2020 Arizona Legislative Session Begins
The 54th Arizona Legislative-Second Regular Session kicked off, Monday, January 13, 2020.
With 100 days in regular session, AAM will track bills pertinent to our industry and keep you informed, posting updates on our website regularly and sending weekly email blasts.
This session, there a couple of bills currently on our radar that may directly impact Arizona HOAs.
HOA Priority Bills:
HOMEOWNERS' ASSOCIATIONS; EVAPORATIVE COOLERS
A homeowners' association cannot prohibit the installation of an evaporative cooler that is designed primarily for use as a residential cooling device.
Status: 1/13 - Referred to House Committee
HOMEOWNERS' ASSOCIATIONS; BILLING STATEMENTS; WAIVER
If there is no amount due or if a unit owner or member provides written notice to a condo association or homeowners' association (HOA) that the unit owner or member waives the right to receive account statements, the HOA is not required to provide statements. A unit owner or member may reinstate the right to receive statements by providing written notice to the HOA.
Status: 1/22 - Referred to House Government
RECORDER; RECORDING FEES; LIEN FEES
Establishes a fee of $9 for the county recorder to record liens.
WRITS OF GARNISHMENT; ATTORNEY FEES
Accrued attorney fees, including fees for garnishment, if allowed by a judgment or contract, are added to the amount that may be included in a writ of garnishment.
Status: 1/22 - Referred to House Judicial Committee
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: 1/22 - Referred to House Elect, gov.
RIGHT TO REDEEM; LIEN; SALE
A real property tax lien cannot be redeemed after the entry of a judgment of foreclosing the right to redeem. When the court enters judgment foreclosing the right to redeem, the court must direct the county treasurer to sell the property and deliver the deed to the purchaser after the purchaser pays, instead of to deliver the deed to the party in whose favor the judgment was entered. The foreclosure of the right to redeem does not extinguish the property owner's or another lienholder's interest in the surplus proceeds from the sale of the property. The treasurer is required to sell the property at public auction. An auction must be held within 6 months after the entry of a judgment foreclosing the right to redeem. Requirements for notice of the auction and conducting the auction are established, including requiring the county treasurer to set the minimum bid at the property's limited cash value. After deducting and distributing interest, penalties, fees and costs charged against the parcel, the county treasurer is required to post a public list of the remaining monies that any party that had a legal interest in the property before the judgment foreclosing the right to redeem or the issuance of the tax deed to this state may claim. The county treasurer is required to continuously post a list of properties sold in the past five years in the treasurer's office and on the treasurer's official website. After receiving full payment for the property, the county treasurer is required to notify by mail the former property owner and any person with a recorded interest in the property, and information that must be included in the notice is listed. Any portion of the surplus monies that remains unclaimed after five years must be treated as unclaimed property. More. Emergency clause.
HOAS; MEETING TECHNOLOGY; VOTING RIGHTS
Various changes to statutes regulating meetings of the board of directors of a condo association or homeowners' association (HOA). A quorum of the HOA board of directors is permitted to meet by means of electronic or digital means if an electronic or digital device is available in the meeting room that allows board members and HOA members to hear all parties who are speaking during the meeting. Absentee ballots for HOA elections may be delivered and returned by electronic or digital means. If an online voting system is used, it must include specified capabilities, including authentication of the unit owner's identity and storage of electronic votes for recount, inspection and review. An HOA may suspend a member's voting rights or eligibility for membership on the board of directors only if the member has failed to pay one or more assessments.
PARKED VEHICLES BLOCKING SIDEWALK; PROHIBITION
The prohibition against a person stopping, standing or parking a vehicle on a sidewalk includes stopping, standing or parking a vehicle so that any part of or attachment to the vehicle blocks an area of a sidewalk and impedes continuous pedestrian use of the sidewalk in a manner that is not consistent with the Americans With Disabilities Act. A person who stops, stands or parks a vehicle on a sidewalk is subject to a civil penalty of at least $500.
HOA; RENTAL INFORMATION; VIOLATION; PENALTY
If a unit owner or member or their agent fails to disclose to a condo association or planned community association tenant information as required by statute, the tenancy is presumed to be in violation and the association is authorized to impose a monetary penalty on the unit owner or member in the full amount of the monies paid by the tenant. The prohibition on an association imposing a fee greater than $15 for incomplete or late information is deleted.
HOMEOWNERS' ASSOCIATIONS; PAYMENT COUPON BOOKS
Homeowners' associations and condominium associations with at least 50 lots that do not contract with a third party to perform management services are allowed, instead of required, to provide a statement of account in lieu of a periodic payment book to association members. Emergency clause.
Status: 1/13 - Referred to Senate Government