Last Week was the Deadline for Bills to Pass their Committee
As of last week, bills must have passed their committee of origin in order to proceed. However, keep in mind, there are many ways around this deadline in order to enable late legislation; including the waiving of legislative rules or the use of “strikers”. As a reminder, the order of process is that Bills must be heard by their assigned committee and then voted on and passed in that applicable chamber (i.e. House or Senate). Then the Bills go to the other chamber to follow the same process. If voted and approved in both chambers it then goes to the Governor for approval or veto. If the second chamber makes modifications it then has to go back through the process for approval in the originating chamber before going to the Governor.
SB 1151 - fowl regulation; prohibition
Prohibits municipalities from prohibiting single family homes from keeping fowl in the backyard; allows municipality to restrict the number of fowl and fowl cannot make noise.
Status: 2/13 passed Senate 29 ayes -1 nay; transmitted to the House on 2/13
SB 1184 - planned communities; definition; property easements
Expands the definition of a planned community
Status: 2/20 passed Senate 29 ayes - 0 nays -1 not voting, transmitted to the House 2/25
SB 1334 – homeowners’ associations; hearings; attorney fees
Prohibits awarding attorney’s fees in hearings related to HOA disputes. The specific language in the bill states that “Notwithstanding any provision in the condominium documents as defined in Section 33-1202 or the planned community documents as defined in Section 33-1802, the Administrative Hearing Officer and the Department may not make an award of attorney fees to the Association in any matter filed pursuant to Subsection B of this Section.” The bill would also amend §12-341.01. Currently §12-341.01 states that “In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees.” This bill would change this such that the Association, even if the successful party, would have to pay and would not be awarded attorney fees.
Status: 2/20 failed first Senate vote 15 ayes-14 nays -1 not voting. Senator Driggs motioned that the bill be “reconsidered”, the motion passed and on 2/27 the bill was voted on again and this time passed the Senate by a vote of 18 ayes to 12 nays. The bill has been transmitted to the House as of 2/28
SB1471 – recorded documents; false filings; liability
Clarifies penalties (up to $5,000) apply to any unlawful claim of lien or encumbrance based on a provision of the CC&Rs.
Status: 2/5 passed Senate Judiciary committee; next to Senate Rules Committee
SB 1482 – homeowners’ associations amendments; omnibus
This bill should look familiar as it is the same as last year’s SB 1454 that was signed by Governor Brewer, but of which the HOA portions did not actually become law as they were proven to be unconstitutional in the manner in which they were added to an existing non-germane bill.
Status: 2/27 passed Senate 30 ayes – 0 nays; transmitted to the House on 2/28
HB 2027 – golf carts; NEVs; passing; driving
This allows owners in active adult communities to drive golf carts or neighborhood electric vehicles on paved roads. Only applies to communities in unincorporated parts of large counties.
Status: 2/25 passed transportation committee
HB 2141 – technical correction; tax refund account (NOW: county assessor; common area consolidation
This is a striker amendment. This allows the county assessor to automatically consolidate common area parcels within the same taxing district for common area valuation. This applies to new communities.
Status: 2/27 awaiting House floor vote
HB 2695 – homeowners’ associations amendments; omnibus
House version of the SB1482 bill, both running concurrently
Status: 3/3 to be heard by House Rules committee @ 1pm
The following bills were being followed but are considered DEAD:
HB 2556 – homeowners’ associations; alternate dispute resolutions
Requires associations to adopt an “alternate dispute resolution” (ADR) requiring conciliation, mediation or arbitration. Neither owner nor association would be able to file a lawsuit before the ADR process is complete.
HB2570 – condominiums; substantial change; maintenance; assessments
This applies to condominiums only. Any substantial change in common elements regarding outside appearance or security requires a vote of the membership. No more than a 20% increase in year over year assessments without a vote of the membership. If the association fails to maintain common elements that affect health, safety or structural integrity and written notice is provide and not corrected within 60 days, unit owner may withhold assessments
HB 2597 – homeowners’ associations; website; electronic payments
Requires a planned community association to establish and maintain a website for the community that allows for receipt of ALL payments to the association via electronic transfers includes automatic payment and direct transfers
SB 1197 - process servers; privileges
A certified process server is allowed to lawfully remain on real property or unannounced in a planned community or condo association that is guarded or gated