Bill Text: AZ SB1337 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced


Bill Title: Homeowners' associations; solar, water devices

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2020-02-25 - Senate majority caucus: Do pass [SB1337 Detail]

Download: Arizona-2020-SB1337-Introduced.html

 

 

 

REFERENCE TITLE: homeowners' associations; solar, water devices

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

SB 1337

 

Introduced by

Senators Mendez: Dalessandro

 

 

AN ACT

 

amending sections 33-439 and 33-1816, Arizona Revised Statutes; relating to real property.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 33-439, Arizona Revised Statutes, is amended to read:

START_STATUTE33-439.  Restrictions on installation or use of solar energy devices or water saving devices or practices invalid; exception

A.  Any covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property which that effectively prohibits the installation or use of a solar energy device as defined in section 44‑1761 any of the following is void and unenforceable:

1.  A solar energy device as defined in section 44-1761.

2.  A water saving device or indoor or outdoor water conservation practice.

B.  A deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property entered into before April 17, 1980 shall not be subject to the provisions of this section. END_STATUTE

Sec. 2.  Section 33-1816, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1816.  Solar energy or water saving devices or practices; reasonable restrictions; fees and costs

A.  Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of any of the following:

1.  A solar energy device as defined in section 44‑1761.

2.  A water saving device or indoor or outdoor water conservation practice.

B.  An association may adopt reasonable rules regarding the placement of a solar energy device or water saving device or the use of a water conservation practice if those rules do not prevent the installation of the device, impair the functioning of the device or practice, or restrict its the use of the device or practice or adversely affect the cost or efficiency of the device or practice.

C.  Notwithstanding any provision of the community documents:

1.  The court shall award reasonable attorney fees and costs to any party who that substantially prevails in an action against the board of directors of the association for a violation of this section.

2.  An association shall provide written notice to members of any rules adopted pursuant to subsection B of this section. END_STATUTE

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