HB2570

THE CONTEXT: Pursuant to A.R.S. 9-462.01, the legislative body of any municipality by ordinance, to conserve and promote the public health, safety and general welfare, may: 1) regulate the use of buildings, structures and land between agriculture residence, industry and business; 2) regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot that may be occupied by a building or structure, access to incident solar energy and the intensity of land use; 3) establish requirements for off-street parking and loading; 4) establish and maintain building setback lines; and 5) establish floodplain and age-specific community zoning districts and districts of historical significance. A municipal planning agency cannot require as part of a subdivision regulation or zoning ordinance that a subdivider or developer establish an association. A subdivider or develop cannot be penalized because a real estate subdivision or development does not include a planned community. A municipality may require a subdivider or developer to establish an association to maintain private, common or community owned improvements that are approved and installed as part of a preliminary plat, final plat or specific plat. A municipality cannot require that an association be formed or operated other than for the maintenance of common areas or community owned property. ( A.R.S. 9-461.15 )

WHAT THE BILL DID: The final vetoed version would prevents a municipality from interfering with a home buyer's right to choose the home design features, amenities, structure, floor plan and interior and exterior design, prohibit a municipality from requiring: a) a homeowners' association, condominium association or any other association; b) a shared feature or amenity that would require a homeowners' association, condominium association or any other association to maintain or operate the feature or amenity, unless necessary for stormwater management; c) screening, walls or fences; or d) private streets or roads, and stipulate property owners may voluntarily form or establish a homeowners' association, condominium association or any other association.

WHY IT MATTERED: The practical reason for this bill was to give property owners and consumers a clearer rule for planning. It would prevents a municipality from interfering with a home buyer's right to choose the home design features, amenities, structure, floor plan and interior and exterior design, and would also prohibit a municipality from requiring: a) a homeowners' association, condominium association or any other association; b) a shared feature or amenity that would require a homeowners' association, condominium association or any other association to maintain or operate the feature or amenity, unless necessary for stormwater management; c) screening, walls or fences; or d) private streets or roads, rather than leave the current rule unchanged.