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Welcome

The Board of Directors of the Tone Ranch Estates Homeowners Association (the ?Association?) requests your careful consideration of an important vote affecting the Association?s current and future power to regulate public roadways within our community. On April 18, 2023, Arizona Governor Katie Hobbs signed House Bill 2298 (?HB 2298?). HB 2298 affects planned communities with deed restrictions recorded prior to 2015 that govern public roadways. As you may know, the Association?s Declaration of Covenants, Conditions and Restrictions for Tone Ranch Estates (the ?Declaration?) was recorded in 2000 and governs use of the public roadways within the community. Accordingly, HB 2298 applies to the Association. HB 2298 requires the Association to hold a membership vote prior to June 30, 2025, to determine whether the Members wish to have the Association retain the ability to regulate use of the public roadways within the community. How This Vote Affects the Association Please note that this vote does not concern the substance of current community regulations. Rather, this vote affects the general power of the Association to enforce any public roadway regulation in the Declaration within the community, whether now or in the future. This vote does not involve whether Members approve specific regulations, but instead whether the Association will retain the power to enforce any regulation going forward. If this vote passes, the Association will retain the right to continue to regulate public roadways in the community as provided in the Declaration. This maintains the status quo. If the vote fails, the Association will lose all authority to regulate the public roadways within the community. Crucially, HB 2298 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, or in what form their rules may take. The Association?s Board of Directors recommends voting ?YES? to retain the Association?s right to regulate the public roadways within the community so that the community will not lose our ability to adapt and respond to issues that may arise in the future, specifically with respect to issues of public safety.

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