Arizona – New state laws about HOAs voided

September 06, 2013 7:45 pm  •  By Howard Fischer Capitol Media Services

PHOENIX — Saying legislators likely violated the Arizona Constitution, the Attorney General’s Office has agreed not to enforce some new laws governing homeowner associations.

In an agreement filed Friday, the state agreed to accept a court order that eight provisions of SB 1454 were enacted illegally and are void.

These include laws meant to prohibit cities and counties from requiring developers to established planned communities as a condition of getting zoning or permits.

Also gone are changes such as allowing proxies of HOA votes through email or fax.

The decision also knocks out another section, which would have limited associations’ ability to demand that homeowners furnish them with certain information about renters.

But the deal, set to be signed by Maricopa County Superior Court Judge Randall Warner, leaves intact the remainder of the measure, which makes various changes in general election laws. They will take effect as scheduled this coming week.   Read more…..

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