HOA Legislative Issues Archive - 2012

Governor Brewer vetoed HB2513 - a bill regarding rentals in community associations.  Her veto statement is attached to this blog post. 

At this point, there are four bills (listed first below) that have passed both chambers in some form or another:  (1) Legal Fees – HB2484, (2) Conflicting Enactments – HB2471, (3) Roadways – HB2030, and (4) Rentals – HB2513.   The second tier of bills, those that are poised to be passed by both houses, are: (1) Election Procedures – HB2160, (2) Prohibition Against Cities Requiring HOAs – SB1239, (3) Escrow Agents – HB2170, (4) Construction Review – SB1476, and (5) Registry of HOAs – HB2764. 

HB2484 is the most dangerous bill introduced so far.  It is a "Strike Everything" amendment of an existing unrelated bill.  It would create a situation where, regardless of the community documents, a provision in the community documents that purports to hold an owner liable for attorneys' fees without regard to whether the association is the prevailing party in litigation is invalid and unenforceable.  Rather, the bill, if enacted into law would use a discretionary standard of awarding attorneys' fees under A

The bills that are still "alive" are listed first.  This week the "ombudsman" bill was defeated was voted down.  The criminalization of elections (HB2160, listed first below) remains a problem as well as the other bills that are still "making progress" - listed first in the chart below.