Overview
HB2614 proposes amendments to the statutes governing condominiums and planned communities in Arizona, specifically affecting definitions and limiting the circumstances under which an association may apply an owner’s payments other than as required by statute.
Key Changes
- Amending A.R.S. 33-1202 to revise the definition of “assessment” to specify that an assessment is pursuant to the declaration or A.R.S. 33-1201 et. seq.
- Amending A.R.S. 33-1802 to define “assessment” as “the share of monies that is required for the payment of common expenses and that the association assesses against a property pursuant to the declaration or this chapter.”
- Amending A.R.S. 33-1256 and A.R.S. 33-1807 to label liens as either “common expense” or “judgment,” and to only permit deviations from the statutory application of an owner’s payments when an owner signs an instrument authorizing such deviation.
Legislative Timeline
- January 21, 2026 – House Second Reading
- January 20, 2026 – Introduced; House First Reading; Assigned to House Government and Rules Committees
Impact
HB 2614 clarifies that assessments, as identified in a declaration and applicable law, and not just those that are regularly reoccurring, are subject to an association’s assessment lien clearing prior confusion as to whether a self-help assessment, for example, may be secured by an assessment lien. This bill will also require careful scrutiny in the application of an owner’s payments. In the absence of a written document signed by an owner specifying a different application, associations must apply payments according to applicable law.