January 25, 2017 Arizona HOA Legislation Update #1
The 53rd Arizona Legislative Session kicked off last week, Monday, January 9th. 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 several bills currently on our radar that directly impact Arizona HOAs. These bills include:
Homeowner's associations and condo associations are required to deliver copies of the bylaws, rules, declaration and other specified documents to a purchaser and the purchaser's authorized agent, if any. Previously the association was required to deliver the documents to the purchaser or the agent.
Condominium associations and HOAs are prohibited from using cumulative voting.
County ordinances regulating home-based businesses are prohibited from restricting a business from generating traffic, parking or delivery activity that does not cause on-street parking congestion, from having more than one client on the property at one time, or from employing a list of specified individuals.
Jurisdiction over administrative hearings for disputes between condo or homeowners' associations and unit owners or members is moved to the State Real Estate Department, from the Department of Fire, Building and Life Safety.
In any planned community that allows grass on a member's property, a homeowner's association cannot prohibit the installation or use of artificial grass on any member's property.
For the purpose of statute prohibiting certain real estate transfer fees, the definition of "association" is expanded to include a nonprofit organization qualified under section 501(c)(3) or 501(c)(4) of the Internal Revenue Code. Contains a legislative intent section. Retroactive to July 29, 2010.