The 55th Arizona Legislative-Second Regular Session kicked off, Monday, January 10, 2022.
With 100 days in regular session, AAM will track bills pertinent to our industry and keep you informed, posting updates on our website regularly and sending weekly email blasts.
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
In any planned community that allows grass on a member’s property, a homeowner’s association (HOA) cannot prohibit installing or using artificial grass on any member’s property. An HOA is allowed to adopt reasonable rules regarding the installation and appearance of artificial grass if those rules do not prevent installing or using the artificial grass. The court is required to award reasonable attorney fees and costs to any party that prevails in an action against the HOA for a violation of this legislation.
Status: TBD
FIRST RESPONDER FLAGS; HOMEOWNERS’ ASSOCIATIONS
Condominium associations and homeowners’ associations cannot prohibit the display of a “first responder flag” (defined).
Status: 1/11 – Referred to House Government Elect
RESIDENTIAL PICKETING; OFFENSE
A person commits residential picketing, a class 3 (lowest) misdemeanor, if the person intentionally engages in picketing or otherwise demonstrates near the residence of an individual if the actions are such that a reasonable person would find the acts harassing, annoying, or alarming.
Status: TBD
VACATION RENTALS; SHORT-TERM RENTALS; REPEAL
Repeals statute that prohibits municipalities and counties from prohibiting vacation rentals or short-term rentals and that restricts the types of regulations that municipalities and counties may impose on vacation rentals or short-term rentals.
Status: TBD
HOMEOWNERS’ ASSOCIATIONS; MILITARY FLAGS
Homeowners’ associations and condo associations cannot prohibit the outdoor display of the flag of any branch of the U.S. military.
Status: TBD
HOMEOWNERS’ ASSOCIATIONS; POLITICAL; COMMUNITY ACTIVITY
Condominium associations and planned community associations cannot prohibit or unreasonably restrict a unit owner or member’s ability to peacefully assemble and use private or common elements of the community if done in compliance with reasonable restrictions for the use of that property adopted by the board of directors. An individual unit owner or member or a group of unit owners or members are permitted to organize to discuss or address association business, including board elections or recalls, potential or actual ballot issues or revisions to the community documents, property maintenance or safety issues or any other association business or actions. A unit owner or member is allowed to invite a political candidate or other non-unit owner guest to speak to an assembly of unit owners or members. For the purpose of the prohibition on condominium associations and planned community associations prohibiting the display of a political sign, the definition of “political sign” is expanded to include a sign regarding any activity to elect or remove association directors or in support of or opposition to a measure that requires a vote of the association membership.
Status: TBD
VACATION RENTALS; SHORT-TERM RENTALS; ENFORCEMENT.
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 maintain liability insurance appropriate to cover the rental in the aggregate of at least $500,000 or to advertise and offer each vacation rental or short-term rental through a hosting platform that provides equal or greater coverage. Counties and municipalities are authorized to impose civil penalties against an owner of a vacation rental or short-term rental for “verified violations” (defined) of specified provisions. Modifies civil penalties for online lodging operators that fail to comply with applicable transaction privilege tax requirements. After notice and a hearing, the Department of Revenue is authorized to suspend for a period of 12 months the transaction privilege tax license of the owner of a vacation rental or short-term rental that has three verified violations within the same 12-month period.
Status: TBD
VACATION RENTALS; SHORT-TERM RENTALS; REPEAL
Repeals statute that prohibits municipalities and counties from prohibiting vacation rentals or short-term rentals and that restricts the types of regulations that municipalities and counties may impose on vacation rentals or short-term rentals.
Status: 1/10 – Referred to Senate Committee
HOMEOWNERS’ ASSOCIATIONS; SOLAR, WATER DEVICES
A homeowners’ association cannot prohibit the installation of a water saving device or indoor or outdoor water conservation practice. A homeowners’ association is authorized to adopt reasonable rules regarding the placement of a solar energy device or water saving device or the use of a water conservation practice if those rules do not prevent the installation of the device or impair the functioning of the device. The association is required to provide written notice to members of any such rules adopted.
Status: 1/10 – Referred to Senate Government
VACATION RENTALS; SHORT-TERM RENTALS; ENFORCEMENT
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 maintain liability insurance appropriate to cover the rental in the aggregate of at least $500,000 or to advertise and offer each vacation rental or short-term rental through a hosting platform that provides equal or greater coverage. Counties and municipalities are authorized to impose civil penalties against an owner of a vacation rental or short-term rental for “verified violations” (defined) of specified provisions. Modifies civil penalties for online lodging operators that fail to comply with applicable transaction privilege tax requirements. After notice and a hearing, the Department of Revenue is authorized to suspend for a period of 12 months the transaction privilege tax license of the owner of a vacation rental or short-term rental that has three verified violations within the same 12-month period.
Status: 1/13 – Referred to Senate Committee