ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: GOV DPA 6-1-0-0 | 3rd Read 24-5-1-0

House: COM DPA 6-3-0-1

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1535: homeowner's associations; address lights

Sponsor: Senator Kavanagh, LD 3

Caucus & COW

Overview

Precludes a condominium association and a planned community association (homeowner's association) from prohibiting the installation or use of a lighted home address device. 

History

Statute allows for the formation of a homeowner's association in accordance with its declaration, bylaws and articles of incorporation.  These governing documents outline the responsibilities of the association as well as give the association certain authorities to enact community rules and regulations. Statute provides additional governance and restrictions for homeowner's associations (Title 33, Chapter 9, Title 33, Chapter 16, A.R.S.).

Provisions

1.   Precludes a homeowner's association from prohibiting the installation or use of a lighted home address device that:

a)   provides a lighted display of the house number;

b)   flashes red and blue when activated to indicate pending response by emergency services;

c) is visible from the street; and

d)   has a low-light adjustment. (Sec. 1, 2) 

2.   Stipulates a homeowner's association may adopt reasonable rules for the placement of a lighted home address device provided such rules do not prevent the installation, defeat the purpose or impair the functioning, restrict the use or adversely affect the cost or efficiency of the device. (Sec. 1, 2)

3.   Allows the homeowner's association to apply reasonable lighting restrictions. (Sec. 1, 2)

4.   Requires the lighting device to comply with all municipal lighting ordinances. (Sec. 1, 2)

5.   Instructs the court to award reasonable attorney fees and costs to any party who substantially prevails in an action against the homeowner's association board of directors for a violation relating to lighted home address device installation or use. (Sec. 1, 2)

Amendments

Committee on Commerce

1.   Modifies the specifications of the lighted home address device to include that the device flashes when activated to signal the location of an emergency and does not exceed 250 lux of illumination.

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5.                     SB 1535

6.   Initials PB           Page 0 Caucus & COW

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