ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: GE DPA/SE 13-0-0-0

HB 2131: HOAs; artificial grass ban prohibited

S/E: artificial grass ban prohibited; HOAs

Sponsor: Representative Kavanagh, LD 23

Caucus & COW

Summary of the Strike-Everything Amendment to HB 2131

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 natural grass on a member's property. (Sec. 1)

2. Allows an HOA to do the following:

a) Adopt reasonable rules regarding the installation and appearance of artificial turf if the rules do not prevent installing artificial turf. The rules may regulate the quality of the artificial turf, the location on the property where it may be installed and the percentage of the lot that may be covered with artificial turf;

b) Require the removal of a member's artificial turf if creates a health or safety issue that the member does not correct; and

c) Require removal or replacement of the artificial turf if it is not maintained in accordance with the standards for maintenance by the HOA. (Sec. 1)

3. Authorizes an HOA to prohibit the installation of artificial turf if it would be installed in an area that the HOA is required to maintain or irrigate. (Sec. 1)

4. Specifies that if an HOA prohibits new installation of natural grass on a member's property, they may also prohibit new installation of artificial turf on a member's property. (Sec. 1)

5. 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)

6. Maintains that the prohibition on artificial turf does not affect the responsibility of an HOA to carry out both the express and reasonably implied intent of a declaration that states that the design standards of the planned community must be followed to protect the natural environment where the planned community is developed. (Sec. 1)

7. Stipulates that the prohibition on artificial turf does not apply to a planned community that has unique geologic characteristics and vegetation that require preservation by the HOA and where the viability of those characteristics is supported, protected and enhanced as a result of the continued existence of natural landscaping materials. (Sec. 1)

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11. HB 2131

12. Initials SJ Page 0 Caucus & COW

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