New Legislation Pertaining To Real Estate In Arizona

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Several weeks ago I wrote an article about Arizona legislation that pertains to the housing market.

Below is some additional legislation that was passed and signed into law by Gov. Jan Brewer.

In most cases, the legislation will become effective July 20.

HB 2005 — As I have discussed in previous columns, there are laws on the books to prevent illegal land divisions.

This bill further clarifies provisions in the law as far as “acting in concert” to circumvent the law and states that familial relationship alone is not sufficient to constitute unlawful acting in concert.

One new aspect of the law is that it states that a creation of six or more lots, parcels or fractional interests is not subject to public report requirements when the sale or lease of another lot, parcel or fractional interest occurs 10 or more years after the sale or lease of another lot, parcel or fractional interest is not subject to public report requirements and is treated as an independent parcel unless upon investigation by the real estate commissioner, it is found that there was evidence of intent to circumvent the subdivision laws. (Pretty confusing —Realtors have asked the Department of Real Estate for a clarification of the above.)

HB 2717 — Homeowners Associations (HOAs) in some instances were charging homeowners for placement of “for sale” or “for lease” signs.

This bill prevents HOAs from charging for the placement of a sign.

SB 1292 — As real estate licensees we are required to complete a minimum of 24 hours of continuing education every two years.

This bill holds our educators to a higher standard for the quality of material they provide.

HB 2153 — Fire sprinklers have been a bone of contention for years between homeowners, builders and the firefighters.

You may recall many years back in Payson there was a successful voter referendum to repeal an ordinance that was felt to be too aggressive by many citizens.

HB 2153 prohibits cities, towns and county boards of supervisors from adopting an ordinance that prevents a person or entity from choosing whether to install or not install fire sprinklers in a single-family residential building containing no more than two dwelling units.

It also prohibits cities, towns and county boards of supervisors from imposing any fine, penalty or other requirement if the property owner chooses not to install fire sprinklers.

In years past, I have noted that many land owners who chose to build in Payson would build homes of a size just less than the square footage that would have mandated the installation of fire sprinklers.

That is just a brief update of new bills. Read more at www.azleg.gov

Ray Pugel is a designated broker with Coldwell Banker Bishop Realty. Contact him at (928) 474-2216.

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