ARS 33-1818 Street Parking vote: What constitutes a quorum AZ law and HOA bylaws – Where do I look?
In my HOA CC&Rs it clearly has a Street Parking Restriction. However, in determining current HOA authority to regulate street parking I had to look at other places in the CC&Rs – Areas of Association Responsibility was key as it says dedicated rights of way are in until it is taken over by a municipality, which has now. Now that the HOA Board realize their authority is in question, I suspect they will be making a push for the ARS 33-1818 vote before June 30, 2025. As I read the law, B1 “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.” What constitutes a Quorum? Is this defined by AZ state law, Municipal law or where do I look in the CC&Rs. My current CC&Rs state that Amendments require 75% of homeowner’s vote, which is a high burden. My Community Manager states 10%, but I dont think either are right. I suspect it would be a greater than 50% affirmative vote of the people that show up or submit their vote by proxy at the meeting where the vote is held. I dont know.
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Beau.
First never trust anything that a community manager tells you. Everything has to be in your community documents. While some CC&Rs establish the meeting quorum requirements most are contained in the bylaws. Quorum only applies to establish what participation is required to make the meeting valid it does not limit how many people are allowed to vote on the issue. If your community has an opinion on the issue with a strong divide on the outcome than anyone and everyone should vote. Your vote could decide the issue. There is no reason why you could not get 100% participation. If anyone doesn’t vote they are simply giving up their right to decide forever how their community will be operated. The fact is this no community has the right to regulate property it does not own other than the restricting on your property that you agreed to when you bought your home. Municipalities have been regulating streets much longer than any HOA and the understand safety and have the police and courts to enforce their street safety laws. The association will try to do and say anything to convince your community to continue to allow the fickle board to regulate how you can use these streets . Please you need to organize your community to get out the vote and reject giving your board more power than they are rightly authorized. If your community votes to grant that power it cannot be removed later.
This is a big deal so don’t miss the opportunity to vote against this proposal.
Dennis
Hi, one of our bard members came across the following and I am trying to confirm if this correct. They are debating if member vote is still required.
Your thoughts?
Thanks
“Under A.R.S. § 33-1818(A), our HOA cannot regulate parking on streets that are publicly maintained by Navajo County, regardless of what our CC&Rs state. While our 2000 and 2020 CC&Rs reference authority over street parking, this authority is overridden by state law because our streets are county-maintained. Complaints regarding parking on these streets should be referred to Navajo County. Since the streets are publicly maintained, we are not eligible to hold a membership vote to retain this authority under the June 30, 2025, deadline set by Arizona law.”
Your association is subject to amended statute that provided for the one time vote of the members to retain association control over streets owned by the municipality or county. Having said that my belief has always been that no association irrespective of any provision in the CC&Rs that provide them that authority, has any authority to regulate streets that they do not own. I was not able to get that codified in law, but did provide for this one time vote for the homeowners to decide the issue. Please note that this vote is irreversible. I highly recommend that every community deny the association any power over streets that they do not own. Inevitably that association will use that power to harass and intimidate homeowners selectively at will with impunity. You will all receive equal or better value from municipal or county control for street safety and accessibility along with their responsibility to maintain those streets. If your community refuses to allow the homeowners a vote on this issue, by the deadline date they forever lose any ability to regulate any aspect of the publicly owned streets.
Dennis