HB2301, which amends A.R.S. Section 33-1808 of the Planned Communities Act and A.R.S. Section 33-1261 of the Condominium Act was signed by the Governor on 04/17/2023. This new law will allow a community association to prohibit a person who is not accompanied by an Association unit owner or resident from entering the Association premises if the Association restricts vehicular and/or pedestrian access (i.e. gated communities).
HB2301 was introduced to address certain misconceptions regarding existing laws as they apply to political activities within community associations. Following passage of HB2301, community associations are still not allowed to prohibit door-to-door political activity; however, community associations may (1) restrict or prohibit door-to-door political activity regarding candidates or ballot issues from sunset to sunrise; (2) require the prominent display of an identification tag for each person engaged in the activity, along with the prominent identification of the candidate or ballot issue that is the subject of the support or opposition; and now (3) prohibit a person who is not accompanied by an Association unit owner or resident from entering the Association premises if the Association restricts vehicular and/or pedestrian access (i.e. gated communities).
Overall, HB2301 is a positive law for Planned Communities and Condominiums as it provides further clarification on important issues related to political activities within the community, and especially within gated communities. Please contact Mulcahy Law Firm, P.C. for assistance regarding any political activity related issues.
