ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: RA DPA 6-1-0-0

HB 2301: homeowners' associations; political activity

Sponsor: Representative Carter, LD 15

Caucus & COW

Overview

Prevents Homeowner's Associations (HOA) from restricting door-to-door political activity for unit owners in condominiums and planned communities.  

History

An association of condominiums or planned communities, commonly known as HOAs, are for profit, nonprofit or unincorporated associations of owners created under a declaration to operate portions of common ownership and obligations. HOAs assess fees and costs to members for payment of these obligations (A.R.S. §§ 33-1202, 33-1241, 33-1802)

An HOA may not prohibit door-to-door political activity or the circulation of political petitions on property normally open to visitors within the association except under specific circumstances (A.R.S. §§ 33-1261 and 33-1808).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits an HOA from preventing unit owners in condominiums and planned communities from engaging in door-to-door political activity including:

a)   solicitations of support or opposition for candidates or ballot issues; and

b)   circulations of political petitions, nomination petitions or petitions in support of or opposition to an initiative, referendum, recall or political issue. (Sec. 1)

2.   Makes technical and conforming changes. (Sec. 1)

Amendments

Committee on Regulatory Affairs

1.   Strikes language prescribing that HOAs cannot restrict unit owners in condominium and planned community associations from conducting door to door political activity including:

a)   solicitations of support or opposition for candidates or ballot issues; and

b)   circulations of political petitions, nomination petitions or petitions in support of or opposition to an initiative, referendum, recall or political issue.

2.   Allows an HOA to prevent individuals that are neither members or residents of a planned community or condominium from entering the premises.

3.   Makes conforming changes.

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7.                     HB 2301

8.   Initials DC/TM       Page 0 Caucus & COW

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