Overview
SB 1674 codifies that both condominium and planned community associations have “both the authority and the duty, with reasonable discretion,” to enforce governing documents, and to provide that all enforcement actions taken by an association are a public record of the association.
Key Changes
- Amending A.R.S. 33-1243 and A.R.S. 33-1811 to:
- Provide that both condominium and planned community associations have “both the authority and the duty, with reasonable discretion, to enforce the association’s governing documents to protect property values” in the community;
- Provide that, “to be reasonable, the association’s enforcement may not be optional, arbitrary, capricious or selective,” and the association must treat all members fairly; and
- Provide that “all enforcement actions take by the association are a public record of the association,” and are subject to disclosure in response to a member’s records request.
- Amending A.R.S. 33-1202, A.R.S. 33-1215, and A.R.S. 33-1245 non-substantively (i.e., changing references to other statutory sections).
Legislative Timeline
- February 9, 2026 – Senate Second Reading
- February 5, 2026 – Introduced; Senate First Reading; Assigned to Senate Government and Rules Committees
Impact
Overall, SB 1674 emphasizes transparency, fairness, and accountability in the actions of boards of directors and managers, while also acknowledging that the enforcement of governing documents is to protect property values. If adopted, boards of directors will need to review and possibly update their violation enforcement policies to ensure uniform enforcement, or adopt such a policy if one is not already in place. Board of directors may also need to review and possibly update their records retention policies if records of member violations are presently considered privileged records not subject to disclosure.