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REFERENCE TITLE: planned communities; applicability; recreational center |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2374 |
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Introduced by Representative Payne
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AN ACT
AMENDING sections 33-1801 and 33-1802, Arizona Revised Statutes; relating to planned communities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1801, Arizona Revised Statutes, is amended to read:
33-1801. Applicability; exemption
A. This chapter applies to all planned communities and associations that are incorporated or organized after 1973.
B. Notwithstanding any provisions in the community documents, this chapter does not apply to any school that receives monies from this state, including a charter school, and a school is exempt from regulation or any enforcement action by any homeowners' association that is subject to this chapter. With the exception of homeschools as defined in section 15‑802, schools shall not be established within the living units of a homeowners' association. The homeowners' association may enter into a contractual agreement with a school district or charter school to allow use of the homeowners' association's common areas by the school district or charter school.
C. This chapter does not apply to timeshare plans or associations that are subject to chapter 20 of this title.
Sec. 2. Section 33-1802, Arizona Revised Statutes, is amended to read:
33-1802. Definitions
In this chapter and in the community documents, unless the context otherwise requires:
1. "Association" means a nonprofit corporation or unincorporated association of owners that is created pursuant to a declaration to own and operate portions of a planned community and that has the power under the declaration to assess association members to pay the costs and expenses incurred in the performance of the association's obligations under the declaration. Association does not include an organization that is created or incorporated for the sole purpose of supporting recreational activities in a real estate development.
2. "Community documents" means the declaration, bylaws, articles of incorporation, if any, and rules, if any.
3. "Declaration" means any instruments, however denominated, that establish a planned community and any amendment to those instruments.
4. "Planned community" means a real estate development that includes real estate owned and operated by or real estate on which an easement to maintain roadways or a covenant to maintain roadways is held by a nonprofit corporation or unincorporated association of owners, that is created for the purpose of managing, maintaining or improving the property and in which the declaration expressly states both that the owners of separately owned lots, parcels or units are mandatory members and that the owners are required to pay assessments to the association for these purposes. Planned community does not include a timeshare plan or a timeshare association that is governed by chapter 20 of this title or a condominium that is governed by chapter 9 of this title.
Sec. 3. Legislative intent; association; planned community; clarifying changes
It is the intent of the legislature that the amendments made to section 33-1802, Arizona Revised Statutes, are clarifying changes that are consistent with the legislature's intent in 1994 in first enacting section 33-1802, Arizona Revised Statutes, and that the remaining provisions of this act are intended to further these clarifying changes.
Sec. 4. Retroactivity
Section 33-1802, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after July 16, 1994.
Sec. 5. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.