House of
Representatives
HB 2205
planned communities; utility vehicle parking
Sponsor: Representative Biggs
HB2205 allows a resident to park a motor vehicle on a street or driveway in a planned community (HOA) if the resident is employed by a municipal utility and the vehicle is required to be available at the person’s residency for emergency deployment for repair or maintenance of natural gas, electrical or water infrastructure as a condition of the person’s employment.
History
Title 33, Chapters 9 and 16, Arizona Revised Statutes, outline the regulatory requirements for Condominiums and Planned Communities (single-family homes) respectively, and are commonly known as homeowners’ associations (HOAs). The codes, covenants and restrictions (CC&Rs) provide direction to the HOA, and a board of directors (board) duly elected by the membership varies accordingly. Statute requires the board to manage the activities of the HOA, including adopting and amending bylaws/rules, requirements for casting votes, holding open meetings, hiring and discharging managing agents and imposing and receiving fees, fines and assessments. The HOA’s board is responsible for maintenance, repair and replacement of the common elements within the association, as well as imposing penalties for violations of bylaws and rules.
Laws 1994, Chapter 310, created the framework for Planned Communities by establishing basic powers and duties, including mandatory open board meetings, proper notice, limitations on assessments, maximum late fees, and budget/financial documents that must be made available to all members of the association. Finally, the 1994 law provided guidance to the association as well as the homeowner regarding the detailed document that makes up the disclosure statement and the mandatory requirements for dissemination to a new homeowner.
Throughout the late 1990s and early 2000s, these laws have been revised to meet the needs of the majority of the associations. HB 2204 includes municipal vehicles in the list of those authorized to park within the confines of the association.
Laws 2003, Ch. 99, eliminates the ability of a HOA to prohibit a resident from parking an emergency service vehicle of 20,000 pounds or less that is necessary for emergency deployment for repair or maintenance of natural gas pipelines.
Laws 2004, Ch. 166, added police or fire service for a federal, state, local or tribal agency or a private fire service provider or an ambulance service provider in the parking exemption for public safety agencies.
Provisions
· Includes a municipal utility in the HOA parking exemption.
· Includes vehicles needed for repair or maintenance of electrical or water infrastructure in the HOA parking exemption.
· Makes technical and conforming changes.
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Forty-seventh Legislature Analyst Initials _______
Second Regular Session April 18, 2006
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