Arizona Legislative Session: Planned Community & Condominium Association Issues

Friday Update, February 17, 19 Bills

Scott Carpenter — Fri, 17 Feb 2012 14:30:00 +0000

As of Friday February 17, 2012, 19 bills have been introduced at the Arizona Legislature, 1 has passed to the other chamber and 14 have received a "do pass" recommendation from an assigned committee. The bills are listed with the greatest "movement" first:

Bill	Topic	Status
Municipal Requirement to Create Planned Community	SB1239 Introduced Version	Passed the Senate by a vote of 28-1. Transmitted to the House for action.
Authority over Public Roadways (planned communities)	SB1113 Introduced Version SB1113 Senate Floor Amendment	Received a “do pass” recommendation from the Senate Veterans, Military and Government Affairs committee, 4-3
Ombudsman	SB1222 Introduced Version SB1222 Government Committee Amendment	Received a “do pass” recommendation from the Senate Government Reform Committee, 5-2
Penalties for Selective Enforcement	SB1240 Introduced Version	Received a “do pass” recommendation from the Senate Government Reform Committee, 5-2
Election Procedures	HB2160 Introduced Version	Received a “do pass” recommendation from the House Government Committee, 7-1
Escrow Agents	HB2170 Introduced Version HB2170 Banking Committee Amendment	Received a “do pass” recommendation from the House Banking and Insurance Committee, 6-0
Rentals	HB2513 Introduced Version	Received a “do pass” recommendation from the House Government Committee, 8-0
Conflicting Enactments	HB2471 Introduced Version	Received a “do pass” recommendation from the House Government Committee, 6-1
Leash Laws	SB1065 Introduced Version SB1065 Government Reform Amendment	Received a “do pass” recommendation with “Strike Everything” Amendment from the Senate Government Reform Committee, 4-2
Authority over Public Roadways (planned communities)	HB2030 Introduced Version HB2030 House Government Committee Amendment	Received a “do pass” recommendation from the House Government Committee with the Committee Amendment, 5-2
Construction Approval and Review	SB1476 Introduced Version	Received a “do pass” recommendation from the Senate Government Reform Committee, 6-0
Process Servers	HB2341 Introduced Version	Received a “do pass” recommendation from the House Judiciary Committee & House Military Affairs and Public Safety, 5-2
Attorneys’ Fees Liability	SB1468 Introduced Version	Received a “do pass” recommendation from the Senate Government Reform Committee, 4-3
Association Lien	SB1469 Introduced Version	Received a “do pass” recommendation from the Senate Government Reform Committee, 5-2
Registry of HOAs	HB2764 Introduced Version	Received a “do pass” recommendation from the House Government Committee, 7-0
Dispute Resolution/Taping	HB2290 Introduced Version	Assigned to House Government Committee
Firearms in Planned Communities	HB2095 Introduced Version	Assigned to House Government Committee
Maintenance of Foreclosed Properties	HB2136 Introduced Version	Assigned to House Banking and Insurance Committee & House Government Committee
Enforcement/Indemnification	HB2455 Introduced Version	Assigned to House Government Committee

HB2764 - Registry of condominiums and planned communities

Scott Carpenter — Thu, 16 Feb 2012 17:10:07 +0000

HB2764 has received a "do pass" recommendation from the House Government Committee, 7-0. HB2764 would require the Secretary of State to maintain an online registry of all condominium and planned community associations in Arizona. Condominium and Planned Community associations would be required to register starting January 1, 2013. Click here to view HB2764: HB2764 Introduced Version.

SB1469 - Association Lien Passed Out of Committee

Scott Carpenter — Thu, 16 Feb 2012 17:08:27 +0000

SB1469 has received a "do pass" recommendation from the Senate Governmetn Reform Committee, 5-2. If passed, SB1469 would restrict condominium and planned community liens to be effective “only on conveyance of any interest in the real property.” So the new owner of the property takes ownership of the property with the lien burdening the property. What about the three year period to foreclose the lien ARS 33-1256 (F) and ARS 33-1807 (F)? Conceptually this bill makes no sense. Click here to view SB1469: SB1469 Introduced Version. This bill could be titled the “Owners Don’t Have to Pay Their Assessments” Act!

SB1468 - Board member responsibility for attorneys' fees (the make sure no one serves on the Board bill)

Scott Carpenter — Thu, 16 Feb 2012 17:03:06 +0000

SB1468 Introduced Version received a "do pass" recommendation from the assigned Senate committee. SB1468 is an attempt to force the individual board members to reimburse the attorneys’ fees and costs of the association in a case where an owner “substantially prevails” in an enforcement lawsuit against the condominium or planned community association. Instead of being required to pay the attorneys’ fees to the owner, the directors are “personally liable” to reimburse the association for any attorneys’ fees the association had to pay for the association's attorney. This bill, if enacted, would make it impossible for a condominium or planned community association to find volunteer board members. Who in their right mind would volunteer for service on the board of directors if this risk exists? This is the “Make Sure No One Every Volunteers to Serve on Their Board” act!

HB2341 - Process Servers in Gated Communities

Scott Carpenter — Thu, 16 Feb 2012 16:55:44 +0000

HB2341 Introduced Version, the bill that, if passed, would prohibit gated communities from excluding process servers serving civil process, has been given a "do pass" recommendation from the House Military Affairs and Public Safety Committee.

SB1239 - Municipal Requirement to Create Planned Community

Scott Carpenter — Thu, 16 Feb 2012 16:50:31 +0000

SB1239 Introduced Version has passed the Senate 28-1 and now moves to the House of Representatives. The bill, if enacted, would prohibit municipalities from requiring developers to create a mandatory membership planned community as part of the development approval process.

SB1113 - Roadways, Exception for Unincorporated Areas

Scott Carpenter — Thu, 16 Feb 2012 16:46:45 +0000

The Senate has adopted Senator Barto's proposed a Senate Floor amendment to SB1113 Introduced Version. The floor amendment would create an exception for any planned community association in an unincorporated area of a county. To see the floor amendment click here: SB1113 Senate Floor Amendment.

Friday Update - 19 Bills, 11 Passed Out of Committee

Scott Carpenter — Thu, 09 Feb 2012 18:21:19 +0000

As of Friday February 10, 2012, 19 bills have been introduced at the Arizona Legislature, 11 of which have received a "do pass" recommendation from an assigned committee. The bills that have already received a positive committee recommendation appear first in the list:

Bill	Topic	Status
Authority over Public Roadways (planned communities)	SB1113 Introduced Version	Received a “do pass” recommendation from the Senate Veterans, Military and Government Affairs committee, 4-3
Ombudsman	SB1222 Introduced Version SB1222 Government Committee Amendment	Received a “do pass” recommendation from the Senate Government Reform Committee with the Government Committee Amendment, 5-2
Municipal Requirement to Create Planned Community	SB1239 Introduced Version	Received a “do pass” recommendation from the Senate Government Reform Committee, 7-0
Penalties for Selective Enforcement	SB1240 Introduced Version	Received a “do pass” recommendation from the Senate Government Reform Committee, 5-2
Election Procedures	HB2160 Introduced Version	Received a “do pass” recommendation from the House Government Committee, 7-1
Escrow Agents	HB2170 Introduced Version	Received a “do pass” recommendation from the House Banking and Insurance Committee, 6-0
Rentals	HB2513 Introduced Version	Received a “do pass” recommendation from the House Government Committee, 8-0
Conflicting Enactments	HB2471 Introduced Version	Received a “do pass” recommendation from the House Government Committee, 6-1
Leash Laws	SB1065 Introduced Version SB1065 Government Reform Amendment	Received a “do pass” recommendation with “Strike Everything” Amendment from the Senate Government Reform Committee, 4-2
Authority over Public Roadways (planned communities)	HB2030 Introduced Version HB2030 House Government Committee Amendment	Received a “do pass” recommendation from the House Government Committee with the Committee Amendment, 5-2
Construction Approval and Review	SB1476 Introduced Version	Received a “do pass” recommendation from the Senate Government Reform Committee, 6-0
Process Servers	HB2341 Introduced Version	Assigned to House Judiciary Committee & House Military Affairs and Public Safety
Dispute Resolution/Taping	HB2290 Introduced Version	Assigned to House Government Committee
Firearms in Planned Communities	HB2095 Introduced Version	Assigned to House Government Committee
Maintenance of Foreclosed Properties	HB2136 Introduced Version	Assigned to House Banking and Insurance Committee & House Government Committee
Enforcement/Indemnification	HB2455 Introduced Version	Assigned to House Government Committee
Attorneys’ Fees Liability	SB1468 Introduced Version	Assigned to the Senate Government Reform Committee
Association Lien	SB1469 Introduced Version	Assigned to the Senate Government Reform Committee
Registry of HOAs	HB2764 Introduced Version	Assigned to the House Government Committee

HB2764 - Online Registration of Associations

Scott Carpenter — Wed, 08 Feb 2012 22:05:00 +0000

HB2764 has been introduced to require the Secretary of State to maintain an online registry of all condominium and planned community associations in Arizona. Condominium and Planned Community associations would be required to register starting January 1, 2013. Click here to view HB2764: HB2764 Introduced Version.

SB1476 - Architectural Review Passed Out of Committee

Scott Carpenter — Wed, 08 Feb 2012 21:59:02 +0000

SB1476 received a 6-0 “do pass” recommendation from the Senate Government Reform Committee in its “introduced’ form. SB1476 would impose complex rules regarding architectural approval processes and procedures. Click here to view SB1476: SB1476 Introduced Version.