January 11, 2016 Arizona HOA 2016 Legislative Session Begins
The 2016 Arizona Legislative Session kicked off last week, Monday, January 11th. With 100 days in regular session, AAM will track bills pertinent to our industry and keep you informed, posting updates on our website regularly.
This session, there are four bills currently on our radar that directly impact Arizona HOAs. These bills include:
Homeowners associations and condominium associations are prohibited from proceeding with any action to enforce the community or condominium documents within 30 days after the receipt of certified mail containing a response from a member or unit owner.
It is a class 2 (mid-level) misdemeanor for a person to remove, alter, deface or cover any political sign, defined by the bill as a sign intended to influence the outcome of an election, instead of just any political sign of a candidate for public office. The period of time during which political signs of candidates for public office cannot be removed, altered or defaced is changed to beginning 86 days before the primary election, from 45 days before.
Provides for amendment of the Declaration after the Period of Declarant Control has ended for both homeowner associations (planned communities) and condominium associations.
Homeowners associations and condominium associations or their agents and owners or managing agents of a gated or secured apartment community are required to allow a process server to access the gated or secured areas of the community in order to serve process. A security guard or other employee or agent of the community or association is prohibited from notifying the person who lives in the community that a process server is attempting to serve that person with service of process. The Attorney General or the county attorney is authorized to enforce these requirements and to assess a civil penalty of up to $250 per violation.