The Arizona Legislature began the 2023 session on January 9, 2023 and is considering numerous bills. While the legislature is in session, our firm periodically prepares and posts an updated summary of these proposed bills.
A number of bills did not pass through committees in the required time. These bills will probably not continue to move forward. The most active HOA bills focus on the following topics:
HB2251 – Condominium insurance coverage: This bill would require the association to maintain insurance on common elements and the units. It would give each owner the right to report a loss under the Associations’ property insurance policy.
HB2298 – Planned community public roadways: This bill would require any planned community whose declaration was recorded before January 1, 2015 and that regulates any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity to call a meeting of the membership on the question of whether to continue to regulate the public roadways.
HB2301 – HOA political activity: This bill would prevent an association from restricting an owner from conducting door-to-door political activity, including solicitations of support or opposition regarding candidates or ballot issues, and may not prohibit a unit owner from circulating political petitions, including candidate nomination petitions or petitions in support of or opposition to an initiative, referendum or recall or other political issue.
HB2607 – Board meetings: This bill has some technical corrections with a few changes. This bill would change it to be the Board or the owners shall provide written notice of a meeting. It also changes the Secretary to Secretary or Representative designated by the owners as applicable.
SB1162 – Home based businesses: This bill would make a home-based business allowed as a use by right if the home-based business does not supersede any deed restriction, covenant or agreement restricting the use of land, a master deed or any other document applicable to a common interest ownership community. There are some limitations such as being a no-impact home-based business or prohibiting the use of a home-based business for the purposes of maintaining a structured sober living home or adult-oriented businesses.
SB1049 – Protected flags: This bill would make it so an association cannot ban any historic version of the American flag, such as the Betsy Ross flag.
For a full listing and summary of the pending bills, please visit our website at www.mulcahylawfirm.com.