Bill Text: AZ HB2698 | 2024 | Fifty-sixth Legislature 2nd Regular | Chaptered

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Bill Title: Declarant control; planned communities

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2024-04-09 - Chapter 124 [HB2698 Detail]

Download: Arizona-2024-HB2698-Chaptered.html

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House Engrossed

 

planned communities; declarant control

(now: declarant control; planned communities)

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

 

 

 

CHAPTER 124

 

HOUSE BILL 2698

 

 

 

An Act

 

amending title 33, chapter 16, article 1, Arizona Revised Statutes, by adding section 33-1820; relating to planned communities.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 33, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 33-1820, to read:

START_STATUTE33-1820. Declarant control

Notwithstanding any provision in the community documents:

1. Each declaration that provides for a period of declarant control of the association shall also provide for a date of or method for calculating the date of the termination of declarant control. 

2. For every planned community, without regard to whether the community documents provide for the termination of declarant control, declarant control terminates NOT LATER THAN the date on which the second to last lot in the planned community is conveyed to a buyer.

3. After TERMINATION of the PERIOD OF declarant control and while the declarant owns one or more lots in the planned community, the association shall:

(a) Provide at least the same level maintenance of common areas that the declarant provided.

(b) not impede the declarant's ability to develop, construct and sell its lots and not impede access to and use of common areas by the declarant in the same manner as other members. END_STATUTE

 

 

 

APPROVED BY THE GOVERNOR APRIL 9, 2024.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 9, 2024.