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REFERENCE TITLE: condominiums; planned communities; rental properties |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2513 |
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Introduced by Representatives Urie: Brophy McGee, Carter
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AN ACT
amending title 33, chapter 9, article 3, Arizona Revised Statutes, by adding section 33‑1260.01; amending title 33, chapter 16, article 1, Arizona Revised Statutes, by adding section 33-1806.01; relating to rental properties.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 9, article 3, Arizona Revised Statutes, is amended by adding section 33-1260.01, to read:
33-1260.01. Rental property; unit owner, agent information; disclosure
A. Unless prohibited in the condominium documents, a unit owner may use the unit owner's unit as a rental property.
B. A unit owner may make a written designation of a third party to act as the unit owner's agent with respect to all association matters relating to the rental unit. The unit owner shall provide the association a copy of the written designation of the agent that shall be signed by the unit owner of record for the rental unit. On delivery of the written designation, the association is authorized to conduct all association business relating to the unit owner's rental unit through the designated agent. Notice by the association to a unit owner's designated agent on any matter relating to the unit owner's rental unit constitutes notice to the owner.
C. On rental of a unit owner's unit, the unit owner or unit owner's agent shall provide the association the name, age and telephone number of the tenants occupying the unit and a description and license plate number of the tenants' vehicles. If the condominium is an age restricted condominium, the unit owner, the unit owner's agent or the tenant shall show a government issued identification that bears a photograph and that confirms that the tenant meets the condominium's age restrictions or requirements.
D. The association may charge an administrative fee that is limited to one per cent of the annual, regular assessment of the unit or fifty dollars, whichever is greater. The administrative fee may be charged each year or a portion of a year that the unit is rented. Except for the administrative fee permitted by this subsection, the association shall not assess, levy or charge a fee or fine or otherwise impose a requirement on a unit owner's rental unit any differently than an owner-occupied unit in the association.
E. Notwithstanding any provision in the condominium documents, the association is prohibited from either of the following:
1. Requiring a unit owner to provide the association with a copy of the tenant's rental application, credit report, lease agreement or rental contract or other personal information regarding the tenant except as prescribed by this section. This paragraph does not prohibit the association from acquiring a credit report on a person in an attempt to collect a debt.
2. Requiring the tenant to sign a waiver or other document limiting the tenant's civil rights of due process as a condition of the tenant's occupancy of the rental unit.
Sec. 2. Title 33, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 33-1806.01, to read:
33-1806.01. Rental property; member, agent information; disclosure
A. Unless prohibited in the community documents, a member may use the member's property as a rental property.
B. A member may make a written designation of a third party to act as the member's agent with respect to all association matters relating to the rental property. The member shall provide the association a copy of the written designation of the agent that shall be signed by the member of record for the rental property. On delivery of the written designation, the association is authorized to conduct all association business relating to the member's rental property through the designated agent. Notice by the association to a member's designated agent on any matter relating to the member's rental property constitutes notice to the member.
C. On rental of a member's property, the member or member's agent shall provide the association the name, age and telephone number of the tenants occupying the property and a description and license plate number of the tenants' vehicles. If the planned community is an age restricted community, the member, the member's agent or the tenant shall show a government issued identification that bears a photograph and that confirms that the tenant meets the community's age restrictions or requirements.
D. The association may charge an administrative fee that is limited to one per cent of the annual, regular assessment of the property or fifty dollars, whichever is greater. The administrative fee may be charged each year or portion of a year that the property is rented. Except for the administrative fee permitted by this subsection, the association shall not assess, levy or charge a fee or fine or otherwise impose a requirement on a member's rental property any differently than an owner-occupied property in the association.
E. Notwithstanding any provision in the community documents, the association is prohibited from either of the following:
1. Requiring a member to provide the association with a copy of the tenant's rental application, credit report, lease agreement or rental contract or other personal information regarding the tenant except as prescribed by this section. This paragraph does not prohibit the association from acquiring a credit report on a person in an attempt to collect a debt.
2. Requiring the tenant to sign a waiver or other document limiting the tenant's civil rights of due process as a condition of the tenant's occupancy of the rental property.