By Howard Fischer Capitol Media Services | Arizona Daily Star
Cities and counties would be prohibited from requiring developers to establish “planned communities” with home owner associations as a condition of getting permits or a rezoning under a bill approved by the state Senate on Wednesday.
Nothing in what is now HB 2518 would stop a developer from establishing a planned community, complete with an HOA board – and all of the rules and regulations – for buyers who want that kind of structure. But they couldn’t be forced to do it.
The measure, which still must be approved by the House, would also not preclude a requirement to ensure that residents in a subdivision contribute to maintaining common areas, walls or even privately owned streets.
But it would bar any mandate to set up homeowners associations with all of their rules about everything from parking to the size of flagpoles to when the trash can be put out – with citations for violations.
