Bill Text: AZ HB2778 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Homeowners' associations; rainwater systems
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-11 - Referred to House GOV Committee [HB2778 Detail]
Download: Arizona-2010-HB2778-Introduced.html
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REFERENCE TITLE: homeowners' associations; rainwater systems |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2778 |
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Introduced by Representative Young Wright
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AN ACT
amending title 33, chapter 9, article 3, Arizona Revised Statutes, by adding section 33-1262; amending section 33-1816, Arizona Revised Statutes; relating to condominiums and planned communities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 9, article 3, Arizona Revised Statutes, is amended by adding section 33-1262, to read:
33-1262. Rainwater harvesting; reasonable restrictions; fees and costs; definition
A. Notwithstanding any provision in the condominium documents, an association shall not prohibit the installation or use of rainwater harvesting systems that are intended to act as a water saving device. An association may adopt reasonable rules that govern the aesthetics, dimensions and placement, external appearance and definition of rainwater harvesting systems if those rules do not prevent the installation or impair the functioning of the device or system, restrict its use or adversely affect the efficiency of the device or system.
B. Notwithstanding any provision of the condominium documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.
C. For the purposes of this section, "rainwater harvesting systems" includes:
1. Active systems that collect and store harvested rainwater in a cistern, tank or barrel for later use and that require the use of a valve or a timer to access the water.
2. Passive systems that receive harvested rainwater, including runoff from rooftops, driveways and other surfaces as well as direct rainfall, and that collect the rainwater in concave earthworks or rain gardens that store the rainwater in the soil and that do not require use of a valve or timer to access the water.
Sec. 2. Section 33-1816, Arizona Revised Statutes, is amended to read:
33-1816. Solar energy devices; rainwater harvesting; reasonable restrictions; fees and costs; definition
A. Notwithstanding any provision in the community documents, an association shall not prohibit:
1. The installation or use of a solar energy device as defined in section 44‑1761.
B. An association may adopt reasonable rules regarding the placement of a solar energy device if those rules do not prevent the installation, or impair the functioning of the device, or restrict its use or adversely affect the cost or efficiency of the device.
2. The installation or use of rainwater harvesting systems that are intended to act as a water saving device. An association may adopt reasonable rules that govern the aesthetics, dimensions and placement, external appearance and definition of rainwater harvesting systems if those rules do not prevent the installation or impair the functioning of the device or system, restrict its use or adversely affect the efficiency of the device or system.
C. B. Notwithstanding any provision of the community documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.
C. For the purposes of this section, "rainwater harvesting systems" includes:
1. Active systems that collect and store harvested rainwater in a cistern, tank or barrel for later use and that require the use of a valve or a timer to access the water.
2. Passive systems that receive harvested rainwater, including runoff from rooftops, driveways and other surfaces as well as direct rainfall, and that collect the rainwater in concave earthworks or rain gardens that store the rainwater in the soil and that do not require use of a valve or timer to access the water.
