Arizona 2022 2022 Regular Session

Arizona House Bill HB2131 Comm Sub / Analysis

                     
  	HB 2131 
Initials SJ 	Page 1 	Government & Elections 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
 
 
HB 2131: HOAs; artificial grass ban prohibited 
Sponsor: Representative Kavanagh, LD 23 
Committee on Government & Elections 
Overview 
States that a planned community association may not prohibit installing or using artificial grass on 
a member's property. 
History 
An association, also known as a homeowners' association (HOA), is a nonprofit corporation or 
unincorporated association of owners that is created pursuant to a declaration to own and operate 
portions of a planned community. An HOA has the power under the declaration to assess 
members to pay the costs and expenses incurred in the performance of the association's 
obligations under the declaration (A.R.S. § 33-1802). 
A planned community is a real estate development that includes real estate owned and operated 
by a nonprofit corporation or unincorporated association of owners that is created for the purpose 
of managing, maintaining or improving the property (A.R.S. § 33-1802). 
Provisions 
1. Stipulates that an HOA may not prohibit the installation or use of artificial grass on any 
member's property if the HOA allows grass on a member's property. (Sec. 1) 
2. Allows an HOA to adopt reasonable rules regarding the appearance and installation of artificial 
grass if the rules do not prevent installing or using artificial grass. (Sec. 1) 
3. Authorizes an HOA to reject or require the removal of a member's artificial grass if it creates 
a health or safety issue that the member does not correct. (Sec. 1) 
4. Directs the court to award reasonable attorney fees and costs to any party that prevails as 
determined by the court in an action against an HOA for a violation. (Sec. 1) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note