The mystery of the non-repeal of AZ 33-1258 and 33-1805

Yes, Arizona’s statutes 33-1258 and 33-1805 dealing with HOA record inspections were repealed way back in 1999 by HB2357 (AZ. Sess. L. CH 23). Yet, they were still later amended in the same session by HB 2237 (AZ. Sess. L. CH 297).  Go figure! Both became AZ laws.

Looking to inform the Arizona pubic on the origins of its HOA laws, I discovered a puzzling discrepancy relating to the repeal and sudden re-appearance of ARS 32-1258 and 33-1805.  I cannot find an intervening bill that restored these statutes. The later bill, HB 2237, did not; it just amended them as if had nothing occurred.

(The source of the following information was ALIS, the Arizona Legislative Info System with public access, and the AZ Secretary of State who is responsible for updating ARS.)

In the beginning, Chapter 310 of the AZ Session laws of 1994 created the condo and planned community statutes (chapters 9 and 16, respectively), and created 33-1905 (now 33-1805 in a renumbering of ARS).  In 1996, Ch 236, amended both 32-1258 and the renumbered 33-1805.  This revision stated that Title 10 nonprofit, member corporation law under 10-2325 would also apply to nonprofit HOAs.  I found no 10-2325 in ARS for 1999 nor any bill adding 10-2325.  A mystery, itself.

In 1999, we come to the mystery in question regarding these two statutes.  Sec. 4 of AZ Session Law Ch. 23 (HB 2357) repealed these two statutes.  “Sections 33-1258 and 33-1805, Arizona Revised Statutes, are repealed.”  Yet, it amended ARS 10-11602 that required members of HOAs get special permission from the board in order to inspect HOA records.  The bill was signed by the Governor on April 18, 1999.

However, now comes HB 2237, a bill “relating to business entities” with extensive amendments that included amending 32-1258 and 33-1805.  It was signed by the Governor on May 18, using the “senate engrossed” version, and became law under Ch. 297.  It did not reinstate these 2 statutes, but deleted the mysterious 10-2325 and applied Title 10 requirements for records under ARS 10-11620 and 11621. It also allowed 10-11602 to remain valid law.   So, it appears that all 3 Title 10 statutes now applied to HOAs:  11602, 11620 and 11621.

A mystery exists as to what happened.  Did both the repeal and the amendment bills have effect and CH 297 “wiped out” the repeal?  How could a repealed bill be modified, even in the same session without reference to the bill that contained the repeal?

(In a more complex situation in a later session, several bills modified the same statute in different manners resulting in 3 versions of the statute to exist on record.  They were time dependent, where at a subsequent dates the earlier applicable statute ceased being effective and the second version became effective.)

However, this mystery disappeared and is mute; ARS 10-11602 has been subsequently amended and Ch. 23 Title 10 applicability has been replaced with subsection 10-11602(G) nullifying the applicability of Tile 10 to record inspections?  (Your elected representatives hard at work!)

But, CAI has been arguing Title 10 applicability at ADRE’s OAH due process hearings, and in civil court.