2016 saw a flurry of new laws here in Arizona. Below are short descriptions of the new laws I think real estate agents, brokers and their clients need to be aware of. These changes affect our licenses, property taxes, HOAs and rooftop solar. But, my favorite new law states cities, towns and County Boards of Supervisors must consider individual personal property rights and personal liberties before adopting a zoning ordinance. I have linked each bill to the Arizona State Legislature website so you can read the new law for yourself.
HB 2106 – Homeowners receiving a notice of violation from their HOA have 21 days to send their response via certified mail. The old time limit was 10 days.
HB 2172 – Forbids planned communities from unreasonably withholding approval of a construction project architectural designs, plans or amendments.
HB 2191 – Cities, towns and counties cannot adopt ordinances requiring employers to adjust employee work schedules.
HB 2304 – A requirement that new rental agreements at mobile home parks specifically disclose, in writing, if the tenant and not the park is responsible for maintaining any trees in the space.
HB 2440 – Cities and towns wishing to form and improvement district must seek and receive approval of more than 50% of the property owners affected.
HB 2447 – Businesses located in Maricopa and Pinal counties can now publish their Articles of Incorporation and other legal notices on a new web site set up by the Arizona Corporation Commission.
HB 2474 – Small Cities or Towns may adopt regulations allowing a replacement mobile home located in areas previously flooded to be elevated as part of their flood management plan.
HB 2481 – Describes methodology school districts may use to levy property taxes. Also provides that once a district has paid the bond issue off, if funds remain in the debt service account, funds will be used to reduce school district taxes.
HB 2597 – Provides that delinquent property taxes bear an interest rate of 10% per year simple interest. Reduced from 16%/year.
HB 2622 – A Water Improvement District or Wastewater Improvement District may be limited in the amount it may tax land owners by the Governing Board or County Board of Supervisors.
HB 2652 – Definition and requirements to be considered a Qualified Marketplace Contractor
SB 1157 – Changes property tax delinquency date from November 1 to December 31 at 5pm.
SB 1193 – DB may comply with possession of salesperson and associate broker real estate license requirement by specified electronic means.
SB 1235 – Cities, Towns and County Boards of Supervisors must consider individual property rights and personal liberties before adopting zoning ordinances.
SB 1350 – short-term rentals. Cities, towns and counties cannot prohibit or restrict short term rentals. Online companies offering these services may now collect the TPT taxes and forward them to the State Department of Revenue. This bill allows the same TPT consolidation for traditional property managers as well.
SB 1417 – Provides installation of distributed energy systems (including rooftop solar) must be by licensed contractor, specifies lease or financed contract requirements, specifies warranty requirements, requires methodology for claiming utility savings be explained, application for interconnection is required, and other mandatory requirements solar and other distributed energy system contractors and providers must adhere to.
SB 1432 – Setting up a separate property tax category for vacant land which has a conservation easement that limits development by the owner.
Creates new property class for real property burdened by conservation easement, registration requirement and property tax amount.
SB 1498 – Determination and notice to homeowner by HOA of delinquent dues. Homeowner’s right for administrative hearing.