NEWS ARTICLES

We want to provide you with an update on the state of the legislative session in Arizona and the bills that we continue to monitor that could potentially impact community associations.

 

 
Pet Ownership Limitations (Previously Backyard Fowl Regulations) (SB 1582) 

SB 1582 was amended to remove the language that discussed association’s rights to regulate chickens in their community. It now states that associations would not be able to limit dogs or cats by breed, size or weight, even if your documents previously allowed for this. The bill does state that associations could adopt reasonable rules regarding the number or behavior of dogs or cats that are in line with federal, state or local laws. This bill passed in the House Committee of the Whole as amended.

 

SB 1246 adds new restrictions and procedural requirements around how associations handle liens, collections, and foreclosures. It increases the delinquency thresholds that allow a condominium association or planned community association to foreclose on a common expense lien to 18 months or $10,000, instead of one year or $1,200, and provides that for any special assessment with an initial value of $10,000 or more, only the 18-month delinquency threshold applies. This bill passed the House Committee readings and was placed on the House Caucus calendar.

 

HB 2342 would prevent associations from banning backyard shade structures and limit rules to be no more restrictive than local zoning standards. It would reduce HOA control over backyard features and increase enforcement risk. An amendment was added to change the bill language to say that associations can adopt reasonable rules surrounding structures as long as they don’t unreasonably affect the cost of the structure, instead of adversely affect the cost of the structure. This bill was placed on the House Caucus calendar.

 

HB 2397 would make it easier for homeowners to challenge and invalidate rules or covenants that conflict with public policy, increase disclosure requirements, limit disclosure fees, restrict spending on non-association property, and make it easier to challenge HOA rules. The bill aims to increase transparency requirements and compliance obligations for associations and management companies. This bill passed in the House and is being read in the Senate.

 

HB 4011 would add language requiring Associations to act reasonably and treat homeowners fairly when enforcing rules or making decisions. Associations would need to provide clear written explanations for violations, including what rule was broken and how the homeowner can dispute it. Before taking enforcement action, such as charging attorney fees, Associations must give homeowners the option to request an administrative hearing. The bill also emphasizes fair and responsible management of association operations and finances. This bill passed in the Senate and was transmitted back to the House.

 

SB 1184 would allow homeowners to display official U.S. military division flags and expand the types of flags HOAs cannot prohibit. This bill passed in the House.

 

SB 1290 was amended to prohibit boards from taking action in a closed (executive) session meeting. Executive sessions would be limited to discussion only, and any decisions or votes would need to be made in an open meeting. This bill passed the House as amended and has been transmitted back to the Senate.

 

SB 1808 would limit how much HOAs can restrict certain activities and displays by homeowners. Associations would not be allowed to ban specific flags (such as U.S., state, tribal, POW/MIA, Gadsden, and first responder flags), restrict political signs or door-to-door political activity, prohibit standard “for sale” or “for rent” signs, or block children-at-play signs. It also protects homeowners’ right to gather peacefully and allows children to play on low-speed residential streets. This bill passed in the House Committees.