HOA GOVERNING DOCUMENTS

Courtesy of:  Monroe, McDonough, Goldschmidt & Molla, PLLC

SB 1305: Semi-Public Swimmming Pool Barrier Gates [Adds A.R.S. §9-808]

[Amends A.R.S. §11-861] 

From and after December 31, 2014, a code or ordinance or part of a uniform code or ordinance that is adopted by a city or town applies to locking devices for pool barrier gates used for ingress or egress for semipublic swimming pools. Any new construction or major renovation of a semipublic swimming pool from and after December 31, 2014, must meet the requirements of the code or ordinance or part of the uniform code or ordinance that is adopted by the city or town. This law does not apply to a locking device for a pool barrier gate used for means of ingress or egress for a semipublic swimming pool that was installed before January 1, 2015, if the locking device meets the requirements prescribed in A.R.S. §36-1681(b)(3). 

Voting at Meetings and By Other Forms of Delivery

[Amends A.R.S. §33-1250 &  §33-1812]  

Applies to planned communities and condominiums. 

Applies after Declarant control period. Association must provide for voting in person at the meeting and by absentee ballot.  New law adds that association may also provide for voting by some other form of delivery, including the use of electronic mail and facsimile delivery. 

Rental Properties. [Adds A.R.S. §1260.01 & §33-1806.01] 

*Applies to planned communities and condominiums. 

Owner may rent his/her unit unless prohibited in Declaration of CC&Rs. 

Owner must abide by Declaration’s time period restrictions, if any. 

Owner may designate in writing a third party (e.g., residential property 

manager) to act as the owner’s agent with respect to all Association matters 

relating to the rental unit, including the official recipient of legal notices. 

The association is authorized to deal with the owner’s third party agent on all association matters. 

The association can require its receipt of ONLY the following information: 

(a) Tenant’s name. 

(b) Contact information for adult tenants. 

(c) Duration of lease. 

(d) Vehicle(s) description. 

(e) License plate(s). 

The association CANNOT require the landlord to produce any of the following: 

(a) Rental application. 

(b) Credit report. 

(c) Lease agreement. 

(d) Personal information (except for above-enumerated information). 

In an age-restricted community, the association can require the production of a government-issued identification document that bears a photograph and confirms that the tenant meets the age restriction requirements. 

The association or its management agent may charge a fee of not more than 

$25.00 to process the owner’s required disclosures for a new tenant. This fee 

does not apply to lease renewals. Neither the association nor its management agent can impose any fee or any other requirement on a rental unit that is different from those imposed on an owner-occupied unit. 

The association or its management agent cannot charge more than $15.00 as a penalty for incomplete or late information from a landlord/owner. 

WANT TO CHANGE THE EXTERIOR OF YOUR HOME?

PLEASE FIND YOUR COMMUNITY'S ARC FORM, PRINT AND FILL OUT THE FORM ATTACHED WITH \DOCUMENTS REQUESTED ON FORM. SEND TO YOUR HOA MANAGER FOR BOARD APPROVAL PRIOR TO ANY WORK. THANK YOU!