House of Representatives

SB 1206

full service retirement housing

Sponsors: Senator Cirillo

dp	Committee on Retirement and Government Operations
F	Committee on Commerce and Economic Development
	Caucus and COW
	Third Read
	As Passed the House

SB 1206 establishes a full service retirement housing condominium.

Current Status

SB 1206 passed the Retirement and Government Operations Committee unamended. SB 1206 failed to pass the Commerce and Economic Development Committee.

History

Arizona statutes provide limited direction to condominium and planned community (single family) associations, which are commonly known as HOAs. Each HOA's codes, covenants and restrictions (CC&Rs) predominantly outline the manner in which the association membership and their elected board members must conduct themselves and their board business.

SB 1206 gives the rights, powers and duties of an HOA to an administrator.

Provisions

· Defines administrator as a person designated in the declaration to manage the operation of the full service retirement housing condominium and states that the administrator may be the declarant or an affiliate of the declarant.

· Defines full service retirement housing condominium as a condominium that is restricted to house only persons who are 62 years of age or older and in which support services are provided to owners and occupants.

· Defines support services as laundry, housekeeping, transportation, daily food service, and any additional services as prescribed in the declaration for the full service retirement housing condominium. This definition does not include medical services or other healthcare related services.

· Requires the administrator to administer and manage the full service retirement housing condominium and allocates the rights, powers and duties assigned to an association by statute to the administrator.

· Stipulates that an association shall not be established and the declaration shall not allocate votes to each unit and anything that does require a vote of the unit owners does not apply to a full service retirement housing condominium.

· Specifies that common expenses incurred by the administrator for support services in a full service retirement housing condominium may be assessed in a manner other than prescribed in the declaration and allocated, as prescribed by the declaration.

· Explains that the declaration may provide for certain common expenses for support services be allocated based on the use of those services by the residents of the units.

· States that the declaration and plat may only be amended by the administrator, except for amendments that are executed by a declarant to exercise a development right or unit owners to allocate limited common elements, relocate boundaries between adjoining units or subdivide units.

· Specifies that other than by eminent domain, only the administrator can terminate a full service retirement housing condominium.

· Establishes that this article supercedes any conflicting provisions of this chapter.

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· 45th Legislature

· Second Regular Session 2 April 17, 2002

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