Arizona bill, SB 1330, restores the homestead exemption to homeowners living in HOAs, taken by a 1996 statutory lien that offered no legitimate justification for classifying these persons as second-class citizens. It passed the Senate’s Final vote 19 – 7- 4 in spite of heavy and irrational arguments by the national lobbying organziation that opposes the extension of constitutional protections, the Community Associations Institute, CAI.
CAI has resorted to a socially irresponsible position that homeowners in HOAs should look to their own pocketbooks and not to a greater responsibility as a vibrant and productive community that is part of the municipality and the state. Its cry that “It’s not fair to pay for deadbeats” reflects a view that peope should not pay taxes because they do not like some of the programs that are paid for by their taxes.
Congratulations to the Arizona Legislature for twice supporting substantive HOA reforms in support of the state and US constitutions. Last year, the legislature approved a due process bill that provided for an independent adjudication of disputes with HOAs, using the Office of Administrative Hearings under the state’s Administrative Procedures Act.
HOA Constitutional Government 