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There are currently multiple online elections occurring for this community. Please select the election for which you want to submit a vote:
There are currently multiple online elections occurring for this community. Please select the election for which you want to submit a vote:
The Board of Directors of the Abralee Meadow (Sun West Trails) Community Association (the Association) requests your careful consideration of an important vote affecting the Association?s power to regulate public roadways within our community. On April 18, 2023, Arizona Governor Katie Hobbs signed House Bill 2298 (?HB 2298?). HB 2298 affects planned communities with deed restrictions recorded prior to 2015 that govern public roadways. As you may know, the Association?s Declaration of Covenants, Conditions, Restrictions, Assessments, Charges, Servitudes, Liens, Reservations and Easements for Abralee Meadow (the Declaration? was recorded in 2003 and contains restrictions related to parking on the public roadways within the community. Accordingly, HB 2298 applies to the Association. HB 2298 requires the Association to hold a membership vote prior to June 30, 2025 to determine whether the Members wish to have the Association continue to regulate on-street parking and other uses of the neighborhood public roadways. How This Vote Affects the Association Please note that this vote does not concern the substance of current on-street parking and other public roadway restrictions in the community. Rather, this vote affects the general power of the Association to enforce any public roadway restrictions in the Declaration within the community, whether now or in the future. For example, current Association restrictions prohibit on-street parking of recreational vehicles (RVs), equipment trucks, trailers, campers, boats, and commercial vehicles. Restrictions such as these were intended to (a) preserve the residential character of the community and (b) protect public safety by ensuring that emergency and other vehicles have adequate space to navigate the narrow roadways within the neighborhood as needed. This vote does not involve whether Members approve specific restrictions, but instead whether the Association will retain the power to enforce any of these types of restrictions going forward. If this vote passes, the Association will retain the right to continue to enforce the on-street parking restrictions as provided in the Declaration. If the vote fails, the Association will lose all authority to regulate the public roadways within the community, including the authority to regulate on-street parking. Existing Association regulation of public roadways will thus be invalidated. Crucially, HB 2298 does not provide a method for the Association to regain its authority to regulate its public roadways in the future; this action cannot be reversed by a subsequent vote of the Members. In the absence of Association regulation, it is unclear whether a governmental entity such as the City would step in to create and enforce its own street parking rules/ordinances, or what form those rules may take.
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