The Arizona Legislature opened the Fifty-fifth Second Regular Session on Monday, January 10, 2022. Mulcahy Law Firm P.C. is tracking the community association bills that have already been introduced this legislative session.
If you would like to be involved in the legislative process, please go to the Arizona Legislature website, www.azleg.gov, to find lists of legislators, phone numbers, and calendars regarding committee work. Or, please feel free to contact Beth Mulcahy, Esq. any time with questions regarding the status of bills or the legislative process.
HB2010|HOMEOWNERS’ ASSOCIATIONS; FIRST RESPONDER FLAGS
This bill would add a flag that represents one or more categories of first responders to the list of flags that an Association cannot prohibit. Applies to Planned Communities and Condominiums.
HB2131|HOAS; ARTIFICIAL GRASS BAN PROHIBITED
This bill would prevent an Association from adopting rules prohibiting installation or using artificial grass on any member’s property, notwithstanding any provision in the community documents, in any planned community that allows grass on a member’s property.
An association may adopt reasonable rules regarding the installation and appearance of artificial grass if those rules do not prevent installing or using the artificial grass. The association may reject or require the removal of a member’s artificial grass if the artificial grass creates a health or safety issue that the member does not correct.
Notwithstanding any provision in the community documents, the court shall award reasonable attorney fees and costs to any party that prevails as determined by the court in an action against the association for a violation of this section.
HB2149|HOMEOWNERS’ ASSOCIATIONS; MILITARY FLAGS
This bill is a technical correction regarding military flags and cautionary signs regarding children.
HB2158|HOMEOWNERS’ ASSOCIATIONS; POLITICAL; COMMUNITY ACTIVITY
This bill would prevent the association from prohibiting or unreasonably restricting a unit owner’s ability to peacefully assemble and use private or common elements of the association if done in compliance with reasonable restrictions for the use of that property adopted by the board of directors.
An individual unit owner or group of unit owners may organize to discuss or address condominium business, including board of director elections or recalls, potential or actual ballot issues or revisions to the condominium documents, property maintenance or safety issues or any other condominium business or actions. a unit owner may invite one political candidate or one non-unit owner guest to speak to an assembly of unit owners that has gathered to discuss condominium business. the association shall not restrict posting notices of these informal unit owner meetings on physical or electronic bulletin boards used by the association for posting notices for the association’s or board of director’s official meetings.
The bill adds the definition of political sign as a sign regarding any activity to elect or remove a condominium director or in support of or opposition to a measure that requires a vote of the association membership.
HB2234|VACATION RENTALS; SHORT-TERM RENTALS; ENFORCEMENT
This bill would allow a city or town may impose a civil penalty against the owner for every thirty days the owner fails to provide contact information. A city or town shall provide thirty days’ notice to the owner before imposing the initial civil penalty.
A city or town may require the owner of a vacation rental or short-term rental to maintain liability insurance appropriate to cover the vacation rental or short-term rental.
A city or town may impose a civil penalty against the owner of a vacation rental or short-term rental of $500.00 or up to an amount equal to one night’s rent for the lodging accommodation as advertised on an online lodging marketplace for the first verified violation, an amount of $1,000.00 or an amount equal to two nights’ rent for the lodging accommodation as advertised on an online lodging marketplace for the second verified violation and $3,500.00 or an amount equal to three nights’ rent for the lodging accommodation as advertised on an online lodging marketplace for the third and any subsequent verified violation received by the same vacation rental or short-term rental property within the same twelve-month period.
If multiple verified violations arise out of the same response to an incident at a vacation rental or short-term rental, those verified violations are considered one verified violation for the purpose of assessing civil penalties pursuant to this section and suspending the owner’s transaction privilege tax license.
Applies to Planned Communities and Condominiums.
HB2275|CONDOMINIUM TERMINATION; UNIT OWNERS; PERCENTAGE
This bill would change the number of votes required to terminate the condominium from eighty percent to one hundred percent. It also adds the exemption of eminent domain.
HB2297|JUDGMENTS; LIENS; HOMESTEAD EXEMPTION
This bill would change the law so a recorded judgment is no longer a lien on any homestead property.
SB1102|HOMEOWNERS’ ASSOCIATIONS; SOLAR, WATER DEVICES
This bill would prevent an Association from prohibiting the installation of a solar energy device, water saving device or indoor or outdoor water saving practice.
SB1191|CIVIL ACTIONS; VIRTUAL COURT APPEARANCE
This bill would allow on written notice to the court, all proceedings related to a civil action before the court, any party, including an attorney or witness to participate in the proceeding remotely by using a telephone or video conference connection not withstanding any other law.
Please stay tuned for legislative developments!