For most, purchasing a home will be the biggest investment of their life. The schools, the commute and the proximity to family and friends are just a few of the factors to consider when searching for that perfect neighborhood. The Arizona Association of REALTORS® (AAR) understands that choosing a home in a planned community or one governed by a Homeowners’ Association (HOA) also factors into the decision to purchase.

As the only association that represents REALTORS® and Arizona homeowners at the state legislature, AAR has for many years actively pursued fair and comprehensive reforms to state statutes that govern HOAs. As your state REALTOR® association, we not only strive to protect your interests, but those of your clients. Let’s take a look back at some of the HOA reforms instituted on your behalf.

HB 2106: Homeowners’ Associations; Enforcement Grace Period

• Supported by Arizona REALTORS®
• Signed by the Governor

This bill modified the response period for a notice of violation from an HOA by stipulating that a condominium unit owner or planned community member has 21 calendar days to provide the HOA with a written response to a notice of violation, rather than 10 business days.

HB 2172: Planned Communities; Architectural Designs; Approval

• Monitored by Arizona REALTORS®
• Signed by the Governor

This bill stipulates that approval of a construction project’s architectural designs, plans and amendments may not be unreasonably withheld by the planned communities’ design review committee, architectural committee or any committee that performs a similar function.

SB 1496: Homeowners’ Associations; Director Removal

• Monitored by Arizona REALTORS®
• Signed by the Governor

This bill establishes that upon removal of a majority of the members of a condominium or HOA board of directors, the HOA is required to hold an election for the replacement of the removed directors at a separate meeting of the members, which must be held no later than 30 days after the day of the meeting at which the directors were removed. A director who is removed is ineligible to serve on the board again until after the expiration of the director’s term, unless the HOA documents specifically provide for a longer period of time.

SB 1091: Homeowners’ Associations; Removal; Special Meetings

• Monitored by Arizona REALTORS®
• Signed by the Governor

This bill specifies that for purposes of an HOA vote to remove a member from the board of directors, quorum and vote counts are based on the members eligible to vote.

HB 2477: Homeowners’ Associations; Transfer Fees Exemption

• Supported by Arizona REALTORS®
• Signed by the Governor

This bill prohibits homeowners and condominium associations from charging a fee for a transfer of property for a conveyance by recorded deed that is exempt from transfer affidavit and fee requirements for no consideration or nominal consideration between specified family members or between specified related business entities.

SB 1482: Homeowners’ Associations Amendments; Omnibus

• Supported by Arizona REALTORS®
• Signed by the Governor

This bill repealed and reinstated various changes made by Laws 2013, Chapter 254, including:
(i) prohibiting municipal planning agencies and county planning and zoning commissions from requiring a subdivider or developer to establish a homeowner’s association as part of a subdivision regulation or zoning ordinance;
(ii) allowing homeowners and condo association members to use the member’s property as a rental property unless prohibited in the declaration;
(iii) prohibiting condominium associations from prohibiting the indoor or outdoor display of a “political sign” (defined) by a unit owner on the owner’s property, except earlier than 71 days before election day and later than 3 days after election day.

This bill also added HOAs and condo associations to the list of entities authorized to bring an action in superior court against a property owner to abate and prevent criminal activity at a residential property.

SB 1278: Homeowners’ Associations; Public Roadways

• Monitored by Arizona REALTORS®
• Signed by the Governor

This bill established that after the period of declarant control, an HOA has no authority over, and is prohibited from regulating, any roadway owned or held by a governmental entity. The bill applies only to planned communities for which the declaration is recorded after December 31, 2014.