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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: RAGE DP 6-0-1-0 | Third Read 17-12-1-0-0House: COM DP 7-1-2-1 |
SB 1431: municipalities; planned communities; design; prohibition
Sponsor: Senator Bolick, LD 2
Caucus & COW
Overview
Prohibits municipalities from requiring certain shared features or amenities as part of a development or subdivision and interfering with a home buyer's right to choose home design standards.
History
A planning agency of a municipality cannot require that a subdivider or developer to establish an association as part of a subdivision regulation or zoning ordinance. Alternatively, the municipality may require a subdivider or developer to establish an association to maintain private, common or community owned improvements that are approved and installed as part of a preliminary plan, final plat or specific plan, and cannot require that an association be formed or operated other than for the maintenance of common areas or community owned property. (A.R.S. § 9-461.15).
Statute defines association as 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 (A.R.S. § 33-1802).
Provisions
Development & Subdivision Standards
1. Prohibits a municipality from requiring as part of a development or subdivision:
a. a shared feature or amenity that would require a homeowners' association, a condominium association or any other association to maintain or operate the feature or amenity, except if required by federal law; or
b. a gate, wall, fence or other perimeter enclosure or any type of controlled access. (Sec. 1)
2. Asserts the municipal prohibitions relating to shared features do not supersede applicable building codes, fire codes or public health and safety regulations. (Sec. 1)
3. Defines condominium association and homeowners' association. (Sec. 1)
Planning & Home Design Standards
4. Prevents a municipality from interfering with a home buyer's right to choose the features, amenities, structure, floor plan, interior and exterior design of a home. (Sec. 2)
5. Outlines specified home design features that a municipality cannot require through the adoption of any code, ordinance or regulation for a single-family home or an accessory dwelling unit. (Sec. 2)
6. Prohibits a municipality from denying, delaying or conditionally approving a building permit or other entitlement based on prohibited home design requirements. (Sec. 2)
7. Authorizes a municipality to require the preparation and submission of acceptable electric and water utility plans and specifications. (Sec. 2)
Applicability
8. Specifies the prohibited home design requirements do not supersede:
a. applicable building codes or fire codes;
b. public health and safety regulations;
c. utility clearance requirements or utility easements;
d. minimum parking requirements; and
e. dark sky ordinances. (Sec. 2)
9. Outlines the types of properties that are exempted from the prohibited home design requirements. (Sec. 2)
Miscellaneous
10. Defines pertinent terms. (Sec. 2)
11. Makes technical changes. (Sec. 1)
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Initials PB SB 1431
3/12/2026 Page 0 Caucus & COW
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