A court will be ordering that most of the new legislation in SB 1454 void and unenforceable. The only part that remains is the portion concerning political signs in condos. The laws regarding rental registration, voting by email, management company representation in small claims court and prohibiting enforcement by the HOA public streets will not become law on September 13. We expect the judge to sign the order before the 13th. Follow the link here for more information.
Articles and Discussions Archive
Senate Bill 1454: An Omnibus Bill that changes several provisions of the Planned Community Act, the Condominium Act, and several other statutes that affect community associations. We are addressing them in order of importance to our existing clients...
Self-Help and Empty Properties. Most community associations have a self-help provision in their Community Documents. A typical self-help provision provides that if an Owner does not adequately maintain a lot, after notice to the Owner, the Community Association may enter onto the Lot and perform the maintenance. The cost of the maintenance can be billed back to the Owner.
The below bills will become effective on July 19, 2011.
- Recording Board and Members’ Meetings. HB 2245 amends the open meeting statutes for both condominiums (A.R.S. §33-1248) and planned communities (A.R.S. §33-1804).
Arizona became the 15th state to legalize the use of medical marijuana in late 2010, after voters approved Prop 203 by a narrow margin. The new Medical Marijuana Actis codified at A.R.S. 28-2801 et seq. That Act has created a new set of questions and concerns for planned community associations. The medical marijuana issue is controversial. The rights of medical marijuana patients must be carefully balanced against the right of an association to maintain its property in a safe and welcoming manner.
The 2010 legislative session concluded with three changes to the Arizona statutes directly governing community associations. House Bill 2768 (HB2768) and House Bill 2345 (HB2345) were passed and signed into law. HB2768 addresses transfer fee at sale provisions authorized by the Declaration. HB 2345 addresses “For Sale” and “For Rent” signs. The legislature also passed and expanded the Arizona Fair Housing Act in SB 1232 (SB1232). Laws passed this year are effective July 29, 2010.
Rules and regulations clarify and implement the governance policies in a community. Rules and regulations can:
- Clarifying vague or ambiguous provisions in the covenants, conditions, and restrictions (“CC&Rs”), Articles of Incorporation or Bylaws (collectively “Community Documents”);
- Address rules of conduct in the community; and
- Providing consistent enforcement policies
If you are an agent interested in leads in your HOA, you might be inclined to distribute your email address to the entire membership. The disclosure of your email address to an HOA can cause you problems.
You have a listing in an HOA. The seller's neighbors are not abiding by the CC&Rs. The neighbors moved here from Philadelphia to follow Curt Schilling. They spent their winters watching TV travelogues about sunny Phoenix.
Agents often serve as directors on the Boards of the HOAs in which they reside. Service on the Boards serves the community in several ways. Agents bring real estate expertise to the Board. They bring financial expertise.