Arizona HB 2158 passed the Senate GOV committee 8 – 0. YES!
I congratulate the speakers supporting this bill who told horror stories and made substantive issues of unconstitutional actions by HOAs. It was a broad bill to establish fair election and voting procedures concerning HOA governance issues.
I call to everyone’s attention my “Mgmt Case Studies” 1 and 2 reveal deep violations of the laws and governing documents by large HOAs. Worth reading at https://pvtgov.wordpress.com
“The events of 2008 – 2012 presented here span wrongful acts by an Arizona HOA and its attorney resulting in a court appointed receivership, and leading to the attorney being sued for aidding and abetting, among other things. The case then disappears from county court public records and the outcome remains unknown.
“‘Defendants have conspired to take over their homeowners association . . . for improper purposes. Defendants have utilized the Association to gain control of as much property in the community as possible, through improper means .’
“[The HOA atorney] was personally sued for: ‘Breach of Ethical Duties: Disgorgement; Aiding and Abetting; Professional Negligence; Breach of Contract; Breach of Fiduciary of Duty.’
“I do not have any additional court filings, either updates or final disposition. In May 2012, after 1 ½ years of silence, I looked into the court records only to discover that the case disappeared from public view.”
Read the full 5-page case study here.
Last month I urged all HOA members to support Arizona’s HB 2158,
“Many courts have referred to the Declaration of Covenants, Conditions and Restrictions (CC&Rs) as the HOA constitution. Arizona’s HB 2158 is a second try (Arizona HB 2052 restores homeowner constitutional speech protections ) to prohibit restrictions on HOA members’ freedom of political speech with respect to HOA governance issues and matters.”
(Do you stand behind the US Constitution or your HOA ‘constitution’?)
The bill addresses the right of members to free political speech on matters affecting the governance of the HOA by specifying such rights and prohibiting HOA interference with these rights. While the bill refers to “association-specific” signs, it is a giant step toward HOA democracy by creating a fair election and voting process, affecting procedures now dominated by the pro-HOA governing documents.
You can read the itemized “freedoms” here. Just a few,
The bill passed the House and will be heard all over again, as required by law, in the Senate this Monday, March 14th. The Senate has always been a “stopper” of HOA reform bils; your continued, loud and clear support is necessary.
Email the Senate Government committee members NOW!
| Sonny Borrelli | Vice-Chairman |
| Sally Ann Gonzales | Member |
| Theresa Hatathlie | Member |
| J.D. Mesnard | Member |
| Martin Quezada | Member |
| Wendy Rogers | Member |
| Kelly Townsend | Chairman |
If familiar with the Legislature’s RTS procedure, sign on and make your voice via RTS, which is read by the committee members and made part of the record. Instructions on how to set up your RTS account can be found here. It may look complicated but it simple, just fill in the boxes. Your RTS can be used for any bill by just entering the bill number.
Unfortunately, you must set up your account at a kiosk at the state capitol, after which youc can access your account from your home.
Many courts have referred to the Declaration of Covenants, Conditions and Restrictions (CC&Rs) as the HOA constitution.
Arizona’s HB 2158 is a second try (Arizona HB 2052 restores homeowner constitutional speech protections ) to prohibit restrictions on HOA members’ freedom of political speech with respect to HOA governance issues and matters. It has passed put of committee and Caucus.
This important bill has been sitting for an extended 2 week time awaiting the House leadership to schedule it for a full House vote of all the members. NOT A GOOD SIGN! My years of experience lead me to believe it does not have the support of the leadershp that has the right, under House Rules, to withhold bills from further votes.
HB 2158 (2022). You can read the bill at the legislature’s website. Read the important amendments below. This is your chance to stand up for constitutional protections against the CAI lobbyists, many whose members have been or are SCG directors – conflict of interest!
“L. Notwithstanding any provision in the community documents, an associociation [sic] may not prohibit or unreasonably restrict a member’s ability to peacefully assemble and use private or common areas of the planned community . . . . An individual member or group of members may organize to discuss or address planned community business, including board elections or recalls, potential or actual ballot issues or revisions to the community documents . . . . The association shall not restrict posting notices of these informal member meetings on physical or electronic bulletin boards used by the association for posting notices for the association’s or board of director’s official meetings.”
This bill has support from the Nevada Supreme Court opinion in Kosor (NV supreme court upholds HOAs as public forums (re: Kosor 2021)) that contained several California opinions serving as legal precedent.
“[A] unit owner’s association or a planned community association (association) may not prohibit a unit owner or member (member) from peacefully assembling and using private or common elements of the community . . . legitimate and valid criticisms of your HOA and its president and board are protected from HOA lawsuits of defamation and libel.”
“Nextdoor.com post qualifies as a public forum for the purposes of anti-SLAPP protections. . . .these steps [Kosor’s statements] do not seem to differ significantly from that which might be required to view posts on Facebook; that is, a post on Nextdoor.com is as compatible with expressive activity as one on the other platform, which we have already held can support a public forum.”
“The HOA here is no less of ‘a quasi-government entity’
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The following is an excerpt from a lengthy email sent to me by a long time AZ homeowner rights advocate, Dennis Legere. It and his email are made public with Dennis’ permisssion. It reveals the obstacles an hostiity he faces trying the get HOA reform legislation to restore lost rights and freedoms. It contains his comments on the heavy opposition from CAI and AACM (AZ managers association, CAI trained).
“The ridiculous nature and hidden motivation of the HOA trade groups [CAI and AACM] is what makes any HOA meaningful legislation so difficult to get introduced or protected from demands from the trade groups for provisions that benefit them only.”
Take back controll of your HOA! Write your Representative in support of this bill. Also write the sponsor, Jack Kavanagh (jkavanagh@azleg.gov) and the House leaders in support of this bill urging that it be submitted for a hearing by all the House members. Do it today!
House leaders:
Rbowers@azleg.gov – Speaker (R)
tgrantham@azleg.gov – Speaker Pro Temp (R)
btoma@azleg.gov – Majority Leader (R)
lbiasiucci@azleg.gov – Majority Whip (R)
rbolding@azleg.gov – Minority Leader (D)
ddegrazia@azleg.gov – Minority Whip (D)
jlongdon@azleg.gov – Asst Minortiy Whip (D)
“Pay no attention to that man behind the curtain!”
The quote comes the classic film The Wizard of Oz. The Wizard of Oz tells the story of Dorothy (and her dog Toto) who is magically transported to the Land of Oz. Now, stuck in the Land of Oz she is advised to see the Wizard of Oz as he may know of a way to send her home. Speaking to the Wizard, who looks like a giant floating head, the floating head is exposed as just an illusion created by a middle-aged man hiding behind the curtain, who is the “real” Wizard. He attempts to distract them by asking them to ignore the man, saying “Pay no attention to that man behind the curtain.” (View https://youtu.be/YWyCCJ6B2WE).
The ”Wizards of HOA-Land” are none other than the HOA boards of directors (BOD) who provide illusions of happiness, approval, and support by the majority of their members. The BODs use propaganda statements — disinformation consisting of false, misleading, and half-truths — videos, photos, testimonials, and coercion applied to non-believers in their message.
Speaking specifically in regard to my “Mgmt Case Study #1” subject, Arizona’s SCG, as a result of the BOD’s arrogance, its defensive posture using propaganda to create illusions of proper and righteous conduct, its silence on the crucial issues, and its continued violations of black-letter statutes and the governing documents, I’ve managed to pull away the “curtain” and expose the Wizards in action. The BOD’s response has been, in effect: Pay no attention to these criticisms and just believe in how we’ve made you all content with SCG.
The SCG BOD election mockery
(In general, the legislators, the media, the HOA BODs and members need to step back and see the ugly forest through the trees — the claimed “isolated” incidents.)
And so the BOD, with some 30% of the votes already cast, continues to urge the members to vote. Why? Under SCG’s election procedure the winners are from the top 4 vote counts, and with more than 10% voting to avoid any quorum issues, why bother? Would it really make a difference among 7 shades of gray candidates who, as I’ve pointed out elsewhere, have been carefully selected and controlled by the BOD with the result, no matter who won, of more of the same policies, attitudes, decisions, culture as before. The independent voices of the members have been denied.
A Committee for the Betterment of Sun City Grand (CBSCG) is becoming a necessity for any hope of restoring member fundamental rights and freedoms. The members must act!
HOA Constitutional Government 