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Committee approves bill to require clearer HOA violation notices and allow electronic homeowner responses

2309525 · February 12, 2025
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Summary

Senate Bill 13‑37, sponsored by Senator Kavanaugh, would require homeowners associations to include specified information in notices of violation, permit electronic responses and allow members to petition for an administrative hearing. The committee adopted a five‑page amendment and gave the bill a unanimous do‑pass recommendation.

Senate Bill 13‑37, which would tighten procedural requirements for homeowners association violation notices and allow members to respond electronically, received a unanimous do‑pass recommendation from the Senate Committee on Government.

Under current practice, witnesses and homeowner advocates testified, associations sometimes notify owners without full written detail and owners face a burdensome, paper‑based process to contest violations. SB 13‑37 requires an initial written notice of violation to include the alleged violation, the date of the observation, how the member may contest the notice and, upon request, the name of the person who observed the alleged violation. The bill also specifies that written responses from a member may be submitted electronically.

Sponsor Senator Kavanaugh said the change provides due‑process transparency for homeowners and eases administrative burdens by permitting electronic submissions. Committee testimony included homeowners who said they were forced to use certified mail and other onerous steps to preserve appeal rights; Dennis Legere of the Arizona Homeowners Coalition described the change as a way to protect constitutional expression while urging broader enforcement accountability.

The committee adopted a five‑page Kavanaugh amendment that removed the requirement to include the observer’s name in the initial notice while preserving a right to receive the observer’s name upon request. The amendment and bill passed the committee by a recorded vote of 7 ayes, 0 noes.