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ARIZONA STATE SENATE

Fifty-Third Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1113

 

HOAs; artificial grass ban prohibited

 

Purpose

 

Requires a Homeowners Association (HOA) to allow artificial grass on an HOA member's property.

 

Background

 

An HOA is a common interest organization to which all the owners of lots in a planned community must belong. The four defining characteristics of all HOAs are: 1) all owners are automatically members; 2) governing documents create mutual obligations; 3) mandatory fees or assessments are generally levied against owners and used for the operation of the association; and 4) all owners share a property interest in the community (A.R.S. § 33-1802).

 

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

 

Provisions

 

1.      Prohibits an HOA from banning the use of artificial grass if an HOA allows grass on an HOA member's property.

 

2.      Allows an HOA to adopt reasonable rules regarding the appearance and installation of artificial grass as long as the rule does not prevent installation.

 

3.      Provides for the removal or rejection of artificial grass for health or safety issues that are not corrected.

 

4.      Requires the court to award reasonable attorney fees and costs to the prevailing party in an action brought against an HOA for a violation.

 

5.      Becomes effective on the general effective date.

 

Prepared by Senate Research

January 23, 2017

RH/rr