2022 Arizona Legislative Session – HOA Bills

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

 

HOA Priority Bills:

 

House Bill 2131

HOAS; ARTIFICIAL GRASS BAN PROHIBITED

Status: 1/19 Referred to House Government & Elections Committee

 

House Bill 2275

CONDOMINIUM TERMINATION; UNIT OWNERS; PERCENTAGE

Status: 2/2 From House Commerce Committee do pass

 

Senate Bill 1220

PROPERTY; FIREARMS CLAUSES; AGREEMENTS; PROHIBITION

Status: 1/19 – Referred to Senate Commerce Committee

 

House Bill 2010

FIRST RESPONDER FLAGS; HOMEOWNERS’ ASSOCIATIONS

Status: 2/3 – House Committee of the Whole approved. Passed House 39-20; ready for Senate

 

House Bill 2016

RESIDENTIAL PICKETING; OFFENSE

Status: TBD

 

House Bill 2069

VACATION RENTALS; SHORT-TERM RENTALS; REPEAL

Status: TBD

 

House Bill 2149

HOMEOWNERS’ ASSOCIATIONS; MILITARY FLAGS

Status: TBD

 

House Bill 2158

HOMEOWNERS’ ASSOCIATIONS; POLITICAL; COMMUNITY ACTIVITY

Status: 1/26 – From House Government & Elections Committee with amend #4018.

 

House Bill 2234

VACATION RENTALS; SHORT-TERM RENTALS; ENFORCEMENT.

Status: 1/24 – Referred to House Commerce Committee

 

House Bill 2297

JUDGMENTS; LIENS; HOMESTEAD EXEMPTION

Status: TBD

 

House Bill 2625

VACATION RENTALS; SHORT-TERM RENTALS; REGULATIONS

The list of purposes for which counties and municipalities are permitted to regulate vacation rentals and short-term rentals is expanded to include requiring the owner to provide contact information for the owner or the owner’s designee to all property owners within 300 feet of the vacation rental or short-term rental property, requiring the owner to display a sign attached to the property near the front door that contains a local 24-hour emergency contact number, and requiring the owner to obtain and maintain a local regulatory permit or license before offering the property for rent.

Status: 1/31 Referred to House Commerce Committee

 

House Bill 2629

PROPERTY TAX LIENS; EXPIRATION DATES

Modifies the deadlines for the county treasurer to notify the purchaser of the upcoming expiration or the expiration of a purchased property tax lien.

Status: 1/31 Referred to House Ways & Means Committee

 

House Concurrent Resolution 2006

SHORT-TERM RENTALS; VACATION RENTALS

Status: TBD

 

Senate Bill 1026

VACATION RENTALS; SHORT-TERM RENTALS; REPEAL

Status: 1/10 – Referred to Senate Commerce Committee

 

Senate Bill 1102

HOMEOWNERS’ ASSOCIATIONS; SOLAR, WATER DEVICES

Status: 1/10 – Referred to Senate Government Committee

 

Senate Bill 1168

VACATION RENTALS; SHORT-TERM RENTALS; ENFORCEMENT

Status: 1/13 – Referred to Senate Commerce Committee

 

Senate Bill 1249

HOMEOWNERS’ ASSOCIATIONS; UNIFORMED SERVICES FLAG

Status: 2/1 – Senate Government Committee do pass

 

Senate Bill 1505

RESIDENCES; MOBILE HOMES; PROHIBITED DISCLOSURES

A landlord that owns five or more dwelling units and a landlord that owns a mobile home park is prohibited from inquiring about, considering or requiring disclosure of the criminal history record of an applicant for tenancy during the leasing process except after the applicant has received a conditional offer on tenancy and the disclosure is only for the period of the seven most recent consecutive years preceding the date that that conditional offer of tenancy is made. Some exceptions. If the applicant for tenancy discloses a crime, the landlord is required to provide the applicant a reasonable opportunity to present evidence of rehabilitation or other mitigating factors regarding the conviction, and to consider the evidence of rehabilitation in making decisions regarding the tenancy. The landlord is prohibited from retaliating against the applicant or any other tenant for making a complaint against the landlord for noncompliance with these requirements. A landlord who fails to comply is liable to the applicant or tenant under statute governing an unlawful ouster, and an applicant is deemed to be a tenant for that purpose and may file an action for unlawful ouster and damages.

Status: 1/31 – Referred to Senate Commerce Committee

 

Senate Bill 1524

ONLINE HOME SHARING; REPEAL

Repeals statutes prohibiting municipalities and counties from prohibiting vacation rentals or short-term rentals and limiting the restrictions that municipalities and counties may place on those rentals to a list of specified purposes. Repeals the online lodging marketplace transaction privilege tax classification, and the requirement for online lodging marketplaces to register with the Department of Revenue for payment of transaction privilege taxes on online lodging transactions. Repeals the requirement for online lodging operators to have a current transaction privilege tax license and related civil penalties for noncompliance. Repeals the Joint Legislative Study Committee on Transient Lodging.

Status: 1/31 – Referred to Senate Commerce Committee

 

Senate Concurrent Resolution 1038

SHORT-TERM RENTALS; VACATION RENTALS

The 2022 general election ballot is to carry the question of whether to amend state statute to repeal statutes prohibiting municipalities and counties from prohibiting vacation rentals or short-term rentals and limiting the restrictions that municipalities and counties may place on those rentals to a list of specified purposes. Land use laws that regulate a vacation rental or short-term rental are excluded from statute entitling a property owner to just compensation if existing rights to use private real property are reduced by the enactment of any land use law enacted after the date the property is transferred to the owner and the action reduces the fair market value of the property.

Status: 1/27 – Referred to Senate Commerce Committee