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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1476 |
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AN ACT
amending title 33, chapter 16, article 1, Arizona Revised Statutes, by adding section 33-1817; relating to planned communities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 33-1817, to read:
33-1817. Declaration amendment; design, architectural committees; review
Notwithstanding any provision in the community documents:
1. The declaration may be amended only by a vote of the membership of the association.
2. Membership on a design review committee, an architectural committee or a committee that performs similar functions, however denominated, for the planned community and that has the authority to amend the declaration shall be an elected office open to the full membership of the association and subject to a vote of the full membership of the association. The election of any design review committee members shall be governed on terms substantially similar to that of the election of membership to the board of directors of the planned community.
3. If the association requires the member to pay a security deposit to secure completion of the member's construction project or compliance with approved plans, the deposit shall be placed in an escrow account with the following instructions:
(a) The cost of the escrow account shall be shared equally between the association and the member.
(b) If the construction project is abandoned, the deposit shall be used to restore the construction site to its original pre-construction condition. Any surplus monies remaining from the deposit shall be returned to the member.
4. Any interest earned on the refundable security deposit must accrue to the benefit of the applicable member.
5. The association or the design review committee must hold a final design approval meeting for the purpose of issuing approval of the plans, and the member or member's agent must have the opportunity to attend the meeting. If the plans are approved, the association's design review representative shall provide written acknowledgement that the approved plans, including any approved amendments, are in compliance with all rules and guidelines in effect at the time of the approval and that the refund of the deposit requires that construction be completed in accordance with those approved plans.
6. The association must provide for at least two on-site formal reviews during construction for the purpose of determining compliance with the approved plans. The member or member's agent shall be provided the opportunity to attend both formal reviews. Within five business days after the formal reviews, the association shall cause a written report to be provided to the member or member's agent specifying any deficiencies, violations or unapproved variations from the approved plans as amended and that have come to the attention of the association.
7. Within five business days after the second formal review, the association shall provide to the escrow agent holding the deposit a copy of the written report and if the written report states that the construction is in compliance with the approved plans, the escrow agent shall promptly release the deposit monies to the member.
Sec. 2. Applicability
Notwithstanding section 33‑1817, paragraph 2, Arizona Revised Statutes, as added by this act, for any planned community in which elected committee membership is a new requirement for the community, the planned community shall provide for the design review committee or architectural committee membership to be an elected office beginning with an election held at the next annual meeting held immediately following the effective date of this act.