January 8th, 2024, marked the opening of Arizona’s Fifty-Sixth Second Regular Legislative Session.
SB1016 Homeowners’ Associations; Flagpoles
Applies to Planned Communities.
This Bill would allow an association to limit an owner to two wall mounted flagpole holders.
SB1432 Unlawful Restrictive Covenants; Uniform Act
Applies to Planned Communities.
This Bill would permit an owner of property subject to an unlawful restriction to submit an amendment to remove that restriction to the Recorder for Recordation in the Lands Records office of the County where the property is located. It permits an association to vote to remove an unlawful property restriction without a vote by the members of the association. A member or members of an association can request an unlawful restriction be removed. The association must act on that request no later than 90 days after receipt of the request.
The Bill includes forms for homeowners to use to request the amendment and specific language that Associations should include when making an amendment pursuant to (now) § 33-534. That language is as follows:
“This Amendment removes from this deed or other document affecting title to real property an unlawful restriction as defined in Section 33-532, Arizona Revised Statutes. This Amendment does not affect the validity or enforceability of a restriction that is not an unlawful restriction.”
HB2119 Homeowner’s Associations; Fees; Related Parties
Applies to Planned Communities and Condominiums.
This Bill would require that the association shall not charge a fee for any conveyance between parties excluding some service fees.
HB2141 Condominiums; Interior Improvements; Approvals
Applies to Condominiums.
This Bill would prevent the Association from prohibiting a unit owner from improving or altering the interior of a unit in a manner that may disturb adjacent unit occupants if the unit owner purchases and installs at the unit owner’s own expense any reasonably necessary improved materials, accessories or other adjustments that eliminate or minimize the potential disturbance. The association shall not prohibit a unit owner from using any manner of decoration on the interior of the unit.
HB2662 Homeowners’ Associations; Meeting Agendas
This Bill would require the secretary to provide an agenda for any meeting of the unit owners’ association by hand delivery, mail, website posting, email or other electronic means or posting at a community center or other similar location.
Applies to Planned Communities and Condominiums.
HB2648 Condominiums; Planned communities; Lien; Assessment
Applies to Planned Communities and Condominiums.
This Bill would limit legal fees that can be included in a lien unless awarded by a judgment and a judgment may only include costs and reasonable attorney fees for the prevailing party if ordered by the court.
HB2698 Planned Communities; Declarant Control
Applies to Planned Communities
This Bill would require the declaration that provides a period of declarant control to also provide for the termination of declarant control. Declarant control terminates not later than the date on which the second to last lot in the planned community is conveyed to a buyer.
