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Upcoming Legislative Session

By Scott Carpenter

January 01, 2013

Now that 2012 has come to an end, we are anticipating a legislative session starting on January 14, 2013. Although we do not yet know what bills will be introduced regarding community associations, if previous years are a guide, it will be full of attempts to impose new regulations on condominiums and planned communities. Mark your calendars to join me for a Legislative Preview webcast on January 22, 2013 at 2 pm at www.carpenterhazlewood.com/live. No usernames or passwords required! Read More


Legislative Session

By Scott Carpenter

January 14, 2013

The Legislative session begins today! As of the opening, no bills have been introduced regarding condominiums or planned communities. Stay tuned here for updates and information on bills that are introduced. Read More


Upcoming Legislative Session

By Scott Carpenter

January 08, 2013

Now that 2012 has come to an end, we are anticipating a legislative session starting on January 14, 2013. Although we do not yet know what bills will be introduced regarding community associations, if previous years are a guide, it will be full of attempts to impose new regulations on condominiums and planned communities. Mark your calendars to join me for a Legislative Preview webcast on January 22, 2013 at 2 pm at www.carpenterhazlewood.com/live. No usernames or passwords required! Read More


Process Servers in Gated Condominiums or Planned Communities

By Scott Carpenter

January 15, 2013

Senate Bill 1055 has been introduced by Senators Murphy and Pancrazi. If passed, SB1055 would prohibit condominium and planned communities from interfering with a duly appointed or certified process server. The introduced language states, “In attempting to serve or while serving process, a duly appointed or certified process server is authorized and privileged to: 1. Enter and remain lawfully on real property. 2. Enter unannounced and remain lawfully in a planned community or condominium association that is guarded or gated.”   Although the bill will initially attract the attention of communities that have access control gates, all condominiums and planned communities should pause and consider whether a law that interferes with the private property rights of associations is problematic for all communities. Read More


Resale And Disclosure Fee Increase Cap

By Scott Carpenter

January 15, 2013

House Bill 2092 has been introduced by Representative Brophy McGee. If passed, HB2092 would permit condominium and planned communities to increase the amount charged to compensate the association for the costs incurred in the preparation of a statement or other documents furnished by the association for purposes of resale disclosure, lien estoppel and any other services related to the transfer or use of the property (current statutory cap of $400 plus $100 for a rush and $50 for an update). If passed, Beginning with the fee in effect on January 1, 2013, the association CAN not increase the fee more than three per cent each year. It is not clear whether “the fee” refers only to the $400 fee, or if “the fee” refers to each of the $400 fee, the $100 rush and the $50 update fee. Read More


Email Voting and Declarant on the Board

By Scott Carpenter

January 17, 2013

HB2135 has been introduced by Representative Lovas. If enacted, HB2135 would require condominiums and planned communities to “provide for voting by use of electronic mail and by use of facsimile delivery…” Requiring all condominiums and planned communities to be set up for email and fax voting would be burdensome to some small volunteer-managed associations. But generally, providing for more ways to participate is good. HB2135 also has proposed statutory language that would limit the “Declarant, including any of its affiliates, officers and employees”, after the period of Declarant control, from holding more than one seat on the Board of Directors. As drafted, however, this would prohibit an employee of a developer who purchased a home in a community from running for the Board if there is already another “Declarant affiliated” member of the Board. This portion, if enacted, will have unintended consequences. Read More


Master Association Dues

By Scott Carpenter

January 22, 2013

HB2460 has been introduced by Representative Gowan. If enacted, it would permit members of an “age-restricted” community to avoid paying a “master association” (a term not defined in the bill or otherwise in statute), if several conditions are met. The bill appears to be drafted to address a specific situation. Read More


HOA Registry

By Scott Carpenter

January 22, 2013

HB2274 has been introduced by Representatives Forese, Brophy McGee, Dial and Thorpe. If enacted, the bill would require all condominiums and planned communities to register with the Secretary of State beginning January 1, 2015 with the same and additional information currently required to be recorded with the County Recorder. The bill contemplates a process whereby an Arizona nonprofit corporation can contract with the Secretary of State to provide the registry service and charge a fee to associations to register as required by the bill. Read More


Landlord / Tenant Information & Registration

By Scott Carpenter

January 22, 2013

HB2337 has been introduced by Representatives Petersen, Stevens, Boyer, Farnsworth and Livingston. If enacted, HB2337 would permit use of a home or unit as a “rental” property “unless prohibited in the CC&Rs. It would also permit a unit owner to designate a third party to deal with the Association on the owner’s issues with the Association (there is no restriction on who this might be). It is not clear whether this includes voting at annual meetings or at election of directors. HB2337 would permit the Association to charge up to $25 for an administrative fee per tenant for the work the Association must do to deal with the tenant. A similar bill passed both houses of the Legislative in 2012 but was vetoed by Governor Brewer. Read More


Prohibition On Requirement Of Community Association

By Scott Carpenter

January 22, 2013

HB2474 has been introduced by Representatives Townsend, Orr, Stevens, Borrelli, Boyer and Petersen. If enacted, it would prohibit cities from requiring that a developer form a planned community (mandatory membership, mandatory dues, etc.) unless the project includes “special features” defined as a golf course, one or more lakes, a swimming pool with an area of more than 1,200 square feet, a clubhouse or other building that is more than 2,500 square feet in size, an orchard or other agricultural feature covering at least two acres, an equestrian area or facility, a landing strip or runway, a commercial property, a public or private school, or one or more churches. Missing from the list is “common area” requiring landscape maintenance or that creates potential for liability for the property owner (such as a “slip and fall” on association green belts or playground equipment). Read More


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