This session, there a couple of bills currently on our radar that may directly impact Arizona HOAs.
HOA Priority Bills:
HOMEOWNERS’ ASSOCIATIONS; FIRST RESPONDER FLAGS
Status: 2/11 – Passed House 35-24; ready for Senate
HOMEOWNERS’ ASSOCIATIONS: POLITICAL; COMMUNITY ACTIVITY
Status: 2/4 – House COW approved. Passed House
59-0; ready for Senate.
SHORT-TERM RENTALS; ENFORCEMENT; PENALTIES
Modifies the list of regulations that counties and municipalities are authorized to impose on vacation rentals or short-terms rentals to include requiring the owner of a vacation rental or short-term rental to license or register with the county or municipality, and restricting the occupancy of a vacation rental or short-term rental to the lesser of the occupancy limit of the county or municipality or 2 adults per bedroom plus 2 additional adults. Vacation rentals and short-term rentals cannot advertise to exceed the occupancy limit of the dwelling or for any nonresidential use. Counties and municipalities are authorized to impose a civil penalty for each day a property is in violation of this advertisement prohibition. An online lodging operator that falsifies information to an online lodging marketplace is guilty of a petty offense. A county or municipality cannot prohibit the operation of a vacation rental or short-term rental based solely on its status as a vacation rental or short-term rental if the owner of the vacation rental or short-term rental, as of May 1, 2021, has a valid transaction privilege tax license, and as of June 2, 2021, has provided the owner’s or the owner’s designee’s contact information to the county or municipality in which the vacation rental or short-term rental is located, if required by ordinance.
Status: 2/11 – From House gov-elect with amend #4195.
HOMEOWNERS’ ASSOCIATIONS; DECLARATION AMENDMENT; MAJORITY
Status: 1/28 – Referred to House gov-elect
ANTENNA USE; PRIVATE PROPERTY
Status: 2/1 – Referred to House committee
RESIDENTIAL PICKETING; OFFENSE
Status: 2/2 – Referred to House Judicial committee
POLITICAL SIGNS; SIZE REQUIREMENTS
The maximum size of a political sign located in an area not zoned for residential use is decreased to an area of 24 square feet, from 32 square feet.
Status: 2/4 – Referred to House gov-elect
CIVIL LIABILITY; PUBLIC HEALTH PANDEMIC
If the Governor declares a state of emergency for a public health pandemic, a person or “provider” (defined) that acts in good faith to protect a person or the public from injury from the pandemic is not liable for damages in any civil action for any injury, death or loss to person or property that is based on a claim that the person or provider failed to protect the person or the public from the effects of the pandemic, unless it is proven by clear and convincing evidence that the person or provider failed to act or acted with willful misconduct or gross negligence. If the Governor declares a state of emergency for a public health pandemic, a health professional or health care institution that acts in good faith is not liable for damages in any civil action for an injury or death that is directly or indirectly sustained because of the health professional’s or health care institution’s action or omission while providing health care services in support of Arizona’s response to the state of emergency declared by the Governor, unless it is proven by clear and convincing evidence that the professional or institution failed to act or acted with willful misconduct or gross negligence. Some exceptions. Applies to all causes of action that are brought after the effective date of this legislation for an act or omission by a person or provider that occurred on or after March 11, 2020 and before December 30, 2022 and that relates to a public health pandemic that is the subject of the state of emergency declared by the Governor. Retroactive to March 11, 2020. Severability clause.
Status: 2/11 – Senate Judiciary amended; report awaited
HOMEOWNERS’ ASSOCIATIONS; DECLARATION; BYLAWS; AMENDMENTS
Status: 2/3 – Referred to Senate Government committee
POLITICAL SIGNS; CONDOMINIUMS; PLANNED COMMUNITIES .
Status: 2/3 – Referred to Senate Government committee
PROPERTY; FIREARMS CLAUSES; AGREEMENTS; PROHIBITION
Status: 2/3 – Referred to Senate Judicial committee