In the 2011 Arizona legislative session, the following new HOA laws were enacted. These new HOA laws are effective July 20, 2011.
Homeowners May Use Video Cameras or Voice Recorders at Meetings
At Homeowners Association (HOA) meetings an attendee may use audio or video recording devices. The Board of Directors of the HOA may adopt reasonable governing rules for the use of these devices. See A.R.S. §§ 33-1248(A), -1804(A); HB2245.
No Fees For Sale or Lease Signs
HOAs may not charge a fee for the use or placement of indoor or outdoor For Rent, Sale or Lease signs, as long as the signs are no more than eighteen by twenty-four inches. See A.R.S. §§ 33-1261(C), -1808(F); HB 2609.
Homeowners May Display Political Signs
HOAs may not prohibit the display of political signs between seventy-one days before and three days after an election, if the signs do not aggregately exceed nine square feet of the member's property. A.R.S. § 33-1808(C); HB 2609.
New Forum for Resolving HOA Disputes
Either HOAs or homeowners may file disputes in the Arizona Office of Administrative Hearings, and have the dispute resolved by an Administrative Law Judge. See A.R.S. § 44-2141; SB 1148.
New Limits on HOA Document Fees
HOAs may charge a homeowner no more than $400 in compensation for the preparation of documents for the purpose of resale disclosure. A.R.S. § 33-1260(C). These fees are to be collected no earlier than the close of escrow and may only be charged once to a homeowner for a transaction. A.R.S. § 33-1260(D); SB 1149.
HOA May Not Prohibit Members From Flying the Gadsden Flag
Gadsden flag added as a flag HOAs may not prohibit, in addition to other national and state related flags. HOAs may limit a member from displaying more than two flags at once and may limit the height of the flagpole to no more than the height of the rooftop. A.R.S. § 33-1808; SB 1326.
HOA May Not Prohibit Grassroots Politics
HOAs may not prohibit door to door political activity including solicitations of support or opposition regarding candidates or ballot issues, but it may:
1. Restrict/Prohibit door to door political activity from sunset to sunrise; or 2. Require the prominent display of identification for persons engaged in the activity and the candidate or ballot issue(s) that is the subject of support or opposition. A.R.S. § 33-1261(D); SB 1540.
If you would like more information regarding HOA issues, deficiency lawsuits, short sales, loan modifications, bankruptcy or other real estate related issues, please call our office at 602.957.9810 and arrange for an initial consultation with one of our attorneys.
Chris Combs Certified Real Estate Specialist Combs Law Group, P.C.