HB 2090 Arizona House · 57th Legislature - First Regular Session

acting in concert; evidence; exceptions

HB 2090 prohibits individuals or groups from acting together to divide a single parcel of land into six or more lots within ten years, which would bypass standard land subdivision regulations. This directly affects property owners, developers, and real estate entities who might attempt to circumvent rules through multiple transactions or owners. The law specifies exceptions for family relationships, well-sharing agreements, road maintenance agreements, and using the same contractor in counties under 500,000 residents. It clarifies that either the county or the state real estate department can enforce this rule, but not both, while updating related land division approval processes.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
House Passage
Feb 2025
Senate Passage
Apr 2025
Vetoed
Apr 2025
Introduced Jan 10, 2025 Vetoed Apr 15, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version House Engrossed Version · 5 edits · Apr 9, 2025
MODERATE
This bill updates Arizona's land division and subdivision laws to clarify exceptions for 'acting in concert' when dividing property. It adds specific exceptions (well share agreements, road maintenance agreements, and contractor use in smaller counties) that alone do not constitute unlawful acting in concert, making it easier for families and small communities to divide property legally. The bill also expands the definition of unlawful acting in concert to include selling or leasing lots in addition to dividing land.
Scope change
The bill applies to both land divisions under ARS 11-831 and subdivision notices under ARS 32-2181, covering both the division of land and the sale/lease of subdivided lots.
REQUIREMENT

Added specific exceptions to the 'acting in concert' prohibition, including well share agreements, road maintenance agreements, and contractor use in counties under 500,000 population, which alone cannot be used to prove unlawful acting in concert.

Expanded the definition of unlawful acting in concert to include selling or leasing six or more lots using a series of owners or conveyances, not just dividing land.

Added new subsection G to ARS 11-831 allowing counties to waive preliminary plat requirements for subdivisions of ten or fewer lots under certain conditions.

Added new subsection H to ARS 11-831 providing definitions for 'legal access' and 'minimum applicable county zoning requirements'.

DEFINITION

Clarified that familial relationships alone are not sufficient to constitute unlawful acting in concert.

Floor votes · House Feb 12, 2025

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
15
Key actions
5
Committee
2
Apr 15, 2025
Vetoed
Vetoed by Governor
executive
Apr 9, 2025
Upper · Passed
PASSED
upper
Apr 3, 2025
Upper · Passed
DP
upper
Mar 5, 2025
Upper · Passed
DP
upper
Feb 12, 2025
Lower · Passed
PASSED
lower
Jan 27, 2025
Lower · Passed
DP
lower
1 primary · 3 co-sponsors

Sponsors