2013 Arizona Legislature HOA Laws
The 2013 Arizona Legislative session is underway and we’re watching any proposals that have to do with HOAs.
As always, there is no shortage of laws being proposed by our lawmakers to try to disrupt the way Arizona HOA management companies do their jobs or how associations oversee communities. We wanted to provide you with just a few examples of what’s being considered by your elected leaders.
Senate Bill 1278 would affect every community in Arizona. The bill proposed by Senator Barto would say that no homeowners association can regulate what happens on streets owned by the government. That means that parking restrictions that exist in numerous neighborhoods would be null and void. The only real exemption to this bill would be gated communities in which the streets are private. We’ll keep our eyes on SB 1278. Lawmakers have been obsessed with roadways for several years.
House Bill 2092 deals with resale fees charged by associations. It would allow the amount of money that is charged for resale certificates by 3% each year. This bill follows up on a bill that became law a few years ago in which associations were capped at charging $400 for a resale certificate. Lawmakers enacted that bill to try to control or limit the amount of money charged for these documents by Arizona HOA management companies but it had the unintended consequence of immediately leading to much higher fees than were previously charged. Everyone started charging the max instead of lower amounts.
Senate Bill 1055 is another bill that is getting some attention. It would affect gated communities more than any others. SB 1055 would allow process servers to enter any community.
HB 2135 would require HOAs to allow online or fax voting for homeowners. This bill is worrisome for associations that don’t have professional management or are in remote areas.
These are just a few of the bills that are currently proposed for the 2013 Arizona Legislative Session. We’ll continue to monitor what’s happening for you!