Arizona HOA Legislative Update 2022
This year’s Arizona legislative session adjourned on June 25, 2022. The general effective date for new laws is September 24, 2022. Summaries for the new and/or amended statutes that impact planned communities and condominiums are below and the full text of the statutes can be found at www.azleg.gov. Updated copies of the Arizona Condominium Act and Arizona Planned Communities Act are available to view and download on our website under the G|S Resources tab.
A.R.S. §33-1819 (NEW): Artificial Grass Ban Prohibited
In a Planned Community where natural grass is not already prohibited, the Association cannot prohibit a member from installing artificial turf on their property. If the CC&Rs are amended to prohibit new installation of natural grass, then the Association can prohibit new installations of artificial turf except for the conversion of existing natural grass to artificial turf. The Association is able to adopt reasonable rules regarding the installation and appearance of artificial turf, and/or require its replacement or removal if it presents a health issue or is not maintained according to the Association’s standards. There are also exceptions for planned communities that have reason to protect the natural environment, or unique vegetation or geologic characteristics.
A.R.S. §33-1261 & 33-1808 (AMENDED): Flags; Homeowners’ Associations
Expands the list of flags or categories of flags that cannot be prohibited in a Planned Community or a Condominium to include: 1) First Responder Flags and 2) Blue/Gold Star Service Flags. First Responder Flags are specifically defined as a flag that recognizes and honors the services of any of the following:
(a) Law enforcement and that is limited to the colors: blue, black, and white; the words: “law enforcement”, “police”, “officers”, “first responder”, “honor our”, “support our”, and “department”; and the symbol of a generic police shield in a crest or star shape.
(b) Fire department and that is limited to the colors: red, gold, black, and white; the words: “fire”, “fighters”, “F”, “D”, “FD”, “first responder”, “department”, “honor our”, and “support our”; and the symbol of a generic maltese cross.
(c) Paramedics or emergency medical technicians and that is limited to the colors: blue, black, and white; the words: “first responder”, “paramedic”, “emergency medical”, “service”, “technician”, “honor our” and “support our”; and the symbol of a generic star of life.
A.R.S. §33-1261 & 33-1808 (AMENDED): Homeowners’ Associations; Political; Community Activity
Expands the categories of signs that cannot be prohibited in a Planned Community or a Condominium to include Association-specific political signs that support or oppose a candidate for the board of directors or the recall of a board member or a condominium ballot measure that requires a vote of the Association unit owners. An Association may establish reasonable rules regarding placement, location, and manner of display, but signs 1) must be allowed for a certain time after ballots are provided to the membership, 2) cannot be limited to an aggregate total size of less than nine square feet, 3) cannot be required to be commercially produced or limited to one-side only, 4) cannot be limited as to the number of candidates or issues, or otherwise as to content, except as to the use of profanity and discriminatory text; images; or content based on race, color, religion, sex, familial status, or national origin as prescribed by federal or state fair housing laws.
Also, limits the Association’s ability to prohibit or unreasonably restrict a member’s ability to peacefully assemble and use common elements/areas if done in compliance with reasonable restrictions for the use of that property adopted by the board of directors and if the assembly is for the purpose of discussing matters related to the condominium or community (i.e., board of director elections or recalls, potential or actual ballot issues or revisions to the governing documents, property maintenance or safety issues, or any other condominium or community matters). A member may invite one political candidate or one non-member guest to speak to an assembly of members about matters related to the condominium or community, and must be allowed to post notices regarding the assembly of members on bulletin boards located on the common elements/areas. Clarification is made that any such assembly of members will not constitute an official members’ meeting unless the meeting is noticed and convened as required by statute and/or the governing documents.