Condominium associations are required to maintain property insurance on the units. Each unit owner has the right to report a loss under the association’s property insurance policy. If the cause of damage to or destruction of any portion of a condominium originates from the common elements or an event outside of the units and common elements, the insurance deductible is a common expense for the association. If the cause originates from a unit, the owner of the unit is responsible for the deductible of up to $10,000.
Last Action: 4/6/2023 Senate – RETAINED Committee of the Whole
If a planned community regulates any public roadway, the planned community is required, by June 30, 2025, to hold a vote of the membership on the question of whether to continue to regulate public roadways. If a majority of a quorum of the membership of the community votes to continue regulating public roadways in the planned community, the planned community retains its authority to regulate those public roadways. If the vote fails or if the planned community does not hold a vote, the planned community no longer has authority to regulate the public roadways in the planned community and any existing regulations expire.
Condominium associations and planned community associations cannot restrict a unit owner from conducting door-to-door political activity, and cannot prohibit a unit owner from circulating political petitions.
The members of a homeowner’s association or the unit owners of a condo association are allowed to call a special meeting to remove a member of an association board.
Last Action: 4/26/2023 Governor – Transmit to Governor for signature or veto
Homeowners’ associations and condo associations cannot prohibit the outdoor display of any historic version of the American flag, including the “Betsy Ross flag” (defined), without regard to how the stars and stripes are arranged on the flag.
Condominium associations are required to maintain property insurance on the units. Each unit owner has the right to report a loss under the association’s property insurance policy. If the cause of damage to or destruction of any portion of a condominium originates from the common elements or an event outside of the units and common elements, the insurance deductible is a common expense for the association. If the cause originates from a unit, the owner of the unit is responsible for the deductible of up to $10,000.
Last Action: 4/6/2023 Senate – RETAINED Committee of the Whole
If a planned community regulates any public roadway, the planned community is required, by June 30, 2025, to hold a vote of the membership on the question of whether to continue to regulate public roadways. If a majority of a quorum of the membership of the community votes to continue regulating public roadways in the planned community, the planned community retains its authority to regulate those public roadways. If the vote fails or if the planned community does not hold a vote, the planned community no longer has authority to regulate the public roadways in the planned community and any existing regulations expire.
Last Action: 4/5/23 Senate – PASSED – Senate Third Reading – Transmit to House
Condominium associations and planned community associations cannot restrict a unit owner from conducting door-to-door political activity, and cannot prohibit a unit owner from circulating political petitions.
Last Action: 3/14/23 Senate – Senate Minority Caucus, Yes Vote
The members of a homeowner’s association or the unit owners of a condo association are allowed to call a special meeting to remove a member of an association board.
Last Action: 4/6/2023 Senate – Do Pass with Amendment, Committee of the Whole
Homeowners’ associations and condo associations cannot prohibit the outdoor display of any historic version of the American flag, including the “Betsy Ross flag” (defined), without regard to how the stars and stripes are arranged on the flag.
Condominium associations are required to maintain property insurance on the units. Each unit owner has the right to report a loss under the association’s property insurance policy. If the cause of damage to or destruction of any portion of a condominium originates from the common elements or an event outside of the units and common elements, the insurance deductible is a common expense for the association. If the cause originates from a unit, the owner of the unit is responsible for the deductible of up to $10,000.
If a planned community regulates any public roadway, the planned community is required, by June 30, 2025, to hold a vote of the membership on the question of whether to continue to regulate public roadways. If a majority of a quorum of the membership of the community votes to continue regulating public roadways in the planned community, the planned community retains its authority to regulate those public roadways. If the vote fails or if the planned community does not hold a vote, the planned community no longer has authority to regulate the public roadways in the planned community and any existing regulations expire.
Last Action: 3/14/23 Senate – Senate Minority Caucus, Yes Vote
Condominium associations and planned community associations cannot restrict a unit owner from conducting door-to-door political activity, and cannot prohibit a unit owner from circulating political petitions.
Last Action: 3/14/23 Senate – Senate Minority Caucus, Yes Vote
The members of a homeowner’s association or the unit owners of a condo association are allowed to call a special meeting to remove a member of an association board.
Last Action: 3/14/23 House – Second Reading, Floor
Homeowners’ associations and condo associations cannot prohibit the outdoor display of any historic version of the American flag, including the “Betsy Ross flag” (defined), without regard to how the stars and stripes are arranged on the flag.
Last Action: 3/23/23 House – Passed the House on the Third Read. Click here for the version of the Bill that will now be sent to the Governor’s office.
Condominium associations are required to maintain property insurance on the units. Each unit owner has the right to report a loss under the association’s property insurance policy. If the cause of damage to or destruction of any portion of a condominium originates from the common elements or an event outside of the units and common elements, the insurance deductible is a common expense for the association. If the cause originates from a unit, the owner of the unit is responsible for the deductible of up to $10,000.
Last Action: 3/7/23 House – Do Pass with Amendment and assigned to Senate Government Committee
If a planned community regulates any public roadway, the planned community is required, by June 30, 2025, to hold a vote of the membership on the question of whether to continue to regulate public roadways. If a majority of a quorum of the membership of the community votes to continue regulating public roadways in the planned community, the planned community retains its authority to regulate those public roadways. If the vote fails or if the planned community does not hold a vote, the planned community no longer has authority to regulate the public roadways in the planned community and any existing regulations expire.
Last Action: 3/8/23 Senate – Do Pass with Amendment – Senate Government Committee
Condominium associations and planned community associations cannot restrict a unit owner from conducting door-to-door political activity, and cannot prohibit a unit owner from circulating political petitions.
Last Action: 3/8/23 Senate – Do Pass – Senate Government Committee
The members of a homeowner’s association or the unit owners of a condo association are allowed to call a special meeting to remove a member of an association board.
Homeowners’ associations and condo associations cannot prohibit the outdoor display of any historic version of the American flag, including the “Betsy Ross flag” (defined), without regard to how the stars and stripes are arranged on the flag.
Last Action: 3/8/23 House – Do Pass – House Government Committee
Condominium associations are required to maintain property insurance on the units. Each unit owner has the right to report a loss under the association’s property insurance policy. If the cause of damage to or destruction of any portion of a condominium originates from the common elements or an event outside of the units and common elements, the insurance deductible is a common expense for the association. If the cause originates from a unit, the owner of the unit is responsible for the deductible of up to $10,000.
If a planned community regulates any public roadway, the planned community is required, by June 30, 2025, to hold a vote of the membership on the question of whether to continue to regulate public roadways. If a majority of a quorum of the membership of the community votes to continue regulating public roadways in the planned community, the planned community retains its authority to regulate those public roadways. If the vote fails or if the planned community does not hold a vote, the planned community no longer has authority to regulate the public roadways in the planned community and any existing regulations expire.
Condominium associations and planned community associations cannot restrict a unit owner from conducting door-to-door political activity, and cannot prohibit a unit owner from circulating political petitions.
The members of a homeowner’s association or the unit owners of a condo association are allowed to call a special meeting to remove a member of an association board.
An agreement to terminate the condominium declaration is required to contain the required number of unit owners’ signatures and their printed names and unit numbers, and must be signed and notarized by the person or entity presenting the termination agreement. Additional requirements for the termination agreement are specified. The Board of Directors of the condo association is required to hold a public meeting to ratify the termination agreement. After termination, each unit owner is allowed to sell the unit owner’s interest in the individual unit, its real estate, and the unit owner’s interest in the common property as a single parcel that is subject to the recorded termination agreement. Following termination, all financial assets and loans or continuing obligations of the previous condominium association, if any, transfer to the owners in common as organized under the termination agreement.
When a condominium association is terminated, the respective interests of unit owners is the sales price of each unit as negotiated in a sale between the unit owner and the association. A transfer of title for a unit cannot occur before the unit owner and the association agree on the sales price.
Condominium associations and homeowners’ associations cannot prohibit the outdoor display of any flag unless the flag is obscene, defamatory, or likely to incite violence.
Homeowners’ associations and condo associations cannot prohibit the outdoor display of any historic version of the American flag, including the “Betsy Ross flag” (defined), without regard to how the stars and stripes are arranged on the flag.
A home-based business must be allowed as a use by right if the home-based business does not supersede any deed restriction, covenant or agreement restricting the use of land, a master deed or any other document applicable to a common interest ownership community. Counties and municipalities cannot prohibit a “no-impact home-based business” (defined) or require a person to apply for, register, or obtain a permit, license, variance or other type of prior municipal approval to operate a no-impact home-based business. Counties and municipalities are authorized to establish reasonable regulations on a home-based business if the regulations are narrowly tailored for specified purposes, including protecting public health and safety and ensuring that the business activity is compatible with residential use of the property.
A homeowners’ association cannot prohibit the installation of a water saving device or indoor or outdoor water conservation practice. A homeowners’ association is authorized to adopt reasonable rules ragarding placing a water saving device or using a water conservation practice if those rules do not prevent installing the device, impair the functioning of the device or pracitce, restrict using the device or practice, or adversely affect the cost of efficiency of the device or practice.
For all homeowners’ association and condo association directors’ elections, cumulative voting is prohibited, nominations from the floor are prohibited, and the names of all eligible candidates nominated for the board of directors must appear on the ballot. For any meeting at which the election of directors occurs and for the annual meeting, the quorum requirement is 1/10 of the total number of votes entitled to be cast unless the homeowners’ association or condo association documents specify a lesser amount. Homeowners’ association or condo association votes cannot be cast by proxy but may be cast by absentee ballots, and the process for absentee ballot voting is specified.
Homeowners’ associations and condo associations (HOAs), through the board of directors, have a duty to the members or unit owners to act with the care an ordinarily prudent person in a like position would exercise under similar circumstances in managing and maintaining the common property and in protecting and managing the financial assets and affairs of the HOA, to treat members fairly, and to act reasonably in the exercise of discretionary powers. The directors and officers of an HOA have a duty to the HOA to act in good faith, in compliance with statute and the community documents, and to use ordinary care and prudence in performing their functions. The HOA and its directors and officers are indemnified from any liability for any action taken or any failure to take any action if the duties were performed in compliance with these requirements. A legislative intent section states that these changes are clarifying and do not provide any substantive change in the law.
Establishes a specific list of records that homeowners’ associations and condo associations are required to make reasonably available to a member or unit owner on request, including financial statements and accounts, the operating budget, current contracts, and current insurance policies. Establishes requirements for a request to examine association records.
Condominium associations and homeowners’ associations cannot prohibit the outdoor display of any flag unless the flag is obscene, defamatory, or likely to incite violence.
Homeowners’ associations and condo associations cannot prohibit the outdoor display of any historic version of the American flag, including the “Betsy Ross flag” (defined), without regard to how the stars and stripes are arranged on the flag.
A home-based business must be allowed as a use by right if the home-based business does not supersede any deed restriction, covenant or agreement restricting the use of land, a master deed or any other document applicable to a common interest ownership community. Counties and municipalities cannot prohibit a “no-impact home-based business” (defined) or require a person to apply for, register, or obtain a permit, license, variance or other type of prior municipal approval to operate a no-impact home-based business. Counties and municipalities are authorized to establish reasonable regulations on a home-based business if the regulations are narrowly tailored for specified purposes, including protecting public health and safety and ensuring that the business activity is compatible with residential use of the property.
Condominium associations are required to maintain property insurance on the units. Each unit owner has the right to report a loss under the association’s property insurance policy. If the cause of damage to or destruction of any portion of a condominium originates from the common elements or an event outside of the units and common elements, the insurance deductible is a common expense for the association. If the cause originates from a unit, the owner of the unit is responsible for the deductible of up to $10,000.
If a planned community regulates any public roadway, the planned community is required, by June 30, 2025, to hold a vote of the membership on the question of whether to continue to regulate public roadways. If a majority of a quorum of the membership of the community votes to continue regulating public roadways in the planned community, the planned community retains its authority to regulate those public roadways. If the vote fails or if the planned community does not hold a vote, the planned community no longer has authority to regulate the public roadways in the planned community and any existing regulations expire.
Condominium associations and planned community associations cannot restrict a unit owner from conducting door-to-door political activity, and cannot prohibit a unit owner from circulating political petitions.
For a trustee’s sale of residential property with up to four residential units, an “eligible tenant buyer” (defined) is allowed to submit a bid in an amount equal to the full amount of the successful bid at the trustee’s sale, along with an affidavit stating that the eligible tenant buyer will occupy the residential property as his/her primary residence within 60 days after the recording of a trustee’s deed in favor of the eligible tenant buyer, and will maintain occupancy for at least one year. For a trustee’s sale of residential property with up to four residential units, an “eligible bidder” (defined) is allowed to submit a bid in an amount that exceeds the full amount of the successful bid along with an affidavit stating that the eligible tenant buyer will occupy the residential property as his/her primary residence within 60 days after the recording of a trustee’s deed in favor of the eligible tenant buyer, and will maintain occupancy for at least one year. These types of bids must be submitted within 30 days after the trustee sale. For a trustee’s sale of residential property with up to four residential units, the trustee is required to allow eligible tenant buyers and eligible bidders to match or exceed the bid amount and are prohibited to execute the trustee’s deed until expiration of the 30-day period. Also, the Arizona Department of Housing (ADOH) is required to establish and operate a registry of persons or entities that own more than 25 residential properties in Arizona, and monitor the level of compliance with state and local laws with respect to those properties. ADOH is also required to acquire and assist in acquiring at trustee sales residential housing appropriate for maintaining and increasing the supply of housing for purchase or rent by low and moderate income persons, including nonprofit corporations that provide housing assistance to acquire residential properties for sale or rent.
The 56th Arizona Legislative-First Regular Session kicked off, Monday, January 9, 2023.
With 100 days in regular session, AAM will track bills pertinent to our industry and keep you informed through emails and updated posts to our website.
In this session, there are a couple of bills currently on our radar that may directly impact Arizona HOAs.
Condominium associations and homeowners’ associations cannot prohibit the outdoor display of any flag unless the flag is obscene, defamatory, or likely to incite violence.
Homeowners’ associations and condo associations cannot prohibit the outdoor display of any historic version of the American flag, including the “Betsy Ross flag” (defined), without regard to how the stars and stripes are arranged on the flag.
Condominium associations are required to maintain property insurance on the units. Each unit owner has the right to report a loss under the association’s property insurance policy. If the cause of damage to or destruction of any portion of a condominium originates from the common elements or an event outside of the units and common elements, the insurance deductible is a common expense for the association. If the cause originates from a unit, the owner of the unit is responsible for the deductible of up to $10,000.
If a planned community regulates any public roadway, the planned community is required, by June 30, 2025, to hold a vote of the membership on the question of whether to continue to regulate public roadways. If a majority of a quorum of the membership of the community votes to continue regulating public roadways in the planned community, the planned community retains its authority to regulate those public roadways. If the vote fails or if the planned community does not hold a vote, the planned community no longer has authority to regulate the public roadways in the planned community and any existing regulations expire.
Condominium associations and planned community associations cannot restrict a unit owner from conducting door-to-door political activity, and cannot prohibit a unit owner from circulating political petitions.
