Bill > HB2588

This bill, concerning municipal planning and design in Arizona, aims to limit the authority of municipalities in several ways. Firstly, it amends existing law to clarify that municipalities cannot mandate the establishment of a homeowner's association (HOA) as a condition for subdividing or developing land, nor can they penalize developers for not creating a planned community. However, municipalities can still require HOAs for maintaining common areas or community-owned property if established after July 24, 2014. Crucially, the bill prohibits municipalities from requiring shared amenities that necessitate an HOA or similar association for maintenance, or from mandating perimeter enclosures like gates or walls, unless required by federal law. Secondly, the bill introduces new provisions that prevent municipalities from interfering with a home buyer's choices regarding the features, design, and layout of their home, and prohibits them from enforcing codes or ordinances that dictate specific design elements such as materials, colors, window styles, roof pitches, façade designs, floor plans, garage types, outdoor improvements, or driveway paving for single-family homes or accessory dwelling units (ADUs), which are defined as secondary housing units on the same lot as a primary residence. These restrictions do not apply to historical districts, nationally registered historic places, tribal lands, or areas near military airports, and they do not override building codes, fire codes, public health and safety regulations, utility requirements, minimum parking rules, or dark sky ordinances.

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https://apps.azleg.gov/BillStatus/BillOverview/84390