SB1262 - 452R - House Bill Summary

House of Representatives

SB 1262

~~covenants dissolved; residential property~~

(now: building permits; notice; community)

Sponsors: Senators Gerard, Jarrett, Bundgaard, et al.

DP	Committee on Public Institutions & Rural Affairs
x	Committee on Counties & Municipalities
	Committee on Commerce & Economic Development
	Caucus and COW
	Third Read
	As Passed the House

SB 1262 requires counties, cities or towns, for any building permit issued, to inform the permit holder that the subject of the building permit may be located in a subdivision or other community where building restrictions may be more stringent that the restrictions of the county, city or town. Also, SB 1262 stipulates that the owners of residential real property in subdivision, so long that the declaration doesn't require the formation of a homeowners association, may amend the recorded declaration by a two-thirds vote.

Current Status

SB 1262 passed the Public Institutions & Rural Affairs Committee unamended.

History

Counties, cities and towns in the State of Arizona require a building permit before certain types of construction, additions or changes are made to a property. Current statute stipulates that cities and towns must transmit a copy of the permit to both the county assessor and the director of the department of revenue. The process of obtaining a building permit is subject to the scope of the proposed work and the counties and municipalities specific development requirements and procedures.

Currently, the declaration against a subdivision provides the structure for rules relation to voting and amending declarations and codes, covenants and restrictions. SB 1262 allows the property owners of a subdivision without an established homeowners association to amend the declaration by a two-thirds vote.

Provisions

· Requires a municipality or county, for any building permit issued, to inform the permit holder that the subject of the building permit may be located in a subdivision or other community where building restrictions may be more stringent than the restrictions of the municipality or county.

· Stipulates that the owners of residential real property in subdivision, so long that the declaration doesn't require the formation of a homeowners association, may amend the recorded declaration by a two-thirds vote.

· Excluded homeowners associations from the residential property covenant amendment provisions.

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· 45th Legislature