Arizona HOA boards can adopt rules that bind every owner, sometimes without a membership vote. This bill governs how HOAs make rules (the rulemaking procedure) — whether owners get notice and a say before new restrictions take effect.
In short: Governs how HOAs adopt rules (rulemaking procedure).
Introduced — no action Pro-homeowner
SB1659 defines and limits how condominium and planned community associations make and enforce rules. It authorizes rules that protect owners' enjoyment and privacy, sets a reasonableness standard, and bars rules that unreasonably burden fundamental constitutional rights. Critically, it places the burden on the association to prove its rules comply. It also adds construction inspection and deposit timelines for planned communities.
For homeowners: Pro-homeowner: it bars rules that unreasonably burden fundamental rights (including negative online reviews), requires fair and consistent enforcement, and critically shifts the burden onto the association to prove a rule is valid. Fixed construction inspection and deposit-release timelines add predictability for owners building in a planned community.
What the bill actually does, point by point — from the Arizona Legislature’s official fact sheet.
- Authorizes associations to adopt rules to protect owners from unreasonable interference in the enjoyment, privacy, and use of their units, and to address discrimination, accessibility accommodations, lender requirements, and decorum.
- Sets a standard: a rule is reasonable if it is not arbitrary or capricious and is enforced fairly and consistently on all unit owners.
- Bars associations from creating a rule or policy, or taking action, that unreasonably burdens or restricts a fundamental constitutional right, including speech, religion, assembly, petition, due process, privacy, and consumer review protections.
- Places the burden of proof on the association to establish that any rule or policy complies with the section's requirements.
- For planned community new construction, requires final approval meetings and two on-site formal reviews during construction, with timelines to release deposits (30 days to report deficiencies; 180-day maximum hold).
The A.R.S. sections this bill amends, adds, or repeals — taken from the bill text. Click one to read the current law.
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.