2017 Legislation Update #3
Prior to the deadline to introduce bills in the Senate, six new bills were added, SB 1371, SB1400, SB1401, SB1402, SB1429 and HB2411. More details are below.
This session, there are several bills currently on our radar that directly impact Arizona HOAs. These bills include:
Homeowners' associations; disclosure documents; agent
Status: 1/12 referred to House Committee
Homeowners' associations; cumulative voting; prohibition
Status: 1/23 referred to House Local and International Affairs Committee
Homeowners' associations; open meetings
Status: 2/6 Waiting on first House read
Home based business; operations; employees
Status: 1/9 referred to Senate Committee of Public Safety
Homeowners' associations; dispute process
Status: 1/26 passed Senate 30-0, ready for House
HOAs; artificial grass ban prohibited
Status: 1/26 from Senate gov do pass
Real estate transfer fees; definition
Status: 2/6 to Senate consent calendar
Homeowners' associations; streets; authority
Status: 2/2 from Senate gov do pass
Homeowners' associations; Board conflicts
Status: 2/2 from Senate gov do pass
Homeowners' associations; hearings; attorney fees
Status: 2/6 to Senate consent calendar
Delinquent property taxes; common areas
Status: 2/1 Senate second read
Condominium association and homeowners' associations are required to offer a reasonable payment plan for assessments, for charges for late payment of assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to assessments, and are required to make and document that offer before attempting to foreclose on the lien or otherwise collect those monies. Such liens can be foreclosed only if the owner has been delinquent for two years, increased from one year, or in the amount of $2,500 or more, increased from $1,200, whichever occurs first.
Status: 1/31 referred to Senate gov
A condominium association or homeowners' association's employees and independent contractors, including "community managers" (defined) are prohibited from soliciting, receiving or accepting any undisclosed fee, compensation, commission or gratuity from any third party that provides or solicits to provide goods or services to the HOA. A community manager is required to act in good faith and in compliance with HOA documents and applicable law, and is prohibited from requiring the HOA to indemnify or otherwise defend the community manager from claims or complaints arising from his/her actions.
Status: 1/31 referred to Senate gov
Counties and municipalities are no longer prohibited from requiring as part of a subdivision approval or regulation or a zoning ordinance that a subdivider or developer establish a homeowner's association, and are instead required to provide for the establishment of single-family residential property developments that do not include property held in common ownership and that are required to be included in an improvement district for the limited purpose of owning, operating and maintaining any detention and retention basins, landscaping, open spaces, parks, entryways, street rights-of-way, recreational facilities and other improvements for the benefit of the private property owners within the development and the improvement district. Does not prohibit a subdivider or developer from obtaining approval for a residential property development that does not include property held in common ownership without an improvement district.
Status: 1/31 referred to Senate gov
Condominium associations and homeowners' associations are prohibited from charging a fee for electronic records consisting of nine or less megabytes of electronic data, and may charge of fee of up to $5 for each additional nine megabytes of electronic data.
Status: 1/31 referred to Senate gov