Arizona Revised Statute §33-1818 – Parking of Vehicles in our Community

Arizona Revised Statute §33-1818 – Parking of Vehicles in our Community

Members of MPRHOA, I encourage you to read the following new Arizona Revised Statute §33-1818(B)(1), (see below) which will affect the parking of vehicles on the public roadways in our community.  This new statute information along with a voting ballot will be mailed to you in early September 2024, along with the upcoming October 2024, annual meeting information.

The information you will receive will ask Members to vote on whether The M.P.R. Homeowners Association (“Association”) shall continue to regulate public roadways, including the parking of certain vehicles, within the Association, just like we do now.  Currently, Article IV, Sections 2(t), (u) and (v) of the Association’s recorded Declaration prohibits the parking of various vehicles on any streets within the Association.  MPRHOA has the option to keep this restriction in place, if Members vote to allow the Association to continue these restrictions.

If the Members do not vote to allow the Association to continue to enforce the restrictions in the Declaration, the Association will not be able to regulate any public street parking in our community.  What this will mean is that; RV’s, semi-trucks, 5th wheel campers, trailers, large landscape trucks, etc., would be allowed to park on the public streets, in front of your home with no time limits.  This new law also includes leaving out trash cans, construction debris, basketball goals, etc., all which will be allowed on the public roadways without any Association restrictions or time limits.  You will need to contact City of Phoenix Code Enforcement to address these issues.

One reason we chose to live in Mountain Park Ranch is to avoid these types of conditions.  On the ballot that you will soon be receiving in the mail, I encourage you to vote “YES” and allow the Association to continue to monitor/regulate streets.  All you have to do is mail the ballot back in the SASE you will be receiving.  Please also refer to Attorney Chandler Travis’s letter for explanation of this upcoming vote.

33-1818. Community authority over public roadways; vote of the membership; applicability

  1. 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.
  2. 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:
  3. 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. (In MPRHOA’s case, you can vote by the ballot you will soon be receiving) 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.
  4. 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.
  5. This section does not apply to any one-way streets, without regard to ownership, or to any privately owned roadways.