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House Engrossed
municipalities; associations; restrictions |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HOUSE BILL 2723 |
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An Act
amending section 9-461.15, Arizona Revised Statutes; relating to municipal planning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-461.15, Arizona Revised Statutes, is amended to read:
9-461.15. Requirement of planned community prohibited
A. The planning agency of a municipality, in exercising its authority pursuant to this title, shall not require as part of a subdivision regulation or zoning ordinance that a subdivider or developer establish an association as defined in section 33-1802. A subdivider or developer shall not be penalized because a real estate subdivision or development does not constitute or include a planned community.
B. A municipality may require a subdivider or
developer to establish an association to maintain private, common or community owned community-owned
improvements that are approved and installed as part of a preliminary plat,
final plat or specific plan. A municipality shall not require that
an association be formed or operated other than for the maintenance of common
areas or community owned community-owned property, and any association established pursuant to this
subsection may not be required to adopt ruassociation created
pursuant to this subsection may not be required to adopt rules or
regulations that are more restrictive than any existing municipal rules or
regulations. This subsection applies only to planned communities that
are established in plats recorded after the effective date of
this section july 24, 2014.
C. This section does not limit the subdivider or developer in the establishment or authority of any planned community established pursuant to title 33, chapter 16 or limit a subdivider, a developer or an association from requesting and entering into a maintenance agreement with a municipality.