The proposed bill, if enacted, would amend section 9-461.15 of the Arizona Revised Statutes to clarify the regulations surrounding the establishment of associations by subdividers or developers. Under current law, municipalities cannot require the formation of an association as part of subdivision regulations, and any association that is required must only be for the maintenance of private, common, or community-owned improvements. The bill would insert language specifying that if a municipality does require an association, it cannot impose regulations that are more restrictive than existing municipal regulations. Additionally, it would clarify that this applies only to associations established after the effective date of the amendment.
Furthermore, the bill would make minor adjustments to the language regarding community-owned improvements, replacing "community owned" with "community-owned" for consistency. It would also specify that the requirement for associations to be formed applies only to planned communities established in plats recorded after July 24, 2014, rather than the previously vague "effective date of this section." Overall, these changes aim to provide clearer guidelines for municipalities and developers regarding the establishment and regulation of associations in the context of subdivision planning.
Statutes affected: Introduced Version: 9-461.15
House Engrossed Version: 9-461.15