Old deed restrictions sometimes contain covenants that are unenforceable or discriminatory. This bill voids unlawful restrictive covenants and adopts a uniform covenants act, cleaning up what associations can enforce.
In short: Voids unlawful restrictive covenants and adopts a uniform covenants act.
Signed into law (Ch. 58) Pro-homeowner
Establishes the Uniform Unlawful Restrictions in Land Records Act which allows a property owner whose property is subject to an unlawful restriction to submit to the county recorder an amendment to remove the unlawful restriction (amendment). Allows a homeowners' association (HOA) or condominium unit owners' association (COA) governing body to amend the body's governing instrument without a vote to remove an unlawful restriction and prescribes requirements and limitations of an amendment.
For homeowners: Pro-homeowner: it lets an owner record an amendment stripping an unlawful restriction as to their own property and lets an HOA/COA board remove such a restriction without a member vote. The 90-day good-faith determination duty on a member's request adds accountability to actually get illegal covenants off the books. Signed into law (Ch. 58).
Session law: Chapter 58 (Laws 2024)
Signed: Mar 29, 2024
Effective: Sep 14, 2024
What the bill actually does, point by point — from the Arizona Legislature’s official fact sheet.
- Allows an owner of real property subject to an unlawful restriction to submit to the county recorder for recordation in the land records of the county in which the property is located an amendment, only as to the owner's property.
- Requires an amendment by a property owner to identify the owner, the real property affected and the document containing the unlawful restriction.
- Requires the county recorder to record an amendment, add the amendment to the index and cross reference the amendment to the document containing the unlawful restriction.
- Specifies that the county recorder and the county are not liable for recording an amendment.
- Allows an HOA or COA governing body to amend the governing instrument to remove an unlawful restriction without a vote of the members.
- Allows an HOA or COA member to request in a record that sufficiently identifies an unlawful restriction in the governing instrument that the governing body exercise the authority to amend.
- Requires an HOA or COA governing body, within 90 days after receiving a request to amend, to determine, reasonably and in food faith, whether the governing instrument includes the unlawful restriction.
- Requires the HOA or COA governing body to amend the governing instrument to remove an unlawful restriction, if the governing body determines that the governing instrument includes the unlawful restriction.
- Requires an amendment by an HOA or COA to identity only the document containing the unlawful restriction. 10. Deems effective any amendment to remove an unlawful restriction from an HOA or COA governing instrument without a vote of the members, notwithstanding any provision of the governing instrument or any other law that requires a vote of the members to amend the governing instrument. 11. Requires any amendmen
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.