ARIZONA STATE SENATE

RESEARCH STAFF

JULIE SZPERLING

LEGISLATIVE RESEARCH ANALYST

COMMERCE COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

TO: MEMBERS OF THE SENATE

COMMERCE COMMITTEE

DATE: February 25, 2002

SUBJECT: Strike everything amendment to S.B. 1262

Purpose

Requires a municipality or county for any permit issued to inform permit holders that a condominium or planned community may have building restrictions more stringent than those of the municipality or county. Allows planned community association members to amend the declaration by a simple majority vote of the members at a regular or special meeting, regardless of any contrary provisions in the community documents.

Background

All municipalities and counties in Arizona require a building permit before construction, additions or alterations are made to a property. The process for obtaining building permits depends upon the scope of work planned and the municipality or county’s development standards, application procedures and other requirements. Oftentimes, the proposed construction, additions or alterations to a property is located in a condominium or planned community that has building restrictions that exceed the limits set by the municipality or county. The strike everything to S.B. 1262 requires a municipality or county for any building permit issued to inform the permit holder that the subject of the permit may be located in a condominium or planned community that may have building restrictions more stringent than those of the municipality or county.

Currently, the planned community association documents provide the structure for rules relating to voting and amending declarations and codes, covenants and restrictions. The strike everything to S.B. 1262 allows the members of a planned community association to amend the declaration by a simple majority vote of the members at a regular or special meeting, regardless of any contrary provisions in the community documents.

There is no anticipated fiscal impact to the state general fund.

Provisions

1. Requires a city, town or county for any building permit issued to include a notice informing the permit holder that the subject of the permit may be located in a condominium or planned community that may have building restrictions more stringent than those of the city, town or county.

2. Authorizes the members of a planned community association to amend the declaration by a simple majority vote of the members at a regular or special meeting, regardless of any contrary provisions in the community documents.

3. Provides for a general effective date.

JS/ac