HB 2866 — homeowner's associations; unlawful enforcement; damages

Fifty-seventhHouse LegislatureEngrossed Firsthomeowner's Regularassociations; Session COMMITTEE ON COMMERCE HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

2866unlawful (Referenceenforcement; to printed bill) Amendment instruction key:

[GREENdamages UNDERLININGState INof BRACKETS]Arizona indicatesHouse textof addedRepresentatives toFifty-seventh statuteLegislature orFirst previouslyRegular enactedSession sessionHOUSE law.BILL 2866 AN ACT AMENDING SECTIONS 33-1242 AND 33-1803, ARIZONA REVISED STATUTES;

[GreenRELATING underliningTO inCONDOMINIUMS brackets]AND indicatesPLANNED textCOMMUNITIES. added to new session law or text restoring existing law.

[GREEN(TEXT STRIKEOUTOF INBILL BRACKETS]BEGINS indicatesON newNEXT textPAGE) removed- fromi statute- orH.B. previously enacted session law.

[Green2866 strikeoutBe init brackets]enacted indicatesby textthe removedLegislature fromof existingthe statute,State previouslyof enactedArizona: session law or new session law.

<<Green carets>> indicate a section added to the bill.

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

Impose and receive any payments, fees or charges for the use, rental or operation of the common elements other than limited common Houseelements Amendmentsdescribed in section 33-1212, paragraphs 2 and 4 and for services provided to H.B.unit owners.

2866 elements described in section 33-1212, paragraphs 2 and 4 and for services provided to unit owners.

15.- 1 - H.B.

2866 15.

Unless the information required in subsection C, paragraph 4 of this section is provided in the notice of violation, the association shall -2-not Houseproceed Amendmentswith any action to H.B.enforce the condominium documents, including the collection of attorney fees, before or during the time prescribed by subsection C of this section regarding the exchange of information between the association and the unit owner and shall give the unit owner written notice of the unit owner's option to petition for an administrative hearing on the matter in the state real estate department pursuant to section 32-2199.01.

2866 not proceed with any action to enforce the condominium documents, including the collection of attorney fees, before or during the time prescribed by subsection C of this section regarding the exchange of information between the association and the unit owner and shall give the unit owner written notice of the unit owner's option to petition for an administrative hearing on the matter in the state real estate department pursuant to section 32-2199.01.

1.- 2 - H.B.

2866 1.

[2.2.

FOR A SECOND ATTEMPT TO ENFORCE, $10,000.] [3.] [2.] FOR A [THIRD] [SECOND] AND ANY ADDITIONAL ATTEMPTS TO ENFORCE, [$100,000]$2,500. [$2,500].

Notwithstanding any provision in the community documents, the board of -3-directors Houseshall Amendmentsnot toimpose H.B.a charge for a late payment of a penalty that exceeds the greater of fifteen dollars $15 or ten percent of the amount of the unpaid penalty.

2866 directors shall not impose a charge for a late payment of a penalty that exceeds the greater of fifteen dollars $15 or ten percent of the amount of the unpaid penalty.

A member who receives a written notice that the condition of the property owned by the member is in violation of the community documents without regard to whether a monetary penalty is imposed by the notice may provide the association with a written response by sending the response by certified mail within twenty-one calendar days after the date of the notice.- 3 - H.B.

2866 notice.

[2.2.

FOR A SECOND ATTEMPTAND TOANY ENFORCE,ADDITIONAL $10,000.]ATTEMPTS -4-TO HouseENFORCE, Amendments$2,500. to H.B.

2866 [3.] [2.] FOR A [THIRD] [SECOND] AND ANY ADDITIONAL ATTEMPTS TO ENFORCE, [$100,000] [$2,500].

Enroll- and4 engross- to conform Amend title to conform And, as so amended, it do pass JEFF WENINGER CHAIRMAN 2866COMMERCE.docx 02/18/2025 05:54 PM H:

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