Overview
A proposal to amend A.R.S. §§ 33-1242 and 33-1803 to amend the violation notice statutes and allow an owner to respond to a violation notice by electronic means in addition to certified mail (currently owners must respond by certified mail). It also requires the initial notice of violation to include the rule or restriction violated, the date of violation, the first and last name of the person witnessed the violation, the process to contest the violation, and notice that the owner can petition for a hearing with Arizona Department of Real Estate to contest the violation. The proposed bill also deletes language prohibiting an association from proceeding with action to enforce the violation until all of the required information is provided.
Key Changes
Current Law
Owners were required to respond to violation notices by certified mail. Violation notices did not need to include specific details about the observer, the exact rule violated, or information about the right to petition the Arizona Department of Real Estate for a hearing. Associations could not proceed with enforcement until all required information was provided.
Proposed Amendment (held in committee)
Owners may respond to violation notices by electronic means in addition to certified mail. Initial violation notices must include the specific rule or restriction violated, the date of violation, the first and last name of the person who witnessed the violation (when requested by the owner), the process to contest the violation, and notice of the right to petition the Arizona Department of Real Estate for a hearing. The prohibition on proceeding with enforcement action before providing all information has been removed.
Legislative Timeline
- March 20, 2025 – Held in House Committee on Government
- March 11, 2025 – House Second Read
- March 10, 2025 – House First Read; Assigned to House Committee on Government and House Committee on Rules
- February 26, 2025 – Senate Third Read; Passed 28-0-2 and transmitted to House
- February 25, 2025 – “Do Pass Amended” recommendation by Senate Committee of the Whole
- February 17, 2025 – Deemed Proper for Consideration by Senate Committee on Rules
- February 12, 2025 – Passed out of Senate Committee on Government with “Do Pass as Amended” recommendation
- February 11, 2025 – Amendment proposed by Senator John Kavanagh. Amendment requires associations to provide the first and last name of the person who observed the violation when requested by the owner.
- February 6, 2025 – Placed on February 12, 2025 agenda for Senate Committee on Government
- February 3, 2025 – Senate Second Read
- January 30, 2025 – Senate First Read; Assigned to Senate Committee on Government and Senate Committee on Rules
Impact
Community associations would need to revise their violation notice templates and procedures to comply with the expanded information requirements.
Associations would establish procedures for responding to owner requests for the identity of violation observers. Management companies and boards will need to maintain accurate records of who witnessed violations and be prepared to provide this information when requested.
The addition of electronic response options requires associations to set up systems for receiving and processing electronic communications from owners regarding violations. Boards would work with legal counsel to ensure their violation enforcement procedures comply with all new requirements while maintaining the ability to proceed with enforcement actions.