From January 12, 2015 to April 3, 2015, the Arizona 52nd Legislature met for 81 days—a record for the shortest session since 1968. There were 1,163 bills introduced, 324 bills were signed and 20 bills were vetoed. While there were no changes to the Arizona Department of Real Estate, there are several new laws that impact real estate.
House Bill 2084: Condominiums; planned communities; associations; disclosures: requires condominiums and planned community associations to submit, with their annual report to the Arizona Corporation Commission, a statement with the name of the association’s management company or designated agent and contact information, including address, telephone numbers, fax number, website and email address. This bill eliminates the filing of such information with the County Recorder and requires updates within 30 days of changes to the information. This will make the Arizona Corporation Commission the one place to go to determine how to contact an HOA or other community association. This does not alter the provisions of A.R.S. Section 41-2198, et seq., which governs administrative complaints against condominiums and planned communities.
House Bill 2311: Judgment Liens; recordation; real property: provides that, beginning January 1, 2016, when a certified copy of a judgment is recorded with the County Recorder where the judgment debtor has property, the judgment becomes a lien on real property of the judgment debtor in that County. This allows a municipal court or justice court judgment to be executed in the same manner as a superior court judgment.
House Bill 2578: Real property; purchaser dwelling actions mandates that at least 90 days prior to filing a lawsuit against a developer or seller, purchasers must provide written notice of the alleged defects or deficiencies. The seller is permitted to inspect the dwelling and may offer monetary compensation and/or repair or replacements within 60 days after receiving notice. An HOA also may file a dwelling action for construction defects affecting the community.
Senate Bill 1185: Guest removal; landlord tenant act clarifies that under the Arizona Residential Landlord Tenant Act, a guest of a tenant who remains on the premises without the permission of the landlord or tenant does not become a tenant in their own right and can be removed by a law enforcement officer at the request of the landlord or tenant.
Senate Bill 1368: Municipalities; additional business licenses; prohibition prohibits a municipality from requiring additional business licenses for a real estate broker or agent who is licensed in another municipality in Arizona where the primary place of business is located. Thus, brokers or agents with multiple offices cannot be required to have multiple business licenses.