This legislation has been nothing short of furious!  There were a ton of bills and a lot of possible changes.  Here are two bills that are still pending but could change the way we do things in homeowners associations (a list of "failed" bills follows):

HB 2411: HOAs.  Condominium association and homeowners' associations boards of directors, committees and the membership are permitted to take action only if there is a quorum present for the board, committee or membership meeting and the meeting is held according to statutory open meeting requirements. For any closed portion of a meeting, the HOA board is required to make available an agenda that includes a description of the specific exemption that provides the basis for that portion of the meeting to be closed. The reasons for which a portion of a meeting may be closed are expanded to include violations of the declaration or assessment delinquencies.

Sponsor: Representative Lovas

Status: Passed House 60-0; Assigned to Senate Government; Passed Government Amended 7-0-0; Passed Rules Amended; Passed COW Amended;

Introduced Version of Bill

House Engrossed Version

Senate Engrossed Version

 

SB 1072: ADMINISTRATIVE DECISIONS.  When the court reviews a final administrative decision, the court is required to decide all questions of fact and law without regard to any previous determination that may have been made on the question in an administrative hearing. Applies in any action for judicial review of an agency action that is authorized by law. Previously, the court was required to affirm the agency action unless after reviewing the evidence the court concluded that the action was not supported, was contrary to law, or was arbitrary and capricious.

Sponsor: Senator Petersen

Status: Passed Senate 17-13; Assigned to House Judiciary & Public Safety; Passed Judiciary & Public Safety Amended 6-2-1; Passed Rules;

Introduced Version of Bill

Senate Engrossed Version

House Judiciary & Public Safety Amendment

 

 

SB 1175: REAL ESTATE TRANSFER FEES.  For the purpose of statute prohibiting certain real estate transfer fees, the definition of "association" is expanded to include a nonprofit organization qualified under section 501(c)(3) or 501(c)(4) of the Internal Revenue Code. Contains a legislative intent section. Retroactive to July 29, 2010.

Sponsor: Senator Lesko

Status: Passed Senate 30-0; Assigned to House Commerce; Passed Commerce 7-1-1; Passed Rules; Passed COW;

Introduced Version of Bill

Senate Engrossed Version

 

 

Vetoed / Failed Bills

 

HB 2321: CUMULATIVE VOTING; PROHIBITION.  Condominium associations and HOAs are prohibited from using cumulative voting.

Sponsor: Representative Clark

Status: Passed Senate 29-0-1; Sent to the Governor

Introduced Version of Bill

House Engrossed Version

Veto Letter

Dead Bills

 

HB 2146: HOAS; DISCLOSURE DOCUMENTS; AGENT

Homeowner's associations and condo associations are required to deliver copies of the bylaws, rules, declaration and other specified documents to a purchaser and the purchaser's authorized agent, if any. Previously the association was required to deliver the documents to the purchaser or the agent.

Sponsor: Representative Weninger

Status: Assigned to House Commerce

Introduced Version of Bill

 

HB 2419: HOMEOWNERS ASSOCIATION; DISCLOSURE DOCUMENTS; FEES (NOW: OCCUPATIONAL REGULATION; MUNICIPALITIES; COUNTIES)

Prohibits cities, towns or counties from imposing new licensing requirements, levying new occupational fees or increasing any existing occupational fees.

Sponsor: Representative Leach

Status: Passed House 59-0-1;

Introduced Version of Bill

House Engrossed Version

Commerce & Public Safety Strike Everything Amendment

 

HB 2496: HOAS; BOARD DUTIES; ACKNOWLEDGMENT (NOW: CONSUMER ACCESS LINE OF CREDIT)

Requires the Arizona Department of Financial Institutions (DFI) to establish a licensure

process for a consumer access line of credit (CALC). Establishes qualifications for licensure, fees, reporting and the Community Development Services Fund.

Sponsor: Representative Leach

Status: Passed House 49-9-2; Assigned to Senate Appropriations

Introduced Version of Bill

House Engrossed Version

Appropriations Strike Everything Amendment

 

SB 1007: HOMEBASED BUSINESS; OPERATIONS; EMPLOYEES

County ordinances regulating home-based businesses are prohibited from restricting a business from generating traffic, parking or delivery activity that does not cause on-street parking congestion, from having more than one client on the property at one time, or from employing a list of specified individuals.

Sponsor: Senator Farnsworth

Status: Assigned to Senate Commerce & Public Safety, Government; Passed Commerce & Public Safety 4-2-2; 

Introduced Version of Bill

SB 1018: PROCESS SERVERS; MOTOR VEHICLE RECORDS

The list of circumstances in which the Department of Transportation is required to disclose personal information is expanded to include for use by a certified process server in connection with any civil, criminal, administrative or arbitration proceeding in any court or government agency or before any self-regulatory body.

Sponsor: Senator Kavanagh

Status: Assigned to Senate Transportation & Technology

Introduced Version of Bill

 

SB 1075: AGGRAVATED ASSAULT; PRIVATE PROCESS SERVERS

The list of victims of assault that cause an assault to be classified as aggravated assault if the defendant knows of their profession is expanded to include private process servers while in the execution of official duties.

Sponsor: Senator Kavanagh

Status: Assigned to Senate Judiciary; Passed Judiciary 5-2-0;

Introduced Version of Bill

 

SB 1113: HOAS; ARTIFICIAL GRASS BAN PROHIBITED

In any planned community that allows grass on a member’s property, a homeowner’s association cannot prohibit the installation or use of artificial grass on any member’s property.

Sponsor: Senator Kavanagh

Status: Assigned to Senate Government; Passed Government 6-1-0;

Introduced Version of Bill

 

SB 1153: MUNICIPAL IMPROVEMENT DISTRICTS; SALE CERTIFICATE (NOW: JTED COURSES; PROGRAMS)

For the purpose of executing a certificate of sale of delinquent property in a municipal improvement district, the description of the property may include the parcel number or the street address, if any.

Sponsor: Senator Borrelli

Status: Passed Senate 29-0-1; Assigned to House Appropriations; Failed Appropriations 5-8-1

Introduced Version of Bill

Senate Engrossed Version

 

SB 1240: HOAS; STREETS; AUTHORITY

Statute declaring that a homeowners' association has no authority over and cannot regulate any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity applies to all planned communities without regard to whether the declaration is recorded before or after the effective date of this legislation. Previously, these provisions applied only to planned communities for which the declaration was recorded after December 31, 2014.

Sponsor: Senator Kavanagh

Status: Assigned to Senate Government; Passed Government 4-3-0; Passed Rules; Passed COW Amended; Failed Senate 13-17

Introduced Version of Bill

Kavanagh Floor Amendment

 

SB 1288: HOAS; BOARD CONFLICTS

Expands the list of reasons a condo or HOA board member is required to declare a conflict of interest to include any contract, decision or other action for compensation taken by the board that would benefit any employer or employee of that member. For all circumstances where a condo or HOA board member declares a conflict of interest, the board member is prohibited from playing a part directly or indirectly in the board's deliberations or vote on that issue, instead of being permitted to vote after the declaration.

Sponsor: Senator D. Farnsworth
Status: Assigned to Senate Government; Passed Government 5-2-0; Passed Rules; Failed Senate 14-16

Introduced Version of Bill

 

SB 1289: HOAS; HEARINGS; ATTORNEY FEES

An administrative law judge is prohibited from awarding attorney fees to the association in a dispute between an owner and a condo association or homeowners' association.

Sponsor: Senator D. Farnsworth
Status: Passed Senate 17-13; Assigned to House Local & International Affairs; Failed Local & International Affairs 2-5-0

Introduced Version of Bill

Senate Engrossed Version

 

SB 1371: DELINQUENT PROPERTY TAXES; COMMON AREAS (NOW: POLITICAL SUBDIVISION; HOTEL OWNERSHIP; PROHIBITION)

Prohibits a political subdivision of the state from owning a hotel or motel. Requires political subdivisions to sell any hotels or motels within three years of the effective date of this Act. Defines political subdivision as a county, municipality or special taxing district.

Sponsor: Senator Petersen

Status: Passed Senate 29-0-1; Assigned to House Ways & Means; Held in Ways & Means

Introduced Version of Bill

Senate Engrossed Version

Ways & Means Strike Everything Amendment

 

SB 1400: HOAS; ASSESSMENT LIENS; FORECLOSURE

Condominium association and homeowners' associations are required to offer a reasonable payment plan for assessments, for charges for late payment of assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to assessments, and are required to make and document that offer before attempting to foreclose on the lien or otherwise collect those monies. Such liens can be foreclosed only if the owner has been delinquent for two years, increased from one year, or in the amount of $2,500 or more, increased from $1,200, whichever occurs first.

Sponsor: Senator D. Farnsworth

Status: Assigned to Senate Government

Introduced Version of Bill

 

SB 1401: HOAS; MANAGERS; DUTIES; GRATUITIES

A condominium association or homeowners' association's employees and independent contractors, including "community managers" (defined) are prohibited from soliciting, receiving or accepting any undisclosed fee, compensation, commission or gratuity from any third party that provides or solicits to provide goods or services to the HOA. A community manager is required to act in good faith and in compliance with HOA documents and applicable law, and is prohibited from requiring the HOA to indemnify or otherwise defend the community manager from claims or complaints arising from his/her actions.

Sponsor: Senator D. Farnsworth

Status: Passed Senate 29-1; Assigned to House Local & International Affairs; Failed Local & International Affairs 1-6-0;

Introduced Version of Bill

Senate Engrossed Version

 

SB 1402: HOAS; IMPROVEMENT DISTRICTS; ZONING

Counties and municipalities are no longer prohibited from requiring as part of a subdivision approval or regulation or a zoning ordinance that a sub-divider or developer establish a homeowner's association, and are instead required to provide for the establishment of single-family residential property developments that do not include property held in common ownership and that are required to be included in an improvement district for the limited purpose of owning, operating and maintaining any detention and retention basins, landscaping, open spaces, parks, entryways, street rights-of-way, recreational facilities and other improvements for the benefit of the private property owners within the development and the improvement district. Does not prohibit a sub-divider or developer from obtaining approval for a residential property development that does not include property held in common ownership without an improvement district.

Sponsor: Senator D. Farnsworth

Status: Assigned to Senate Government

Introduced Version of Bill

SB 1404: COMMUNITY FACILITIES DISTRICTS; AMENDMENTS

Various changes to statutes related to community facilities districts. On presentation of a petition signed by the owners of at least 25 percent of the land area proposed to be included in the district and a completed application for district formation, the municipal governing body is required to hold a public hearing to consider the application within 60 days. After the hearing, the governing body is authorized to adopt a resolution declaring its intention to form a district that includes contiguous or noncontiguous property that is wholly within the municipal boundaries. If the application for district formation includes noncontiguous property, each discrete property is required to be located within 1/2 mile of another discrete property the is proposed to be included in the district. Information that must be included in a completed application for district formation is listed. An objection to district formation must be filed within 30 days after adoption of the resolution of intent to form a district. The fees and other charges assessed by a municipality or county in connection with district formation are capped at $15,000, and municipalities and counties are required to use any fees or other charges paid by the applicant before district formation that exceed the actual costs of district formation solely to support the formation or administration of the district. Establishes requirements for an applicant to request financing from general obligation bonds or revenue bonds. By January 1, 2018, municipal governing bodies are required to adopt ordinances or policies that include specified information about district formation. Severability clause.

Sponsor: Senator Lesko

Status: Assigned to Senate Finance; Held in Finance

Introduced Version of Bill

 

SB 1429: HOMEOWNERS' ASSOCIATIONS; ELECTRONIC RECORDS; FEES

Condominium associations and homeowners' associations are prohibited from charging a fee for electronic records consisting of nine or less megabytes of electronic data, and may charge of fee of up to $5 for each additional nine megabytes of electronic data.

Sponsor: Senator D. Farnsworth

Status: Assigned to Senate Government

Introduced Version of Bill