2021 Arizona Legislative Session – HOA Priority Bills
In this session, there a couple of bills currently on our radar that may directly impact Arizona HOAs.
HOA Priority Bills:
House Bill 2030
HOMEOWNERS’ ASSOCIATIONS; FIRST RESPONDER FLAGS
Status: 3/2 – From Senate government committee, do pass
House Bill 2052
HOMEOWNERS’ ASSOCIATIONS: POLITICAL; COMMUNITY ACTIVITY
Status: 3/2 – From Senate government committee, do pass
House Bill 2481
SHORT-TERM RENTALS; ENFORCEMENT; PENALTIES
Status: 2/11 – From House gov-elect with amend #4195.
House Bill 2711
ANTENNA USE; PRIVATE PROPERTY
Status: 3/3 – Passed House 31-28, ready for Senate. 3/4 – referred to Senate government committee
House Bill 2715
RESIDENTIAL PICKETING; OFFENSE
Status: 3/4 – Passed House 35-24, ready for Senate
Senate Bill 1377
CIVIL LIABILITY; PUBLIC HEALTH PANDEMIC
Status: 3/2 – Referred to House judiciary committee
Senate Bill 1722
POLITICAL SIGNS; CONDOMINIUMS; PLANNED COMMUNITIES.
Status: 3/3 – Passed Senate 30-0, ready for House.
Senate Bill 1379
VACATION RENTALS; SHORT-TERM RENTALS; ENFORCEMENT
Status: 3/1 – Senate COW approved with amend #4079 and floor amend #4611. 3/3 – Passed Senate 27-3; ready for House.
Dead Bills:
(please note that a “dead” status is subject to change)
House Bill 2781
POLITICAL SIGNS; SIZE REQUIREMENTS
Status: 2/4 – Referred to House gov-elect
Senate Bill 1644
HOMEOWNERS’ ASSOCIATIONS; DECLARATION; BYLAWS; AMENDMENTS
Status: 2/3 – Referred to Senate Government committee
Senate Bill 1785
PROPERTY; FIREARMS CLAUSES; AGREEMENTS; PROHIBITION
Status: 2/3 – Referred to Senate Judicial committee
House Bill 2619
HOMEOWNERS’ ASSOCIATIONS; DECLARATION AMENDMENT; MAJORITY
Status: 1/28 – Referred to House gov-elect
This session, there a couple of bills currently on our radar that may directly impact Arizona HOAs.
HOA Priority Bills:
House Bill 2030
HOMEOWNERS’ ASSOCIATIONS; FIRST RESPONDER FLAGS
Status: 2/4 – From House gov-elect with amend #4094.
House Bill 2052
HOMEOWNERS’ ASSOCIATIONS: POLITICAL; COMMUNITY ACTIVITY
Status: 2/4 – House COW approved. Passed House 59-0; ready for Senate.
House Bill 2619
HOMEOWNERS’ ASSOCIATIONS; DECLARATION AMENDMENT; MAJORITY
Status: 1/28 – Referred to House gov-elect
House Bill 2711
ANTENNA USE; PRIVATE PROPERTY
If an antenna is installed on property within the exclusive use or control of the antenna user, whether the user has a direct or indirect ownership or leasehold interest in the property, an “authority” (defined elsewhere in statute) is prohibited from unreasonably delaying or preventing installation, maintenance or use of the antenna, unreasonably increasing the cost of installation, maintenance or use of the antenna, and preventing reception of acceptable signal quality. Applies to antennas that are not larger than one meter in diameter and installed on private property.
Status: 2/1 – Referred to House committee
House Bill 2715
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: 2/2 – Referred to House Judicial committee
Senate Bill 1644
HOMEOWNERS’ ASSOCIATIONS; DECLARATION; BYLAWS; AMENDMENTS
A condo association declaration may be amended by a vote of the unit owners to which more than 50 percent of the votes are allocated, decreased from at least 67 percent of the votes. The declaration is no longer allowed to require a larger majority. A homeowners’ association declaration may be amended by an affirmative vote or written consent of a majority of the owners or eligible voters, instead of by the number of owners or eligible voters specified in the declaration. For a condo association or homeowners’ association, an amendment to the declaration of that takes any of a list of specified actions requires the approval of owners of 75 percent of all lots, or the declaration may provide otherwise. A vote to approve an amendment to the declaration may take place at a meeting or without a meeting. Establishes requirements for notice of a vote. More.
Status: 2/3 – Referred to Senate Government committee
Senate Bill 1722
POLITICAL SIGNS; CONDOMINIUMS; PLANNED COMMUNITIES
Modifies the time periods during which condominium associations and homeowners’ associations cannot prohibit the display of political signs.
Status: 2/3 – Referred to Senate Government committee
Senate Bill 1785
PROPERTY; FIREARMS CLAUSES; AGREEMENTS; PROHIBITION
Rental agreements are prohibited from providing that the tenant agrees not to carry, possess, transport or store on the premises a firearm, a part of a firearm or firearm ammunition that is authorized under state or federal law. Applies to the tenant, the tenant’s guest, the tenant’s dwelling and any parking area or other area open for use by the tenant. Condo associations and homeowners’ associations cannot prohibit an owner, member, tenant or guest from carrying, possessing, transporting or storing a firearm, a part of a firearm or firearm ammunition that is authorized under state or federal law in any dwelling, office, parking lot or common element.
Status: 2/3 – Referred to Senate Judicial committee
The 55th Arizona Legislative-First Regular Session kicked off, Monday, January 11, 2021.
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.
This session, there a couple of bills currently on our radar that may directly impact Arizona HOAs.
HOA Priority Bills:
House Bill 2030
HOMEOWNERS’ ASSOCIATIONS; FIRST RESPONDER FLAGS
Condominium associations and homeowners associations cannot prohibit the display of a flag that represents one or more categories of first responders
Status: 1/12 – Referred to House Government Elect.
House Bill 2052
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 to circulate or oppose petitions for actions in the association or in support of or opposition to association ballot measures or other questions.
Status: 1/20 – From House Government Elect., do pass
