HB 2590 — real estate disclosures; water; solar

If no legal access is NOT available, the legal access does not allow access by emergency vehicles or the county zoning requirements are not met, the access or zoning deficiencies shall be noticed in the deed.

If a county by ordinance requires a legal access of more than twenty-four feet roadway width, the county is responsible for the improvement and maintenance of the improvement.

If the legal access does not allow access to the lots, parcels or fractional interests by emergency vehicles, neither the county nor its agents or employees are liable for damages resulting from the failure of emergency vehicles to reach the lot, parcel or fractional interest.

F.

It is unlawful for a person or group of persons acting in concert to attempt to avoid this section or the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or sell or lease six or more lots by using a series of owners or conveyances.

Either the county where the division occurred or the state real estate department pursuant to title 32, chapter 20, but not both, may enforce this prohibition.

A familial relationship alone is not sufficient to constitute unlawful acting in concert.

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2590 G.

For any subdivision that consists of ten or fewer lots, tracts or parcels, each of which is of a size as prescribed by the board of supervisors, the board of supervisors of each county may waive the requirement to prepare, submit and receive approval of a preliminary plat as a condition precedent to submitting a final plat and may waive or reduce infrastructure standards or requirements except for improved dust-controlled access and minimum drainage improvements.

H.

For the purposes of this section:

1.

"Legal access" means a public right of vehicular ingress and egress between the lots, parcels or fractional interests being created.

2.

"Minimum applicable county zoning requirements" means the minimum acreage and dimensions of the resulting lot, parcel or fractional interest as required by the county's zoning ordinance.

3.

"Utility easement" means an easement of eight feet in width dedicated to the general public to install, maintain and access sewer, electric, gas and water utilities.

Sec.

2.

Section 32-2185.09, Arizona Revised Statutes, is amended to read:

32-2185.09.

Civil penalties;

limitation A.

A subdivider or agent who is subject to the jurisdiction of the department, who violates this chapter or any rule adopted or order issued by the commissioner or who engages in any unlawful practices defined in section 44-1522 with respect to the sale or lease of subdivided lands may be assessed a civil penalty by the commissioner, after a hearing, in an amount not to exceed one thousand dollars $2,000 for each infraction.

An infraction which THAT concerns more than one lot in a subdivision is a single infraction for the purposes of this section.

B.

A proceeding for imposition of a civil penalty or for suspension or revocation of a license for a violation of this article or any rule adopted or order issued by the commissioner must be commenced within five years of actual discovery by the department or discovery which THAT should have occurred with the exercise of reasonable diligence by the department.

C.

A subdivider who sells or leases in this state any lots, parcels or fractional interest in a subdivision without first obtaining a public report from the commissioner except as provided in section 32-2181.01 or 32-2182.02 32-2181.02 for a lot or lots created from and after December 31, 2008 and on an order issued by the commissioner, may be assessed a civil penalty by the commissioner, after a hearing, in an amount not to exceed five thousand dollars $5,000 for each infraction.

A proceeding for the imposition of a civil penalty or suspension or revocation of a license for a violation of this subsection or any rule adopted or order issued by the commissioner must be commenced within five years of AFTER actual discovery by the department or discovery that should have occurred with the exercise of reasonable diligence by the department.

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2590 Sec.

3.

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IF THE PROPERTY IS SERVED BY A WATER SUPPLY THAT REQUIRES THE TRANSPORTATION OF WATER TO THE PROPERTY, THE SELLER SHALL DISCLOSE THE NAME AND CONTACT INFORMATION OF THE WATER HAULER OR WATER HAULING COMPANY THAT IS CURRENTLY PROVIDING THE TRANSPORTATION SERVICES TO THE PROPERTY AND THE - 25 - H.B.

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§ 11-831 AND § 32-2181 regarding land divisions.

IT IS UNLAWFUL PURSUANT TO § 11-831, SUBSECTION F AND § 32-2181, SUBSECTION D FOR A PERSON OR GROUP OF PERSONS TO ATTEMPT TO AVOID THE SUBDIVISION LAWS OF THIS STATE BY ACTING IN CONCERT TO DIVIDE A PARCEL OF LAND INTO SIX OR MORE LOTS OR PARCELS.

THE COUNTY WHERE THE LAND DIVISION OCCURRED OR THE STATE REAL ESTATE DEPARTMENT MAY INVESTIGATE AND ENFORCE THE PROHIBITION AGAINST ACTING IN CONCERT TO UNLAWFULLY DIVIDE A PARCEL OF LAND INTO SIX OR MORE LOTS OR PARCELS.

____________________________________________________ ______________________________________________________________ ______________________________________________________________- This7 affidavit- ofH.B. disclosure supersedes any previously recorded affidavit of disclosure.

2590 ______________________________________________________________ 3 This affidavit of disclosure supersedes any previously recorded affidavit of disclosure.

-Dated 4this -(date) H.B.__ day of (year) by:

2590 Dated this (date) __ day of (year) by:

-APPROVED 5BY -THE GOVERNOR APRIL 18, 2023.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 18, 2023.

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