The bill HB2698 amends the Arizona Revised Statutes by adding section 33-1820, which pertains to planned communities and homeowners' associations (HOAs). The bill sets out new requirements for the termination of declarant control of an HOA. Specifically, it mandates that each declaration that allows for a period of declarant control must also provide a date or a method for calculating the date when this control will end. Additionally, regardless of what the community documents state, the bill stipulates that declarant control must end no later than when the second to last lot in the planned community is sold to a buyer.

After the period of declarant control has ended, and while the declarant still owns one or more lots in the community, the HOA is required to maintain the common areas at least to the same standard as the declarant did. Furthermore, the HOA must not hinder the declarant's ability to develop, construct, and sell their lots, nor impede the declarant's access to and use of common areas in the same way as other members.

Statutes affected:
Introduced Version: 33-1820
House Engrossed Version: 33-1820
Chaptered Version: 33-1820