When an HOA enforces a rule it has no right to enforce, homeowners often have no practical remedy. This bill creates damages and remedies for unlawful HOA enforcement, letting an owner push back when a board oversteps.
In short: Creates remedies and damages when an HOA enforces its rules unlawfully.
Passed House only Pro-homeowner
Prescribes liability damages for associations that attempt to enforce
For homeowners: Pro-homeowner: it makes an association liable for damages ($1,000 first attempt, $2,500 each after) for trying to enforce any governing-document provision prohibited by law, counted per attempt and suable in court. Paired with a written response window, it creates a concrete deterrent against unlawful enforcement. Passed the House only.
What the bill actually does, point by point — from the Arizona Legislature’s official fact sheet.
- of their governing documents that are prohibited by law. History A unit owner or homeowner who receives a written notice that the condition of the unit owner's or homeowner's property is in violation of a requirement of the governing documents may provide the association with a written response within 21 calendar days after the date of the notice.? The association must respond within 10 business days of receiving the
- Stipulates an association that attempts to enforce any provision of their governing documents that is prohibited by law is liable for the following damages: a) for a first attempt to enforce, $1,000; and b) for a second and any additional attempts to enforce, $2,500. (Sec. 1, 2)
- Specifies the association's liability accrues based on the number of attempts to enforce without regard to whether enforcement is attempted against the same or different unit owners of the condominium, or members of the planned community. (Sec. 1,2)
- Asserts a unit owner, or member, has recourse for damages against the association in any court of competent jurisdiction. (Sec. 1, 2)
The A.R.S. sections this bill amends, adds, or repeals — taken from the bill text. Click one to read the current law.
Official bill page (azleg.gov) → Full bill text → Fact sheet / summary → Bill history (LegiScan) →
Organizations and industry insiders who registered a position on this bill through the Legislature’s public Request to Speak system — simply where each stood: For, Against, or Neutral. Individual homeowners are not listed. Whether this bill helps or hurts homeowners is our own read, shown by its label above — a group’s position doesn’t set our call. Each row links to that entity’s report card and to the source at azleg.gov.
The recorded third-reading roll call. On the contested HOA bills this splits along party lines; see a member’s page for detail.
House — 31 Yea / 25 Nay