Arizona Laws 28-7206
Notwithstanding section 28-7205, if the roadway is a city, town or county roadway in a planned development, the governing body may resolve that the roadway or portion of the roadway be vacated and that title to the vacated roadway or portion of the roadway vests in the owners association if the following conditions are met:
Terms Used In Arizona Laws 28-7206
- Governing body: means the city or town council or other authority of a city or town, the board of supervisors of a county or the transportation board. See Arizona Laws 28-7201
- Owners association: means a nonprofit corporation authorized to do business in this state. See Arizona Laws 28-7201
- Property: includes both real and personal property. See Arizona Laws 1-215
- Roadway: includes all or part of a platted or designated public street, highway, alley, lane, parkway, avenue, road, sidewalk or other public way, whether or not it has been used as such. See Arizona Laws 28-7201
1. The owners association includes the owners of the land abutting the roadway or portion of the roadway to be vacated.
2. The owners association has rights and remedies under covenants, conditions or restrictions of title to maintain the vacated roadway and to assess all members of the association for the maintenance of the roadway.
3. Two-thirds of the members of the owners association and a majority of the owners of commercial property abutting the roadway or portion of the roadway to be vacated approve the vesting of title to the roadway or portion of the roadway in the association.