ARIZONA STATE SENATE
Phoenix, Arizona
homeowner’s
associations; applicability; charter schools
Purpose
Exempts schools
from regulation by homeowners’ associations (HOAs) of planned communities.
Background
Regulations pertaining to the formation and operation of master planned communities’ HOAs were established in 1994 (Laws 1994, Chapter 310). These statutes define master planned community, allow for penalties on a past due assessment and for a violation of the declaration, bylaws or rules, specify the conditions for closed meetings, specify conditions for disclosure and examination of financial records and require specified information to be furnished upon the resale of a unit.
Oftentimes, an HOA's codes, covenants and restrictions (CC&R’s) will govern the use of property for residential and/or commercial purposes in planned community HOAs. If a school is located in a planned community HOA, the CC&R’s may conflict with what the school is willing to do and financially capable of doing with regards to its property. S.B. 1034 specifies that planned community statutes do not apply to schools, including charter schools.
There is no
anticipated fiscal impact to the state general fund associated with this bill.
Provisions
1. Specifies that planned community statutes do not apply to schools, including charter schools.
2. Exempts schools from regulation by HOAs of planned communities.
3. Provides for a general effective date.
Prepared by Senate Staff
January 25, 2002