The bill that to me was blatantly unconstitutional failed in the House vote: 13 – 17. All Dems voted against except Mendez, and 5 GOPs voted against.
I’d like to thank those who opposed the bill, and I hope more decisions in support of homeowner justice lie ahead not only in the Arizona Legislature, but in all state legislatures. AZ HOAs, or any citizen, has the right today to petition the planning board for a variance; the bill was not necessary and superfluous.
It also contained too broad a grant of powers to “government entities,” whoever they may be, to control and regulate public streets, if the government entity approved. Much, much too broad for a bill that the sponsor said was noting more than a request for a variance.
For more information, see Rebuttal to sponsor’s interpretation of AZ SB 1240 and Another AZ HOA bill constitutionality challenge looms: SB 1240.
HOA Constitutional Government 