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AZ SB1387
Bill
Status
2/2/2023
Primary Sponsor
John Kavanagh
Click for details
AI Summary
SB 1387 Summary
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Amends Arizona condominium and planned community law to codify board duties including acting with ordinary prudence, treating members fairly, and exercising discretionary powers reasonably.
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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.
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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.
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Removes "grandparent" from the list of relatives that trigger conflict-of-interest disclosure requirements for board members in both condominium and planned community contexts.
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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