Legislation


The Arizona Legislature is currently meeting in the Second Regular Session of the Forty-Eighth Legislature. Click here to access the Legislature’s web site: www.azleg.gov

The following bills are a partial list of currently pending bills that, if passed and signed by the governor, would impact community associations. Check the Legislature’s web site for current status of the bills.

HB2131: HOAS; REGISTRATION; DISCLOSURE
Beginning January 1, 2009, each HOA for a condominium and each HOA for a planned community would need to register with the Arizona Department of Real Estate. Beginning March 1, 2009, the ADRE would make information about registered community associations available to the public by posting it on the ADRE’s website.   

HB2413: HOAS; PRIVATELY OWNED AMENITIES
Regardless of any provision in community documents, a planned community association would not be able to impose an assessment or other mandatory fee for the construction, use, operation or maintenance that is not owned by the planned community and operated for the benefit of its members. 

HB2440: HOA, CONDOS; POLITICAL PETITIONS
A condominium or planned community could not prohibit or regulate the circulation of political petitions.

HB2611: HOAS; REAL ESTATE SIGNS
A condominium or planned community may regulate for sale signs by adopting a specific provision regarding for sale signs in the community’s documents.  

HB2650: HOA; CONDOS; PLANNED COMMUNITIES; CLASSIFICATION SYSTEM
The list of information that must provided to a purchaser by a community association (or owner of there are fewer than 50 units) is expanded to include a statement that indicates the class (such as "class A") of the condo or planned community, as determined by the services provided.  

SB1019: HOAS & CONDO; OPEN MEETINGS
Would dramatically change the open board meeting requirements of both condominiums and planned communities by limiting board discussion to only items listed on the meeting agenda. Issues considered in a closed session must be voted on in an open meeting. Minutes of open meetings must be made available within 10 business days after the meeting is held and copies provided to unit owners at no cost. The use of “e-mail” would be dramatically regulated and curtailed for making board decisions.

SB1058: PLANNED COMMUNITIES; AUTHORITY OVER ROADWAYS
Would prohibit a planned community from asserting any authority over or regulation of a roadway, easement or “other area” owned by a governmental agency.