WHAT CCMC, CHDB LAW, & OVERSII ARE SAYING
INFORMATION FROM TOWN OF GILBERT
HOA'S ESTABLISHED AFTER JAN.1, 2015
THE NEW LAW: A.R.S. 33-1818
A. For any planned community for which the declaration is recorded after December 31, 2014 and notwithstanding any provision in the community documents, after the period of declarant control, an association has no authority over and shall not regulate any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity.
B. After the period of declarant control, for any planned community for which the declaration was recorded before January 1, 2015 and that regulates any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity, the existing regulations continue in effect until either of the following occurs:
1. Not later than June 30, 2025, the planned community shall call a meeting of the membership on the question of whether to continue to regulate public roadways. If the number of owners voting at the meeting on the question is sufficient to constitute a quorum of the membership and a majority of that number votes to continue regulating public roadways in the planned community, the planned community retains its authority to regulate those public roadways. The board of directors shall record in the office of the county recorder of the county in which the planned community is located a document confirming that the planned community continues to regulate the public roadways.
2. If the vote prescribed by paragraph 1 of this subsection fails or if the planned community does not hold a vote of the membership in compliance with paragraph 1 of this subsection, the planned community no longer has authority to regulate the public roadways in the planned community and any existing regulations expire.
C. This section does not apply to any one-way streets, without regard to ownership, or to any privately owned roadways.
Planned Communities declarations recorded AFTER 12/31/2014
The community has no authority over public roadways.
June 30, 2025 Deadline to Vote
The upcoming vote will impact communities that have declarations recorded before January 1, 2015, and will only affect public roadways. If the community does not conduct the vote or if it fails to achieve a majority, the authority to regulate public streets will be turned over to the Town of Gilbert for regulation.
Planned Communities declarations recorded BEFORE 1/1/2015
Must hold a vote by June 30, 2025 to KEEP parking enforcement authority.
Private vs Public
Do you know the difference?
Private vs. Public Streets
Do You Know the Difference?
Per ARS 33.1818 – This new legislation will not impact private streets; therefore, the responsibility to maintain and regulate these roads remains with the community. The roads currently designated as private in Power Ranch are marked with blue signs, while those that will be impacted by the upcoming vote are indicated by green signs.
Attorney's Interpretation of ARS 33.1818 vs Actual Law Makers' Intentions
Why Power Ranch’s vendors – management company, law firm, and Oversii have a vested, financial interest in voting to retain parking enforcement?
Money
FACT: Power Ranch spends over $127,000 annually to Oversii towards parking enforcement. Oversii does not include security services.
Control
Management's ability to ticket and serve violations to residents remains intact.
Money
Legal Fees can be collected for attempts to collect on unpaid violations.
WHAT CCMC, CHDB LAW, OVERSII WANT HOMEOWNERS TO BELIEVE VS. FACTS:
"IF PARKING ENFORCEMENT IS TURNED OVER TO THE TOWN OF GILBERT, POWER RANCH RESIDENTS WILL BE ALLOWED TO PARK THEIR BOATS, AND RV'S ON PUBLIC STREETS."
READ TOWN OF GILBERT CODE ORDINANCE 62-69:
This is FALSE. Truth is the Town of Gilbert already has parking rules that would prevent such vehicles to be parked on public streets. See. Sec. 62-69 of The Town of Gilbert Code Ordinance. - Parking trucks and trailers on residential streets. "No person shall stand or park a vehicle with a manufacturer's rated chassis capacity in excess of one ton, or a tractor, semitrailer, trailer, bus or recreational vehicle, within the public right-of-way on any street in or adjacent to a residential zoning district, except during the process of loading or unloading such vehicle. Such vehicles may be parked within the public right-of-way for no longer than 48 hours for loading and unloading only. In no event shall such vehicles be parked in such a manner that will block street access for public safety vehicles."
"IF POWER RANCH GIVES UP THE AUTHORITY TO REGULATE PUBLIC STREETS, THIS ALSO MEANS GIVING UP THE AUTHORITY TO REGULATE TRASH CANS."
READ TOWN OF GILBERT CODE ORDINANCE 66-290
Unfortunately, this statement is false. The Town of Gilbert has already implemented systems and processes that greatly surpass our current system and are better equipped to address this issue. Additionally, they can escalate the violation to civil court after issuing three notices. AT NO ADDITIONAL COST TO GILBERT RESIDENTS. See the Town of Gilbert Code Ordinance 66.290
"WE CAN'T RELY ON THE TOWN OF GILBERT TO ALLOCATE RESOURCES TO PARKING BECAUSE THEY ARE TOO BUSY FIGHTING CRIME AND TENDING TO TRAFFIC ACCIDENTS."
While this is an interesting assessment, it is simply not true. We contacted the Town of Gilbert about this very concern. See their response below:
"If Power Ranch relinquishes its authority to regulate public streets, it could compromise safety by obstructing emergency vehicle access due to increased vehicular congestion."
READ TOWN OF GILBERT FIRE PREVENTION AND RESIDENTIAL PARKING
The Town of Gilbert Traffic Engineering Department has stated that they will work with HOA communities to determine the most effective plan for that community including "No Parking" signage and fire lanes where necessary.
Stay Informed. Knowledge is Power.
