SB1454 – HOA Tenants Gone Wild?

Recently, the Arizona legislature passed SB1454.  This bill restricts what tenant information a condominium or planned community can obtain from the landlord.  Now, it is illegal in Arizona to ask for anything more than (1) the first and last name of all adult occupants in a unit, (2) their contact information, (3) vehicle information, (4) beginning and end dates of the lease.  Moreover, age restricted communities can go one step further and require the tenants prove their age through a government issued identification card like a driver’s license.  The law also caps the amount the association can charge to process this information to $25.

Many community managers wonder if this new law prohibits them from getting other documents, like the lease agreement.  Many association CC&Rs require that the landlord provide a copy of the lease agreement when they rent the property.  This new law specifically trumps CC&Rs and states that an association cannot obtain any other information about the tenant other than the information above.  Some managers scream-bummer!  Others are ok with it.  At least the statute now specifically requires the landlord provide something about his or her tenants.

Now, if landlords refuse to provide this information they are in violation of Arizona law and can be fined or even forced to give it up by order of the court.