2019 Arizona Legislative Update - Bill Introduction Deadlines
This past Monday was the deadline for bill introductions in the Senate and next Monday is the deadline for the House. The next approaching deadline is the committee deadline in which all House and Senate bills must be heard in their primary committee by February 22, 2019.
This session, there are several bills currently on our radar that directly impact Arizona HOAs. These bills include:
HOA Priority Bills:
HOMEOWNERS' ASSOCIATIONS; EVAPORATIVE COOLERS
Status: 1/28 - Referred to House Committee
APPLICABILITY; RECREATIONAL CENTER
APPLICABILITY; RECREATIONAL CENTER
Status: 2/7 - From House Government, do pass
CONDOMINIUMS, PLANNED COMMUNITIES; WRITE-IN CANDIDATES
The board of directors of a condominium association or planned community association is required to provide for and accept write-in candidates for election to any position on the board, other than for a director appointed by the declarant.
Status: 2/7 - Referred to House Elect, Gov.
CONDOMINIUMS, HOMEOWNERS' ASSOCIATIONS; DECLARATION AMENDMENTS
Various changes relating to condominium associations and planned community homeowners' associations. If there has been a material change to the plan under which a subdivision is offered for sale or lease and an amendment to the public report is required, after units or parcels have been sold or leased to anyone other than the subdivider or its subsidiaries, the subdivider is required to obtain written consent to the proposed amendment to the public report from all current owners or lessees before submitting the amendment to the State Real Estate Commissioner for review and approval if a list of specified conditions exist. An amendment to a declaration is permitted to apply to fewer than all of the units or less than all of the property that is bound by the declaration, and such an amendment is deemed to conform to the general design and plan of the community, if specified conditions apply. Increases the statute of limitations for an action to challenge the validity of an amendment adopted by the association to four years after the amendment is recorded, from one year, with some exceptions. While under the period of declarant control, the voting powers that are specified in the declaration are maintained and an amendment cannot be proposed without the written consent of the declarant. Establishes a list of actions that an amendment to a declaration cannot take without unanimous consent of the community members.
Status: 2/5 - Referred to Senate Government
HOAS; ASSESSMENTS; COSTS
Various changes relating to condo associations and planned community associations (HOAs). Unless the unit owner or member directs otherwise, all payments received on an account are required to be apply to any unpaid amounts in the order the debt was accrued for amounts specifically authorized in the declaration to be charged to the unit owner or member, and any charges or fees not specifically authorized in the declaration are void. Before a judgment of foreclosure may be issued for any amount claimed to be owed to an HOA, the attorney for any foreclosing party in the foreclosure action is required to provide the unit owner or member with a written payment plan that contains specified terms. For any debt owed by a unit owner or member that consists of only attorney fees owed to a third party, the third party is required to provide the unit owner or member with a payment plan that provides for payment in equal monthly installments over up to three years. Unless the HOA agrees otherwise in writing, a managing agent for the HOA is permitted to collect amounts owed directly from a unit owner or member by cash, check, credit or debit card or other electronic means and to charge a convenience fee.
WATER CONSERVATION; LANDSCAPING; RENT; NOTICE
Any covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of real property that effectively prohibits the installation or use of a water saving device or indoor or outdoor water conservation practice is void and unenforceable. HOAs cannot prohibit a water saving device or indoor or outdoor water conservation practice. Also, before a tenant's lease terminates, a landlord is required to give written notice to the tenant of an increase in rent. At least 30 days notice is required for a rent increase of 10 percent of less, and at least 60 days notice is required for a rent increase of more than 10 percent.
Status: 2/6 - Referred to Senate Committee