The Arizona Legislature passed several laws pertaining to homeowners associations. They became effective on September 19, 2007. Here is a summary of the new legislation, which trumps any contrary provisions in an association’s documents. Children at Play/Cautionary Signs HB 2503 amends Arizona Revised Statutes (A.R.S.) § 33-1808 of the Planned Community Act. This law applies only to planned communities. Under this new law, an association may not prohibit children who reside in the community from engaging in recreational activity on residential roadways under the jurisdiction of the association and on which the posted speed limit is 25 miles per hour or less. The law does not define “children,” “reside” or “recreational activity.” There is also no exception for age-restricted communities. The new law also requires an association to allow the use of cautionary signs regarding children. The sign must meet five requirements, however. First, the sign must be displayed in a residential area. Second, the sign must be removed within one hour after the children have stopped playing. Third, the sign must be displayed only when children are actually present and within 50 feet of the sign. Fourth, the sign must not be taller than three feet. And fifth, the sign must be professionally manufactured or produced. Parking - Telecommunication Vehicles HB 2254 amends A.R.S. § 33-1809 of the Planned Community Act and applies only to planned communities. The current law allows some vehicles to be parked in streets or driveways regardless of association parking restrictions. Specifically, the law protects certain vehicles driven by an employee of a public service corporation or a municipal utility that is required to work on natural gas, electrical, or water infrastructure. The law also covers some vehicles driven by public safety employees. The new law expands the types of vehicles that are protected by statute to include those driven by telecommunications employees under the following limited circumstances. First, the vehicle is required to be available at designated periods at the person’s residence as a condition of the person’s employment. Second, the resident is employed by a public service corporation that is regulated by the corporation commission (such as Qwest) or a municipal utility. Third, the public service corporation or municipal utility is required to prepare for emergency deployments of personnel and equipment for repair or maintenance of telecommunications infrastructure. Fourth, the vehicle has a gross vehicle weight rating of 20,000 pounds or less, is owned or operated by the public service corporation or municipal utility, and bears an official emblem or other visible designation of that entity. The law defines “telecommunications” as the transmission of information of the user’s choosing between or among points specified by the user without change in the form or content of the information as sent and received. The definition specifically excludes commercial mobile radio services. For Sale Signs SB 1062 amends A.R.S. § 33-1261 (condominiums) and A.R.S. § 33-1808 (planned communities). This law thus applies to both condominium associations and planned communities, including those that are access-restricted. Under this new law, an association may not prohibit the indoor or outdoor display of a for sale sign and a sign rider by a unit owner on that owner’s property. This new law protects not only professional realtor signs but signs that indicate that the property is for sale by owner. The new law also states that the size of the sign and sign rider shall be in conformance with industry standards. The law defines industry standards as a sign that does not exceed 18 x 24 inches. Likewise, the sign rider shall not exceed 6 x 24 inches. Flag Display; Political Signs A.R.S. 33-1808. A. Notwithstanding any provision in the community documents, an association shall not prohibit the outdoor display of any of the following: 1. The American flag . . . B. The association shall adopt reasonable rules and regulations regarding the placement and manner of display of the American flag, the military flag, the POW/MIA flag, the Arizona state flag or an Arizona Indian nation's flag. The association rules may regulate the location and size of flagpoles but shall not prohibit the installation of a flagpole. C. Notwithstanding any provision in the community documents, an association shall not prohibit the indoor or outdoor display of a political sign by an association member on that member's property, except that an association may prohibit the display of political signs earlier than forty‑five days before the day of an election and later than seven days after an election day. An association may regulate the size and number of political signs that may be placed on a member's property if the association's regulation is no more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property. . . Commercial Signs SB 1254 adds A.R.S. § 33-1815 to the Planned Community Act. This law applies only to planned communities with properties zoned for commercial use. Under this law, after an association has approved a commercial sign (including its registered trademark) located on properties zoned for commercial use in the community, the association, including any subsequently elected board of directors, may not revoke or modify its approval if the sign’s owner or operator has received proper local or county governmental approval for the sign. Solar Energy Devices SB 1254 also adds A.R.S. § 33-1816 to the Planned Community Act. This law applies only to planned communities. This new law provides that an association cannot prohibit the installation or use of a solar energy device. An association may adopt reasonable rules regarding the placement of a solar energy device so long as those rules do not (1) prevent the installation of the device; (2) impair the functioning of the device; (3) restrict its use; or (4) adversely affect the cost or efficiency of the device. The new law also states that the court must award reasonable attorneys’ fees and costs to any party who substantially prevails in an action against the association’s board of directors for violating the law. The law does not define “substantially prevails.” By statute, “solar energy device” is defined as a system or series of mechanisms designed primarily to provide heating, to provide cooling, to produce electrical power, to produce mechanical power, to provide solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy for future utilization. Finally, the law specifies that passive systems must clearly be designed as a solar energy device such as a trombe wall and not merely a part of a normal structure such as a window. The information contained in this summary is for informational purposes only and is not specific legal advice or a substitute for specific legal counsel. Readers should not act upon this information without seeking professional counsel. |
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New Legislation Pertaining to Homeowners Associations - 2007
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