ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session

---

HB 2131: HOAs; artificial grass ban prohibited

Sponsor: Representative Kavanagh, LD 23

Committee on Government & Elections

Overview

States that a planned community association may not prohibit installing or using artificial grass on a member's property.

History

An association, also known as a homeowners' association (HOA), is a nonprofit corporation or unincorporated association of owners that is created pursuant to a declaration to own and operate portions of a planned community.  An HOA has the power under the declaration to assess members to pay the costs and expenses incurred in the performance of the association's obligations under the declaration (A.R.S. § 33-1802).

A planned community is a real estate development that includes real estate owned and operated by a nonprofit corporation or unincorporated association of owners that is created for the purpose of managing, maintaining or improving the property (A.R.S. § 33-1802).

Provisions

1. Stipulates that an HOA may not prohibit the installation or use of artificial grass on any member's property if the HOA allows grass on a member's property. (Sec. 1)

2. Allows an HOA to adopt reasonable rules regarding the appearance and installation of artificial grass if the rules do not prevent installing or using artificial grass. (Sec. 1)

3. Authorizes an HOA to reject or require the removal of a member's artificial grass if it creates a health or safety issue that the member does not correct. (Sec. 1)

4. Directs the court to award reasonable attorney fees and costs to any party that prevails as determined by the court in an action against an HOA for a violation. (Sec. 1)

5.

6.

7. ---------- DOCUMENT FOOTER ---------

8.                   HB 2131

9. Initials SJ  Page 0 Government & Elections

10.

11. ---------- DOCUMENT FOOTER ---------