ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
condominiums; interior improvements; approvals
Purpose
Precludes a condominium unit owners' association (COA) from prohibiting certain modifications of the interior of a condominium unit.
Background
A condominium unit owner may: 1) make any improvements or alterations to their unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium; 2) with written permission from the COA, change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium; or 3) after acquiring an adjoining unit or, if the declaration expressly permits, an adjoining part of an adjoining unit, remove or alter any intervening partition or create apertures in intervening partitions, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium.
A condominium is real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners (A.R.S. §§ 33-1202 and 33-1221).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Precludes a COA from prohibiting a unit owner from:
a) improving or altering the interior of the unit in a manner that may disturb adjacent unit occupants if the unit owner purchases and installs, at their own expense, any reasonably necessary improved materials, accessories or other adjustments to eliminate or minimize potential disturbances; and
b) using any manner of decoration on the interior of the unit.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
House Action
RA 1/31/24 DP 6-0-0-0
3rd Read 2/12/24 57-0-1-0-2
Prepared by Senate Research
February 26, 2024
JT/slp