Legislative Update
This year had less of an impact on community associations than recent past years. Below is a summary of the bills that passed that will affect community associations:
HB 2440: HOA, Condos; Political Petitions
A condominium or planned community cannot prohibit, but may reasonably regulate, the circulation of political petitions on property dedicated to the public within the association. A gated community (one that restricts vehicular or pedestrian access) is not required to comply. Nothing in this act requires a condominium or planned community to make its common areas available for the circulation of political petitions to anyone who is not an owner or resident of the community.
HB 2659: Deed Restrictions; Private Covenants
This bill may anciallarily impact community associations. It explains that owners of real property may enter into a private covenant regarding their property, but such covenants are subject to other existing covenants(i.e., CC&Rs).
HB 2726: Condominium Statutes; Applicability
This statute impacts pre-1986 condominiums. In the past, such communities were governed by the old "Horizontal Property Regime Act" if there was ever a conflict between the Condominium Act and/or the governing documents. This bill ensures that all condominiums, regardless of age, are now subject to the full impact of the Condominium Act in A.R.S. 33-1201 et seq.
SB 1452: HOAs; Foreclosures; Voting Rights
This bill impacts the voting rights of developers who purchased their property as a result of delinquent property taxes. Under certain conditions, a new developer will be restricted from completely controlling the people serving on the board of directors for a community association. The bill is limited in scope and application to most communities throughout Arizona.
