SB 1094 Summary

• Amends Arizona Revised Statutes sections 33-1801 and 33-1802 to clarify the applicability and definitions related to planned communities and homeowners' associations.

• Exempts schools receiving state monies (including charter schools) from regulation by homeowners' associations and prohibits establishment of schools within living units, except homeschools as defined in statute.

• Allows nonprofit corporations or unincorporated associations of owners created before January 1, 1974 to voluntarily elect to be subject to the planned community chapter by obtaining majority member approval and recording a notice of election with the county recorder.

• Clarifies the definition of "association" and "planned community" to exclude certain pre-1974 organizations that lack authority to enforce covenants, conditions, or restrictions unless they affirmatively elect to be subject to the chapter.

• Makes amendments retroactively applicable to July 16, 1994, consistent with the legislature's original intent in enacting the planned community statutes.