Great news for AZ landlords! The legislature passed a bill that cracks down on HOAs (HomeOwner Associations):
HOAs; Rental Property
• Asserts that a unit or property owner may use their unit or property as a rental property in accordance with the declaration’s rental time period restrictions, unless it is prohibited in the declaration.
• Allows a unit or property owner, through a written designation, to authorize a third party to act as their agent with respect to all HOA matters regarding the rental property.
• Directs the unit or property owner to provide the HOA with the written designation, which authorizes the HOA to conduct all business relating to the rental property through the designated agent.
• Specifies that notice by the HOA to the designated agent regarding a rental property serves as notice to the owner.
• Prohibits an HOA from requiring an owner or designated agent to disclose any information regarding a tenant, other than the following:
-Name and contact information for any adults occupying the unit or property.
-Time period of the lease including the beginning and ending dates of the tenancy.
-A description and license plate number of the tenant’s vehicles.
-A government issued identification that bears a photograph and date of birth, if the unit or property is in an age restricted community.
Permits an HOA to charge no more than $25 as an administrative fee for each new tenancy for a unit or property, but not for the renewal of an existing lease.
-Requires the $25 fee to be paid within 15 days of the post marked request.
• Prohibits an HOA from the following:
-Assessing or levying any other fee or fine or otherwise impose a requirement on a rental property that is different than on an owner-occupied unit or property in the association.
– Requiring a unit or property owner to provide them with a copy of a rental application, credit report, lease agreement, rental contract or any other personal information.
– Requiring a tenant to sign a waiver or other document limiting their civil rights to due process as a condition of their occupancy of a rental property.
-Restricting or prohibiting a unit owner from serving on the board of directors based on the owner not being an occupant of the unit.
– Imposing any fee, penalty, assessment or other charge of more than $15 for incomplete or late information.
• Determines any attempt by an HOA to impose a fee, penalty, assessment or other charge not authorized by statute to void the fee authorized by statute and the requirement to provide information to the HOA.
• Allows an HOA to acquire a credit report on a person in an attempt to collect a debt.
SB 1454 was signed by the Governor on June 20th, 2013.
ARS Titles Affected: 16
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