Regulate Public Roadways

 

The Board of Directors (the “Board”) of the Spectrum Community Association (the “Association”) requests your careful consideration of an important vote affecting the Association’s power to regulate public roadways within our community. This regulation not only includes parking on the public roadways, but also the regulation of other items on public roadways to include trash, landscape materials (granite/dirt), boats, RVs, inoperable vehicles, etc.

 

• The Declaration was recorded prior to January 1, 2015, because the Declaration of Covenants, Conditions and Restrictions for Spectrum Community Association (the “Declaration”) was recorded in 2002; and
• The Declaration restricts vehicles from being parked or stored on public streets. See Exhibit B, Section 23 of the Declaration.

A.R.S § 33-1818 only affects public roads within the community. A.R.S § 33-1818 does not affect private roads or enforcement of roads in the Villages, Gemini, Quail Crest, Villas, Casa Fina and Villa Lante neighborhoods. See map above for the public roadways within
Spectrum at Val Vista.
 
A.R.S § 33-1818 requires the Association to hold a membership vote prior to June 30, 2025 to determine whether the Members wish to authorize the Association to continue regulating public roadways within the community. This is an important vote for the community because current Association restrictions limit parking on the streets and give the Board the power to adopt rules and regulations governing the public streets.

 

If this vote passes, the Association will retain its existing authority to regulate the public roadways within the community. 
 
If this vote fails, the Association will lose its authority to regulate the public roadways within the community. This includes the enforcement of parking, storage, and signage on or near the public roads. 

 

Crucially, 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. 

 
In the absence of 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.
 
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. This will be included in the 2025 annual meeting ballot that will be sent out in late March.
 
What streets are affected by this vote?