Arizona HB2154 – New law implemented

In regard to a move by one HOA to oust its board, Arizona’s Representative Chuck Gray told the Arizona Republic that “The homeowner’s ability to take control of their association mirrors the function of all government . . . . Prior to Aug. 12 residents needed two-thirds homeowner approval to force a recall election. [Now just a majority.]

Any bill that can be used to motivate homeowners into action against abusive boards does a service to all of us. But, don’t believe that this bill was a major victory over the forces of evil. No, it’s just one skirmish in a broader battle for rights and equality and against a legislature that refuses to recognize the broad constitutional wrongs being perpetrated on the people.

Under the mantra that citizens have the right to form private governments, and not be held accountable at all, to the state or under the 14th Amendment — as all municipalities are — the state perpetrates a gross injustice on homeowners. In other areas, where consumers actually sign a contract, the state has stepped in under its police powers to protect consumers — truth in lending, truth in advertising, protected classes of people, etc. But for some reason, not here with HOAs where the consumer has not even initialed the governing documents, nor explicitly signed away his constitutional rights, this gross injustice is allowed to continue.

Even in spite of media article after media article across the country, this injustice is allowed to continue. This failure to hold HOA boards accountable under the laws, as municipal governments are held accountable, reflects this injustice and the continued protection of the HOA private form of government by state governments.

It must stop today!