Regulate Roadways FAQ
What is required for the vote to pass?
If the number of owners voting on the question is sufficient to constitute a quorum of the membership (10% of 1722, or 172 members) 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.
Does this give the association more authority than it already does?
No. This vote only allows the association to maintain the authority it currently has, as outlined in the CC&Rs.
Does this vote affect the enforcement of speeding on public roadways?
No. Speed is set by the Town of Gilbert and enforced by Gilbert Police. The Association cannot change the speed or enforce the speed limit.
Does this vote affect maintenance of the roadways?
No. This vote does not affect maintenance of the roadway or any common area. The Town of Gilbert will continue to maintain the roadways.
What happens if this doesn't pass?
A.R.S § 33-1818 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.
The Association will no longer be able to regulate parking restrictions or other rules on or along public roadways.
If the number of owners voting on the question is sufficient to constitute a quorum of the membership (10% of 1722, or 172 members) 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.
Does this give the association more authority than it already does?
No. This vote only allows the association to maintain the authority it currently has, as outlined in the CC&Rs.
Does this vote affect the enforcement of speeding on public roadways?
No. Speed is set by the Town of Gilbert and enforced by Gilbert Police. The Association cannot change the speed or enforce the speed limit.
Does this vote affect maintenance of the roadways?
No. This vote does not affect maintenance of the roadway or any common area. The Town of Gilbert will continue to maintain the roadways.
What happens if this doesn't pass?
A.R.S § 33-1818 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.
The Association will no longer be able to regulate parking restrictions or other rules on or along public roadways.
In the absence of the Association regulation, it is unclear whether a governmental entity such as the Town of Gilbert would step in to create and enforce its own street parking rules/ordinances. Given the uncertainty associated with the failure to pass this vote, the Board encourages you to consider and vote in favor of the Association retaining authority over public roadways in the community.
What should I do?
The Association’s position is that the use restrictions governing public roadways preserve the community’s residential character and have the potential to protect public safety by ensuring emergency and other vehicles have adequate space to navigate the community’s public roadways. The Association encourages you to vote “yes” in favor of the Association retaining its authority to regulate public roadways within the community.
What should I do?
The Association’s position is that the use restrictions governing public roadways preserve the community’s residential character and have the potential to protect public safety by ensuring emergency and other vehicles have adequate space to navigate the community’s public roadways. The Association encourages you to vote “yes” in favor of the Association retaining its authority to regulate public roadways within the community.