Bill > SB1431

This bill aims to limit the power of municipalities in Arizona regarding planned communities and home design. It prohibits municipalities from requiring developers to establish homeowner's associations (HOAs) or condominium associations to maintain shared features or amenities, unless mandated by federal law, and also disallows requirements for gates, walls, fences, or controlled access. Furthermore, the bill prevents municipalities from dictating specific design elements for single-family homes and accessory dwelling units (ADUs), such as screening, walls, fences, materials, colors, window styles, roof designs, façade elements, floor plans, garage types, decorative lighting, outdoor improvements, or driveway paving, thereby protecting a home buyer's right to choose these aspects. While municipalities can still enforce building codes, fire codes, public health and safety regulations, utility requirements, minimum parking, and dark sky ordinances, they cannot deny or delay building permits based on the newly prohibited design restrictions. Exceptions to these design restrictions include homes in historically designated areas or on tribal land, or in high noise zones near military airports.

Government Affairs

https://apps.azleg.gov/BillStatus/BillOverview/85000