During REALTOR® Caucus 2017 on September 7, Arizona REALTORS® Vice President of Government Affairs Nicole LaSlavic shared a legislative update and preview to hundreds of members in attendance. Here are some of the highlights from her presentation.
- Last year, there were 1,079 bills introduced and members of your Legislative & Political Affairs Committee reviewed every piece of legislation; 150 pieces directly impacted the real estate industry.
- At REALTOR® Caucus 2016, we went forward with some legislative priorities including:
- HB 2067: Real Estate Licensing; Applicability; Exemptions
This bill establishes real estate licensing regulations do not apply to unlicensed person in the employ of a real estate licensee to perform clerical, bookkeeping, accounting and other administrative and support duties. The bill was signed by the governor on March 31 and took effect on August 9.
- HB 2072: Manufactured Homes; Real Estate Transactions
This bill authorizes real estate brokers and salespersons licensed by ADRE to sell manufactured homes and mobile homes located in a mobile home park. The bill further requires ADRE licensees and Arizona Department of Housing Division licensees to abide by their respective licensing requirements for submitting paperwork and filings upon the completion of sale.
- HB 2088: Incorporation; Urbanized Areas
Requires the county board of supervisors to take action on the petition to incorporate an area as a municipality without a resolution approving the incorporation from the nearby municipalities if the area has a population of 15,000 or more persons and that population is more than the population of any adjacent municipality that opposes the proposed incorporation.
- HB 2237: Forcible Entry; Detainer; Prohibited Rules
Prohibits a state agency or court from adopting or enforcing a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and pursue an action for forcible entry or forcible or special detainer.
- Here’s what is on the horizon for the 2017 legislative session:
The governor’s office has convened a group of stakeholders to examine the current status of Arizona’s water laws, policies and practices with respect to both Colorado River and groundwater issues with the goal of determining where improvements should be made. There are some areas where the REALTORS® need to be concerned, specifically anything that addresses assured water supply, wells and water rights.
Various municipalities have attempted to revamp their sign ordinances as a result of the Supreme Court Ruling in Reed v. Gilbert. Some of the proposed ordinances are more aggressive than others in their treatment of real estate signage. Arizona REALTORS® went to the National Association of REALTORS® and were awarded a $75-thousand-dollar grant to examine ways to utilize a reasonable time, place, and manner restrictions as a possible solution to the placement of the signs in private and public right-of-ways.
Arizona continues to face funding challenges as it pertains to K-12 and higher education. The legislature will be tasked with figuring out a way to fund these areas. One potential funding mechanism is through increase in property taxes, implantation of a tax on services or the removal of the Homeowner’s Rebate.
Every year there are a slew of bills introduced to address HOA’s. Last year, there was a group of individuals who brought forward 57 pieces of HOA legislation; some of them were good and we worked with them, but it is also important to note that Governor Ducey penned a letter last session stating, “I do not believe that the government should micro manage the operation of Home Owners Associations.” Keeping this statement in mind, we do not anticipate a high number of bills to be signed by the governor that address HOA legislation.
If you have individuals who are working in your office wondering, “Is this person able to do this without being a licensee?” Please reference the Substantive Policy Statement to make sure that you’re within what is legally permissible.
Fun Fact: When you look at what kind of careers legislators have, most were either REALTORS® or real estate agents at one point in their life.
To see photos from the REALTOR® Caucus 2017, click here.