ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: RA DPA/SE 6-0-0-0

HB 2698: planned communities; declarant control

NOW: declarant control; planned communities

Sponsor: Representative Carter, LD 15

House Engrossed

Overview

Outlines requirements relating to a period of declarant control within a homeowners' association (HOA).

History

Statue defines an association as a nonprofit corporation or unincorporated association of owners that is created pursuant to a declaration to own and operate portions of a planned community.  A declaration is any instrument that establishes a planned community and any amendment to that instrument (A.R.S. § 33-1802).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteSpecifies that each declaration that provides a period of declarant control of the HOA must also provide a date of or method for calculating the date of the termination of declarant control. (Sec. 1)

2.   Stipulates that, regardless of community documents dictating the termination of declarant control, declarant control terminates no later than the date that the second to last lot is conveyed to a buyer. (Sec. 1)

3.   Requires the HOA to do the following after termination of the period of declarant control and while the declarant owns one or more lots:

a)   provide at least the same level maintenance of common areas that the declarant provided;

b)   not impede the declarant's ability to construct, develop and sell lots; and

c) not impede access to and use of common areas by the declarant in the same manner as other members. (Sec. 1)

d)    

e)    

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g)                           HB 2698

h)   Initials DC     Page 0 House Engrossed

i)  

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