By Tami L. Seekins, Esq.
Before it convened on June 30, 2021, the Arizona State Legislature passed a couple of laws that will impact Community Associations. These new laws become effective on September 29, 2021.
On May 3, 2021, Gov. Ducey signed HB 2170, which amended Arizona’s garnishment statutes. After an association obtains a personal judgment against an owner and the owner fails to voluntarily pay the judgment, the association’s legal remedy is to collect the judgment with a garnishment.
There are two (2) types of garnishments: (1) an earnings garnishment, also known as a wage garnishment; and (2) non-earnings garnishment, such as a bank account garnishment.
In a wage garnishment, a court will order an employer to withhold up to 25% of a person’s non-exempt earnings for the payment of a judgment. In a non-earnings garnishment, a court will order a third-party, such as a bank holding funds or property of the debtor, to transfer that money or property to the creditor.
Previously a judgment creditor, such as an association, could not collect attorneys’ fees related to a garnishment. Therefore, the association bore the full cost of using a garnishment to collect a court judgment. This new law allows associations to request incurred attorneys’ fees for the garnishment, if those fees are allowed by the judgment or contract. In passing this bill, the Arizona legislature acknowledged that the costs to enforce a court judgment against a judgment debtor rightly belongs on the judgment debtor, not on the judgment creditor.
SB 1722 allows an individual to display a political sign up to seventy-one (71) days before an election and extends the time a sign can remain displayed, up to fifteen (15) days after the general election. If the sign is for a candidate in a primary election who does not advance to the general election, then the owner must remove the sign fifteen (15) days after the primary election.
Arizona remains at the forefront of many hot political issues, and Community Associations should expect owners and residents to continue to express their political views through the display of political signs.
The information provided herein is for reference purposes only, is general in nature, and is not intended as legal advice. For specific questions or legal issues regarding your association, please contact us at 480-219-3633.