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AZ SB1387

Bill

Status

Introduced

2/2/2023

Primary Sponsor

John Kavanagh

Click for details

Origin

Senate

Fifty-sixth Legislature - First Regular Session (2023)

AI Summary

SB 1387 Summary

  • Amends Arizona condominium and planned community law to codify board duties including acting with ordinary prudence, treating members fairly, and exercising discretionary powers reasonably.

  • Establishes indemnification for association directors and officers from liability when duties are performed in compliance with specified standards, with a presumption that directors acted properly unless challenged by clear and convincing evidence.

  • Places burden of proof on parties challenging board actions to establish breach of duty and demonstrate actual harm to individual members or the community, except for actions outside board authority.

  • Removes "grandparent" from the list of relatives that trigger conflict-of-interest disclosure requirements for board members in both condominium and planned community contexts.

  • Legislature declares amendments are clarifying changes consistent with existing case law (Tierra Ranchos Homeowners Association v. Kitchukov) rather than substantive changes to condominium and homeowners association law.

Legislative Description

Homeowner's associations; board duties; indemnification

Duties

Last Action

Senate read second time

2/9/2023

Committee Referrals

Rules2/2/2023
Government Institutions2/2/2023

Full Bill Text

No bill text available