Here is a brief summary of the major policy changes in 2010:
HB 2345 – HOA; Condos, For Sale Signs: Prohibits HOA’s from regulating or requiring a particular ‘For Sale’ sign. The bill also allows the right to display a ‘For Lease’ sign, unless rental of units is specifically prohibited by the community. The bill prohibits homeowners’ and condo associations from banning the display of temporary open house signs except in common areas and from restricting open house hours after 8:00 a.m. or before 6:00 p.m. And property owner signs that conform to industry standards cannot be prohibited or required to be substituted with a particular community sign.
HB 2450 – Water/Wastewater Fees & Charges: Previously municipalities throughout the state were requiring property managers and REALTORS® to pay previous owner’s/tenant’s unpaid water bills before they would turn service on to sell a property or for the new owner or tenant. With the passage of HB 2450, municipalities are now prohibited from refusing or requiring payment for unpaid water and wastewater services from anyone other than the person who contracted with the municipality.
HB 2766 – Tenant Notice; Foreclosures: Due to the concerns raised about the number of rental properties that were in foreclosure and what that meant for the tenants renting the properties, HB 2766 says that if a landlord of a residential property rents out a unit that is under foreclosure, the landlord must provide each tenant with written notice of possible foreclosure. If a landlord fails to comply with the notice requirement, the tenant may deliver a notice of breach of agreement and recover damages and obtain injunctive relief.
HB 2768 – Real Property Transfer Fee Covenants: Arizona is one of only four states this year that, at the specific request of the National Association of REALTORS®, secured legislative passage of a new law that prohibits the use of transfer fees to be paid to developers or third-party companies on the sale of real property. Arizona voters had already overwhelmingly approved a REALTOR®-proposed state constitutional amendment banning transfer taxes at the state, county and local levels.
SB 1219 – Real Estate Licensee: This law outlines the time a real estate license is valid to the time period for completing education requirements, now two years (previously 4 years). It allows a licensee to cancel his/her license, defines business broker and requires a valid fingerprint clearance card before applying for a license.
