SONORAN DESERT WILLOW ESTATES HOA
IMPORTANT NEIGHBORHOOD INFORMATION
In the next few days, our association members will receive our annual meeting package. It is extremely important that you review all the materials in the package and take the time to vote and return your vote to GNC Management prior to our next meeting on March 20, 2025.
One item of extreme importance is a vote regarding parking regulations and enforcement within our community. Current legislation requires our community vote on whether to maintain control of enforcing parking regulation violations to the HOA or release our authority to enforce these regulations to the City of Tucson.
Below is a letter you will receive in the mail authored by our Association Attorney’s, Smith & Wamsley, that summarize what a yes or no vote would mean to the association. Your Board of Directors strongly encourages you to vote in favor of the Association continuing to regulate parking on public roadways.
We are required to submit a result of the vote with a sufficient quorum to maintain this control. The absence of sufficient votes, or a negative vote will automatically take away our ability to address those violations.
The following is a letter from our attorneys that describes the issue at hand.
Dear Members,
This is your notice the Board of Directors is calling a Meeting of the Members, to be held on March 20, 2025 at 6:30 p.m. at Mica Mountain High School, 10800 E. Valencia Road, Tucson, AZ 85747.
PURPOSE OF MEETING
The Arizona legislature recently enacted a law requiring homeowners associations that currently regulate public roadways within their communities to hold a vote, no later than June 30, 2025, to decide if the Association will continue regulating these roads in accordance with the community’s CC&Rs. The law, A.R.S. § 33-1818, applies to Associations whose CC&Rs were recorded before January 1, 2015, and states failure to approve continued roadway regulation, or failure to hold a vote or to obtain quorum for the vote before June 30, 2025, will result in an automatic termination of the Association’s ability to regulate public roadways within the community.
Sonoran Desert Willows Estates’ CC&Rs were recorded on January 9, 2003, and its provisions require the Association to regulate the public roadways within our community, so we are required to call this Meeting of Members and allow our Members to vote on this very important decision. A vote in favor of continued regulation preserves the Association’s ability to regulate parking on these roadways, while a vote against continued regulation will allow on-street parking to begin immediately after the vote is confirmed.
Currently, our CC&Rs prohibit on-street parking of motor vehicles, including traditional passenger vehicles, recreational vehicles, commercial vehicles, trailers, and boats. They also prohibit living in RVs or other vehicles anywhere in the community, including on the streets. If there is no quorum at the meeting, or if the vote is against continued regulation, the Association loses its entire ability to regulate activities on the streets, including on-street parking, living in vehicles on the streets, and other behaviors on the streets that the CC&Rs would prohibit. This means the Association would be unable to assist you if a neighbor begins parking their vehicles in front of your home, and recreational vehicles would be allowed under the CC&Rs to park on the streets indefinitely. On the other hand, discontinued regulation of parking means you will no longer receive violation notices or fines for parking any vehicle, including commercial vehicles and recreational vehicles, on the streets. The only parking restrictions will be those in the local codes and will only be handled by the City of Tucson if the Association loses its ability to regulate on-street parking within the community.
This is your opportunity to have your voice heard on this issue. Please return your absentee ballot before the March 20, 2025 meeting, according to the instructions on the ballot. If you choose not to vote by absentee ballot before the meeting, then you may attend the meeting at the date, time, and location provided above to vote in person.
Thank you for your attention to this matter!
George Collaco, President
On behalf of the Sonoran Desert Willow Estates HOA Board of Directors
Comments