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Updated Sep 6, 2013 - 5:25 pm

Lawsuit settlement nullifies new HOA law

PHOENIX — An election law passed by the Legislature and signed by Gov. Jan
Brewer in June will have key provisions targeting homeowners associations
stripped out under terms of a lawsuit settlement.

All but one provision of SB 1454 that affect HOAs will be nullified under the
settlement agreed to Friday by the Arizona Attorney General and plaintiffs who
sued. Plaintiffs lawyer Tim Hogan says the law violated a constitutional
provision requiring bills to address only one subject. The surviving provision
deals with elections signs.

Rep. Michelle Ugenti of Scottsdale added provisions to an unrelated election
law that included forbidding local governments from requiring developers to
establish a homeowner association and banning associations from performing
background checks on tenants.

A judge must still sign off on the settlement.


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