AZ LEG Property Unlawful Restrictions

On Mar. 25, AZ LEG passed bill on real property unlawful restrictions.

  • AZ LEG passed bill SB 1432 on unlawful restrictive covenants on real property.
  • Amends AZ LEG 33-4 by adding article 7 relating to conveyances and deeds.
  • Bill Provisions
  • Adds definitions relating to property, governing instrument, unlawful restrictions.
  • Owner of real property subject to unlawful restriction may submit to recorder for recording in the lands records for the county to remove the unlawful restriction.
  • Governing body of association of owners of a governing instrument, such as board of directors for condo, may amend governing instrument to remove unlawful restriction.
  • The governing body must make its decision within 90 days of the removal request.
  • Amendment must identify the owner, real property affected, and document containing the unlawful restriction, including specific language regarding the removal decision.
  • Legislative History
  • On Jan. 30, 2024, bill introduced in the Senate; on Feb. 29, 2024, bill passed Senate.
  • On Feb. 29, 2024, bill introduced in House; on Mar. 21, 2024, bill passed in the House.
  • On Mar. 25, 2024, bill sent to governor, awaits signature/approval or veto override.
  • Effectiveness
  • Bill effective on Sep. 14, 2024 (91 days after Jun. 15 adjournment).
  • Mar. 29, 2024 AZ LEG Governor Approval
  • On Mar. 29, 2024, AZ LEG Governor approved bill SB1432 and assigned chapter 58.

Regulators AZ LEG
Entity Types CNSM; Corp
Reference Bill, Ch. 58, 3/29/2024; Bill, SB1432, 3/25/2024; Citation: AZ LEG 33;
Functions Compliance; Legal; Record Retention
Countries United States of America
Products Corporate
Regions Am
Rule Type Final
Rule Date 3/25/2024
Effective Date 9/14/2024
Rule Id 205943
Linked to N/A
Reg. Last Update 3/29/2024
Report Section US Consumer

Last substantive update on 04/07/2024