In this session, there are a couple of bills currently on our radar that may directly impact Arizona HOAs.
HOA Priority Bills:
HOAS; ARTIFICIAL GRASS BAN PROHIBITED
Status: 1/19 Referred to House Government & Elections Committee
CONDOMINIUM TERMINATION; UNIT OWNERS; PERCENTAGE
Status: 2/2 From House Commerce Committee do pass
PROPERTY; FIREARMS CLAUSES; AGREEMENTS; PROHIBITION
Status: 1/19 – Referred to Senate Commerce Committee
FIRST RESPONDER FLAGS; HOMEOWNERS’ ASSOCIATIONS
Status: 2/3 – House Committee of the Whole approved. Passed House 39-20; ready for Senate
RESIDENTIAL PICKETING; OFFENSE
Status: TBD
VACATION RENTALS; SHORT-TERM RENTALS; REPEAL
Status: TBD
HOMEOWNERS’ ASSOCIATIONS; MILITARY FLAGS
Status: TBD
HOMEOWNERS’ ASSOCIATIONS; POLITICAL; COMMUNITY ACTIVITY
Status: 1/26 – From House Government & Elections Committee with amend #4018.
VACATION RENTALS; SHORT-TERM RENTALS; ENFORCEMENT.
Status: 1/24 – Referred to House Commerce Committee
JUDGMENTS; LIENS; HOMESTEAD EXEMPTION
Status: TBD
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
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
VACATION RENTALS; SHORT-TERM RENTALS; REPEAL
Status: 1/10 – Referred to Senate Commerce Committee
HOMEOWNERS’ ASSOCIATIONS; SOLAR, WATER DEVICES
Status: 1/10 – Referred to Senate Government Committee
VACATION RENTALS; SHORT-TERM RENTALS; ENFORCEMENT
Status: 1/13 – Referred to Senate Commerce Committee
HOMEOWNERS’ ASSOCIATIONS; UNIFORMED SERVICES FLAG
Status: 2/1 – Senate Government Committee do pass
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
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