Bulletin: AZ2015002

Dear Associates:

The Arizona Legislature adjourned its 2015 regular session sine die in the early hours of April 3, 2015. The 81-day session was the shortest session in nearly fifty years. This year, the Legislature introduced 1,163 bills, sent 344 bills to the Governor's desk, 324 were signed into law, and 20 were vetoed. 

The following is a summary of legislation that was passed during the 2015 legislation.  

BILLS THAT PASSED 

Bills listed below will become effective on July 3, 2015, unless otherwise noted. 

HB 2084 (condominiums; planned communities; associations; disclosures) [Chapter 21],moves the responsibility of storing contact information for HOAs and their management companies from the County Recorders to the Arizona Corporation Commission. Effective July 3, 2015, HOAs will be required to submit up-to-date contact information in conjunction with their annual reports to the ACC, and will be required to update information within 30 days of any change. Amends ARS 10-11622, 33-1242, 33-1256, 33-1803, and 33-1807.

HB 2311 (judgment liens; recordation; real property) [Chapter 110] allows a certified copy of a judgment of any court in Arizona to be filed with the County Recorder and become a lien on a judgment debtor’s real property. This allows justice court and municipal court judgments to become a lien without first having to be filed in superior court. The bill is only applicable to judgments recorded on January 1, 2016, and thereafter. Amends ARS 33-961 and 33-962. 

HB 2335 (insurance compliance audit privilege) [Chapter 55] is a follow-up to last year’s insurance audit privilege legislation and expands the privilege to any insurance compliance audit document instead of only self-audit documents. The bill also removes last year’s requirement to notify the State’s Department of Insurance prior to the initiation of the audit. Amends ARS 20-3301 and 20-3302. 

HB 2653 (tax liens; delinquency; partial payments) [Chapter 324] eliminates the requirement that a person pay 16% interest when redeeming a real property tax lien in Maricopa County. The person redeeming the tax lien will now pay the rate stated in the certificate of purchase. This eliminates the funding source for the Maricopa County Elderly Assistance Fund. Amends ARS 42-18153. 

SB 1135 (tax liens; delinquency; partial payments) [Chapter 322] allows partial payments of delinquent taxes in Maricopa County up to 25% of the principal amount. Amends ARS 42-18056, 42-18121, 42-18152, 42-18154, 42-18201, and 42-18202. 

SB 1218 (county recorder; recording fees) [Chapter 67], establishes fixed recording fees for deeds that transfer, convey or affect interest in real property ($15), deeds of trust or mortgages ($25), and releases of a deed of trust or mortgage ($10). Fixed fees are needed to comply with new federal regulations that take effect in October 2015. Amends ARS 11-475.

SB 1316 (subpoena compliance; copying; clerical costs) [Chapter 232] adjusts for inflation the “reasonable costs” that a third party may receive for producing documentary evidence pursuant to a subpoena. The reasonable cost for the reproduction of documents is increased to 25 cents per page, from 10 cents per page. The reasonable cost for clerical work associated with locating and making documents available is increased to $25 per hour, from $10 per hour.Amends ARS 12-351. 

SB 1447 (foreign country money judgments; enforcement) [Chapter 170] establishes a procedure for recording foreign-country judgments and requires a court to recognize a judgment of a court of a foreign country unless specific conditions are met. Adds Chapter 25 to ARS Title 12. 

SB 1448 (trustee's sale; foreclosure; notice; recording) [Chapter 190] requires a prescribed statement to be included on a notice of trustee’s sale stating that if there is a defense or objection to the sale, an action must be filed and a court order obtained in order to stop the sale.Amends ARS 33-808. 

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