2018 Arizona Community Association Legislative Update Summaries

Oasis Community Management likes to keep our communites and readers updated on day-to-day changes in Arizona’s Legislation to be certain everyone can make the appropriate changes to comply with the new association laws. These summaries are here to help better explain each bill passed. This list became effective on August 3rd, 2018.

House Bill 2240 – Judgment Renewal

HB2240 makes changes to how civil judgements are renewed if the judgement has not been paid or discharged in a bankruptcy. Current law requires the judgment holder (the one who holds a civil judgement against someone or an entity) to file an affidavit every five years renewing the judgement for another five years. With HB2240, civil judgement are enforceable for 10 years before the renewal requirement and the affidavit to renew the judgement makes it enforceable or collectible or another 10 years.

House Bill 2262 – Condominium Termination

HB2262 makes three changes to the process of terminating a condominium.  First, current law requires that the compensable “respective interests of unit owners are the fair market values of their units, limited common elements and common element interests immediately before the termination.”  With HB2262, the compensable interest includes an “additional five percent of that total amount for relocation costs for owner-occupied units.”

Second, the unit owners now have 60 days to disapprove the appraisal instead of 30 days currently.

Third, any unit owner has the right to obtain a second independent appraisal (at the unit owner’s expense).  If the second appraisal amount is different from the association’s appraisal by five percent or less, the higher the appraisal is the final appraisal.  If the second appraisal is more than five percent higher than the association’s appraisal, the unit owner must submit to an arbitration, at the association’s expense, and the arbitrator’s award is the final sale amount plus the additional five percent for reflationary costs of owner-occupied units.

Senate Bill 1043 – County Recorder Fees

SB1043 makes changes to how much money a county recorder can charge to record a document in the land records. Currently, county recorders are allowed to charge five dollars for the first page and one dollar for each subsequent page with a maximum charge of $250. SB1043 changes the fee to a flat $30 per document, regardless of length of the document. A short “note of lien”, for example, that is one page today costs five dollars. After August 3, 2018, the cost will be $30.

Senate Bill 1465 – Sober Living Houses

SB1465 makes changes to Arzona’s regulation of sober living houses.  Sb1465 defines a “sober living home” as:

Any premises, place or building that provides alcohol free or drug free housing and that (1) promotes independent living and life skills development, (2) may provide activities that are directed primarily toward recovery from substance use disorders, (3) provides a supervised setting to a group of unrelated individuals who are recovering from substance disorders, and (4) does not provide any medical or clinical services or mediation administration on-site, except for verification of abstinence.

SB1465 prohibits cities and counties from disclosing the address of sober living homes except to local law enforcement and emergency personnel.