Sunday, September 08, 2013

AG’s Office: Verdict kills new HOA laws

AG’s Office: Verdict kills new HOA laws: PHOENIX — Concluding state legislators likely violated the Arizona Constitution, the Attorney General’s Office has agreed not to enforce some new laws governing homeowner associations.

In an agreement filed Friday, the state agreed to accept a court order that eight separate provisions of SB1454 were enacted illegally and are void. These include language that was designed to prohibit cities and counties from requiring developers to established planned communities as a condition of getting the necessary zoning or permits.

It also knocks out another section that would have limited the ability of associations from demanding that homeowners furnish them with certain information about those to whom they rent their units. Also gone are various changes in things like casting absentee ballots in HOA issues


Anonymous said...

For the record, "That provoked a lawsuit by the Arizona Center for Law in the Public Interest on behalf of two individuals interested in homeowner association issues. They said the maneuver — and hiding the language inside a measure on elections — deprived them of their right to know about and comment on the changes."

Those individuals were Bill Brown and George K. Staropoli.

Fred Pilot said...

So does this mean local governments can continue to utilize CID mandates? And why would that be a good thing?

Anonymous said...

I don't understand your question Fred. This lawsuit was about a deliberate and underhanded violation of the Arizona Constitution. Rep. Ugenti added her failed HB 2371 to SB 1454 on the last day of the session.

Pat Haruff said...


This lawsuit wasn't about the HOA statutes. What is was about was catching the Arizona Legislature and Rep Michelle Ugenti from ignoring the "rules of the road" and in particular THE ARIZONA STATE CONSTITUTION that the whole legislature violated.

And that Fred is a "good thing"!!

Pat Haruff

Evan McKenzie said...

I think Fred's question is pretty straightforward and should be responded to directly. My understanding is that SB 1454 (among other things) prohibited municipalities and planning and zoning commissions from requiring developers to create HOAs. Now, as a result of this litigation, that provision is gone, along with the rest of the bill. Fred asks if, on balance, that is a good thing. Fair question! I have sent private emails to all concerned asking for that question to be addressed. I look forward to publishing a full debate on the issue if possible.