New Arizona laws that affect real estate will go into effect on July 29. Many of the bills briefly summarized below are the result of meetings with REALTORS® across the state asking the Arizona Association of REALTORS® (AAR) for assistance on a great diversity of issues. Those issues range from problems with homeowner associations and municipal water providers to new threats to homeowners’ equity by an out-of-state company using CC&Rs to collect private transfer fees. AAR’s 2010 legislative effort was successful on these issues and more.
We are successful because we have volunteer members who give of their time and real-world experience to become part of our legislative committee reviewing several hundred bills every year introduced at the Arizona Legislature. Success is boosted by the contributions made by REALTORS® to the REALTORS® of Arizona Political Action Committee (RAPAC), whose contributions support legislative candidates who protect private property rights and oppose candidates who want to ‘double tax’ small businesses through a professional service tax. The final ingredient to our legislative success is our legislative advocates on staff here at AAR.
To assist your success in real estate, stay abreast of new laws and ordinances impacting your business by visiting your local, state and national REALTOR® association websites for information. The bills summarized below can be viewed in greater detail at www.azleg.gov. Type the bill number in the upper right corner, and the site will bring up different versions of the legislation as it made its way through the process, You can also see voting records of your lawmakers. Thanks for taking the time to read the legislation below so that you can be in the know.
2010 AAR Legislative Issues
HB2345: HOA; Condos; For Sale Signs – Homeowner and condo associations are prohibited from banning the display of temporary open house signs, except in common areas. Furthermore, they’re prohibited from regulating a property owner’s “for sale” signs that conform to the industry standards and are owned or used by the seller or the seller’s agent, nor can they require a particular sign. Further, they may not regulate open house hours except for restricting the hours to after 8 a.m. or before 6 p.m. Nor can they prohibit display of “for lease” signs unless the association does not allow leasing of units.
HB2371: Home Inspections – Swimming pools and spas are included in the list of items that a certified home inspector is to examine during a home inspection.
HB2450: Water and Wastewater Fees and Charges – Prohibits a municipality from refusing service or requiring payment for unpaid water and wastewater services from anyone other than the person contracted with the municipality.
HB2766: Tenant Notice; Foreclosures – If the landlord of a residential property of not more than four connected units that is under foreclosure leases a unit, the landlord must provide each tenant with written notice of possible foreclosure. Form of the notice is prescribed and includes, if known, the date, time and place of the foreclosure sale. If a landlord fails to comply with the notice requirement, the tenant may deliver a notice of breach of agreement and recover damages and obtain injunctive relief.
HB2768: Real Property Transfer Fee Covenants – Prohibits private transfer fees paid to developers or third-party companies on the sale of real property. This legislation targets a specific and new type of transfer fee, not those paid homeowner associations. Government-imposed transfer fees are already prohibited by the 2008 constitutional amendment drafted by AAR and passed by the voters.
SB1219: Real Estate Licensee – Conforms the time a real estate license is valid to the time period for completing education requirements (two years). It allows a licensee to cancel his/her licensee, defines business broker and requires a valid fingerprint clearance card before applying for a license.