2023 Arizona Legislative Session - SB1049 Signed

In this session, there are a couple of bills currently on our radar that may directly impact Arizona HOAs.

HOA Priority Bills:

CONDOMINIUMS; INSURANCE COVERAGE; CLAIMS

Condominium associations are required to maintain property insurance on the units. Each unit owner has the right to report a loss under the association’s property insurance policy. If the cause of damage to or destruction of any portion of a condominium originates from the common elements or an event outside of the units and common elements, the insurance deductible is a common expense for the association. If the cause originates from a unit, the owner of the unit is responsible for the deductible of up to $10,000.

Last Action: 4/6/2023 Senate – RETAINED Committee of the Whole

Click Here for Bill Overview

House Bill 2298

PLANNED COMMUNITY AUTHORITY; PUBLIC ROADWAYS

If a planned community regulates any public roadway, the planned community is required, by June 30, 2025, to hold a vote of the membership on the question of whether to continue to regulate public roadways. If a majority of a quorum of the membership of the community votes to continue regulating public roadways in the planned community, the planned community retains its authority to regulate those public roadways. If the vote fails or if the planned community does not hold a vote, the planned community no longer has authority to regulate the public roadways in the planned community and any existing regulations expire.

Last Action: 4/5/23 Senate – PASSED – Senate Third Reading – Transmit to House

Click Here for Bill Overview

House Bill 2301

HOMEOWNERS’ ASSOCIATIONS; POLITICAL ACTIVITY

Condominium associations and planned community associations cannot restrict a unit owner from conducting door-to-door political activity, and cannot prohibit a unit owner from circulating political petitions.

Last Action: 3/14/23 Senate – Senate Minority Caucus, Yes Vote

Click Here for Bill Overview

House Bill 2607

MEETINGS; HOMEOWNERS’ ASSOCIATIONS

The members of a homeowner’s association or the unit owners of a condo association are allowed to call a special meeting to remove a member of an association board.

Last Action: 4/6/2023 Senate – Do Pass with Amendment, Committee of the Whole

Click Here for Bill Overview

Senate Bill 1049

HOMEOWNERS’ ASSOCIATIONS; BETSY ROSS FLAG

Homeowners’ associations and condo associations cannot prohibit the outdoor display of any historic version of the American flag, including the “Betsy Ross flag” (defined), without regard to how the stars and stripes are arranged on the flag.

Last Action: 3/31/2023 – Signed by the Governor

Click Here for Bill Overview

Dead Bills

(Please note that a “dead” status is subject to change)

House Bill 2780

CONDOMINIUMS; TERMINATION; AGREEMENT

Click Here for Bill Overview

House Bill 2784

CONDOMINIUMS; UNIT SALES; TERMINATION

Click Here for Bill Overview

House Bill 2483

BACKYARD FOWL; REGULATION; PROHIBITION