Vote to Regulate Roadways

 
The Board of Directors (the “Board”) of the Red Mountain Ranch Owners Association (the “Association”) requests your careful consideration of a crucial vote affecting the Association’s power to regulate public roadways within our community.
 
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. 
 
 
What streets are affected by this vote?
 
This vote does not affect private roads in the benefitted parcels.  The vote only affects public roads within the community, which include: 
 
Background:
 
On October 30, 2023, Arizona House Bill 2298 went into effect, amending A.R.S § 33-1818. A.R.S § 33-1818 affects planned communities with deed restrictions recorded prior to 2015 that govern public roadways. The Board has determined that A.R.S § 33-1818 applies to the Association as:
 
The Declaration was recorded before January 1, 2015, because the Declaration of Covenants, Conditions, and Restrictions for Red Mountain Ranch Owners Association (the “Declaration”) was recorded in 1985; and The Declaration restricts parking of certain vehicles, boats, trailers, recreational vehicles, buses, and other motor vehicles on public roadways. See Exhibit D of the Declaration.
 
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 and further restricting the parking of vehicles on roads.  Also, the Association currently has the ability to regulate signs in the medians. 
 

Frequently Asked Questions

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; a subsequent vote of the members cannot reverse this action. 
 
The Association will no longer be able to regulate parking restrictions or other rules on or along public roadways. 
 
Without the Association regulation, it is unclear whether a governmental entity such as the City of Mesa would step in to create and enforce its street parking rules/ordinances.  Given the uncertainty of 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 of restrictions governing public roadways preserves the community's residential character and has the potential to protect public safety by ensuring that emergencies 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.
 
 

How to Participate and Vote

The vote to regulate public roadways is on the 2024 annual meeting ballot.
Members (homeowners) will be asked to vote on three items:
  1. Election of the Board of Directors
  2. Approval of IRS Revenue Ruling 70-604
  3. Regulation of public roadways within the community
You may cast your vote one of three ways:
  1. You may vote online using Election Buddy.
  2. You may vote using an Absentee Ballot.
  3. You may attend the annual meeting and vote in person using the meeting ballot. 
 
As in prior years, Election Buddy will administer our online election.
Voting online is simple, and we encourage you to take part. Here's how:
 
  1. Visit https://secure.electionbuddy.com/ballot.
  2. Enter your 16-character access key code on the Annual Meeting Notice under your mailing address.  The code shall constitute your signature for A.R.S. § 33-1812 purposes. 
  3. Review the candidates' profiles and cast your vote. You may vote for up to three candidates or submit a write-in candidate.
  4. Vote on the approval of IRS Revenue Ruling 70-604. 
  5. Vote on the Association's power to regulate public roadways within the community under A.R.S. § 33-1818.
  6. Review your selections and submit your ballot. Once submitted, your vote is final, and a confirmation page will appear to ensure your vote was received.


 
Important Deadlines
  • Electronic ballots must be submitted by 5:00 pm Arizona time on December 2, 2024.
  • Absentee Ballots must be received by 5:00 pm Arizona time on December 2, 2024. 
  • Ballots submitted in person at the annual meeting will be accepted until the Final Call for Ballots at the beginning of the meeting. Ballots submitted after the Final Call for Ballots at the annual meeting will not be counted.