Jan 7, 2021
Homeowners In Arizona: Things Do Not Just Happen. Things Are Made To Happen!
The first legislative session of Arizona is coming up on January 11th, 2021 (41–1101). This is a great opportunity to improve transparency and protect homeowners’ rights by strengthening statutes through the legislative branch. Homeowners deserve to be treated fairly and be informed of what is happening in their communities; they should be encouraged to speak, vote, and participate in the decision-making process of our Arizona communities. Each legislature session is a constant struggle against HOA industry special interests. Groups like Arizona Homeowners Coalition (AZHOC) and Nesso Community Institute (Nesso) want to protect and enhance homeowner’s rights but need your help to stay involved.
During the COVID-19 pandemic homeowners and tenants were provided very limited options when it came to participating in their communities. New bills will be proposed in the following weeks, so we need to act in consequence, in order to protect the rights of homeowners in Arizona, which are seeking justice and fulfillment of property rights. The bills in draft that we are aware of; 2 bills from the short legislature session of 2020 (HB-2483, SB-1412) and one bill rumored to reduce the requirements of CC&R changes.
- HB-2483: The most significant point about this bill is that it prevents the association from limiting voting rights for anything other than delinquent assessments. Both the Arizona Association of Community Managers (AACM) and the Community Association Institute (CAI) have pulled out all stops again this year trying to weaken this bill. These are two of the three primary groups that represent the Homeowner Association Industry. (Further details)
- SB-1412: This bill prevents any association from limiting the homeowners’ fundamental right of free speech on community issues or freedom to assemble peacefully to discuss community issues. It is important to highlight that this bill already passed the Senate with only three (3) dissenting votes. Representative Kavanagh who chairs the House Government committee has agreed to sponsor an exact duplicate bill as was considered last session. (Further details)
- Reducing the Voting Requirements of CC&R Changes: It has been reported that the Community Association Institute (CAI), along with Senator Gray (district 21), is drafting a bill that will allow associations to modify your community’s CC&Rs by a simple majority vote. Currently, most association CC&Rs require nearly all of the homeowners to agree to those community changes. This bill would allow a majority of whoever votes to change the CC&Rs. If only 10% of homeowners vote and 6% say yes, the changes will be approved and a minority of homeowners would then be able to change the rules. Take a minute and contact Senator Gray at rgray@azleg.gov. Please, ask him to ensure that fundamental property rights are upheld and we have transparency with our association’s board of directors.
It is well-known that the Homeowner Association (HOA) industry has established lobbyists and bottomless pockets. The HOA industry includes management companies, attorneys, collection agencies, and service providers which draw most — if not all — of their income from our homeowner associations. United we stand: let’s help all homeowners in the best way we can, otherwise, divided we fall. We need more support from you, the members of the associations which directly power the HOA industry. Homeowners deserve to live free from the constant harassment of real estate lobbyists and developers. Especially now, in this time of pandemic and economic upheaval, Arizona’s homeowners deserve to feel safe and secure in their homes.
In clear, understandable language, new bills should ideally provide detailed information on a variety of legal situations that can arise between neighbors, homeowners, companies, and realtors. If you want things to change you need to get involved with your community and work for change. It is important that you take your time to express your own opinions and defend your rights. Change is only possible if each of us takes an active role in this; if we all work together, provide leadership, support each other, and collaborate then true reform and protection of homeowner’s rights in the common interest communities will be achieved by the collective voice of 3.5 million Arizona homeowners. Things do not just happen. Things are made to happen! And that is ultimately up to us! Let your voices be heard!
