ARIZONA STATE SENATE
Phoenix, Arizona
full service
retirement housing
Purpose
Expands the Condominium Act to allow for the establishment of a full service retirement housing condominium.
Background
The Condominium Act applies to all condominiums created within this state (Laws 1985, Chapter 192). Under the Act, an association must be organized as soon as the first condominium is conveyed. Membership of the association must consists of all the unit owners, where each unit owner has title to a unit plus an undivided interest in the common areas of the condominium and the use of the common areas.
In the last several years, there has been a large increase in the number of living options for the elderly as both the public and private sectors attempt to respond to the growing numbers of elders. Senior living and retirement choices offered in Arizona include independent living communities, lifecare, continuing care, assisted living communities and centers, and U.S. Housing and Urban Development (HUD) senior housing. S.B. 1206 creates a “full service retirement housing condominium”, a new retirement choice for persons who are at least 62 years of age. A full service retirement housing condominium will consist of condominium units and will offer support services, such as laundry, housekeeping, transportation and daily food service but does not include medical or healthcare services. What sets aside a full service retirement housing condominium is that an association will not be established. Instead, the declaration will designate an administrator who will manage the operation of the full service retirement housing condominium. The administrator will have all the powers, rights and duties that would otherwise accrue to an association.
There is no
anticipated fiscal impact to the state general fund association with this bill.
Provisions
1. Provides that a full service retirement housing condominium is administered and managed by an administrator.
2. Specifies that the administrator has all the rights, powers and duties that would otherwise accrue to an association.
3. Provides that an association will not be created and the declaration will not allocate votes to each unit.
4. Specifies that any provision that permits or requires a vote of the unit owners does not apply to a full service retirement housing condominium.
5. Allows common expenses incurred by the administrator for support services in a full service retirement housing condominium to be assessed in a different manner than the manner other expenses are assessed if the declaration provides the manner for allocating those expenses.
6. Allows the declaration to provide that certain common expenses for support services be allocated based on the use of those services by the residents of the units.
7. Specifies that the declaration, including the plat, can be amended only by the administrator, except for amendments that are executed by a declarant to exercise a development right or by unit owners to allocate limited common elements, relocate boundaries between adjoining units or subdivide units.
8. Specifies that a full service retirement housing condominium can be terminated only by the administrator, except for a taking of all of the units by eminent domain.
9. Specifies that the full service retirement housing condominium statutes control in any conflict between it and any other provisions of the Condominium Act.
10. Defines “administrator,” “full service retirement housing condominium” and “support services.”
11. Provides for a general effective date.
Prepared by Senate Staff
February 1, 2002