This bill proposes significant updates to the statutes governing homeowner associations in Arizona, specifically addressing unlawful enforcement actions. Under the new provisions, if an association attempts to enforce any provision of its governing documents that is prohibited by law, it will be liable for damages to the unit owner or member. The damages are set at $1,000 for the first enforcement attempt and $2,500 for any subsequent attempts. This liability will accrue regardless of whether the enforcement is directed at the same or different unit owners or members, allowing for recourse in any court of competent jurisdiction.

Additionally, the bill modifies existing language regarding late payment charges and penalties imposed by the board of directors. It maintains the current limits on late payment charges but clarifies that these charges can only be applied after proper notice has been given. The bill also ensures that any monetary penalties for violations of the association's rules are capped similarly, reinforcing the need for transparency and fairness in the enforcement process. Overall, these changes aim to enhance accountability for associations and protect the rights of homeowners and members within planned communities.

Statutes affected:
Introduced Version: 33-1242, 33-1803, 33-1252, 33-1212, 32-2199.01
House Engrossed Version: 33-1242, 33-1803, 33-1252, 33-1212, 32-2199.01