Next week there are 4 bills being addressed on current agendas.
(For Registered Arizona Legislature Website Users: Click Here to go directly to vote on the Bills)
SB-1072 Administrative decisions; scope of review will be heard in Senate COW on Monday and may have the third read the same day. Sponsor: Senator Petersen.
This bill provides for the separation of administrative decisions made in the executive branch of government by the Dept. of Administrative Hearings from the appeal process in the judicial branch in Superior court. It allows the Superior court to hear an appeal based on its merits without prejudice from the earlier decision by an ALJ. This bill will be voted on the floor of the Senate on Monday 2/27/17
AZHOC position on this Bill: AZHOC supports this Bill; AZHOC would like further clarification on language.
SB-1060 Homeowners’ Associations; dispute process; will be heard in the House Government committee on Thursday 3/2 Sponsor: Senator Kavanagh.
This is simply a technical change on the Arizona Dept. of Real Estate as the agency assigned to resolve disputes between homeowners and CIC associations that was approved last year. This Bill passed the Senate 30-0. Assigned to House Government Committee, will be heard on Thursday 3/2/17
AZHOC position on this Bill: AZHOC supports this Bill
SB-1371 delinquent property taxes; common areas; will be heard in the House Ways and Means committee on Wednesday 3/1. Sponsor: Senator Petersen
This prevents foreclosure on a tax lien on the common areas of HOA, and limits the lien holder’s recourse to collect the lien as litigation against the association’s liability. This clearly helps the associations and hurts the lien holder. For the homeowner you will never have to face the situation where the common areas of your community are owned by a private individual or agent where they can charge you any fee that they want for you to use those common elements. The potential impact to homeowners from a third party owning the common area of the association are broad and significant and while an association with unlimited resources would be unlikely to not pay the taxes on its common area which would be a clear breach of its fiduciary responsibilities to the community, this consequence must be prevented. Request To Speak is open.
AZHOC position on this Bill: AZHOC supports this Bill
SB-1175 Real Estate transfer fees; definition; will be heard in the House Commerce committee on Tuesday 2/28. Sponsor: Senator Lesko.
This bill expands the definition of association beyond HOA and Condominiums and applies it to other types of non-profit corporations. This will in effect allow additional transfer fees to be charged homeowners, by separate non-profit corporations that are linked to the HOA or Condominium but have nothing to do with the actual purchase of the home or property. AZHOC opposes this bill on these grounds, this bill expands the commitment and responsibility of the homeowner to corporations that are unrelated to the HOA or Condominium and for which there is no legal obligation to do so.
This Bill passed the Senate 30-0, Assigned to House Commerce Committee, will be heard on Tuesday 2/28/17
AZHOC position on this Bill: AZHOC strongly opposes this Bill
PLEASE e-mail the following regarding SB-1175 and let the representatives know that this Bill is not good for the homeowners.
The Commerce committee member e-mails are as follows:
email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com
House Rules Committee is chaired by Representative Lovas the members are:
firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org
Let your voices be heard:
For Registered Arizona Legislature Website: Click Here
To Register, instructions are available: Click Here
For Non-Registered, please go to Arizona Voices site and register to vote: Click Here
CALENDAR ALERT: (February 8,2017)
The following Bill will be discussed in the Capitol:
#SB1371 delinquent property taxes; common areas
The Arizona Homeowners Coalition supports this bill because it provides protection for the homeowners from deadbeat boards not paying the association’s taxes and a tax certificate holder foreclosing on the community common areas. This act would put all homes in jeopardy of being foreclosed on by the mortgage companies because the PUD rider to the mortgage requires the association to be solvent. It would also protect the homeowners from having to buy back from the lien holder the common areas at market or higher prices. While we hate to protect the association from foreclosure for not paying their taxes especially since these same boards will not hesitate to foreclose on home owners who miss a payment on their assessments, this ultimately is to protect the homeowner and in doing so we allow the association to escape responsibility to pay their taxes. We respectfully request that you support and pass this bill.
#HB2321 HOA cumulative voting prohibition
The Arizona Homeowners Coalition supports this legislation. While the concept of cumulative voting has been a long standing premise available to all non-profit corporations and common interest communities in community governing documents. The ability to apply this voting technique stems from non-profit corporation statutes that pre-date the Planned Community Act and the Condominium Act of 1994. With those acts these common interest communities were separated and distinguished from non-profit corporations and established more as pseudo governments. While this voting technique has been successfully applied to allow new blood to be voted onto the board to break up entrenched cliques from the board it has also been used to maintain those cliques and prevent new blood from being introduced onto the board. As such we believe that we would be better off to default to voting techniques more representative of every other form of government then that of non-profit corporations. It is our belief that the provisions and considerations of both the Planned Community act and the Condominium act of 1994, superseded the outdated provisions in governing documents that allowed this voting technique to continue beyond 1994. We respectfully request that you support this legislation.
(by: Dennis Legere of Arizona Homeowners Coalition)
Please contact your Senators and let them know how this is important to YOU.
Today, February 6, 2017 (Monday): “JILL’S ACTION ALERT”
Three Bills are being heard in the Senate Rules committee this afternoon.
SB-1240 HOA street authority. Sponsored by Senator Kavanagh. We are all conflicted on this issue, from the votes or opinions expressed are fairly equally divided. I would recommend that we establish a position of Neutral on this Bill. In my opinion whomever owns the streets makes the rules. Where the problem arises is for streets that were allowed to be built to standards that were not in compliance with city codes that provide for emergency vehicle access with or without parking. The bottom line is the safety of the homeowners, no matter who controls the streets they must ensure that emergency vehicles have access at all times. Who best can do that is the crux of this Bill that the legislators must decide. Street control cannot be about aesthetics. Some of our members were the catalyst for getting the original language into statutes after many years of work. If the HOA defines the rules you have the advantage of local eyes always monitoring the situation, but if the association is lax in its enforcement then lives or property are in danger and the city is liable since they own the streets. The proponent for the current language believe that the association is better able to maintain the access requirements for their streets. If the city defines the rules then it is up to them to have signs posed and enforcement in place to protect its emergency services access and its liability. The issue that is lost in these argument is that the proposed language actually allows the city to assign it’s responsibly for regulation to the association assuming with some expectations for enforcement and posting. In my individual opinion the proposed language in this bill is an effective compromise to address the problem. A side issue that is unrelated to this bill is that one of our major concerns is the ability of the association to write rules on how we can use and enjoy our houses that they do not own. This is similarity to the concept of associations defining rules for the use of streets that they do not own. Do we really want to support that concept? This Bill will be heard in Senate Rules on Monday and COW or floor vote later this week.
SB1175 Real estate transfer fees; definition Sponsored by Senator Lesko, This bill applies to sections of statutes that already affect HOA’s but does not change anything relative to HOA’s it simply expands the applicability to additional types of non-profit corporations. I recommend that we simply stay Neutral on this Bill in RTS. This bill goes to Rules on Monday and COW or Floor later in the week.
SB-1289 ALJ attorney fees, Sponsored by Senator D Farnsworth, This bill as written prevents the awarding of attorney fees for any ALJ hearing notwithstanding any provisions in community documents. I recommend that Arizona Homeowners Coalition (#AZHOC) supports this bill as is, both in RTS and in actual testimony before committees. This goes before the Senate rules committee on Monday, and COW or floor later this week.
Please visit and create an account on http://www.arizonavoices.org/ vote on any Bill to enter your position on the proposed Bills.
#JillsActionAlert #AZHOALegislation #AZHOC #AZHomeownersCoalition
Want to give Arizona Homeowners the choice?
Then support SB1402 by the click of a button and email today.
SB1402 will allow builders of new home subdivisions to choose improvement districts instead of an HOA.
Improvement districts have been around for many years and were a successful way for the community to maintain common areas. Then the concept of HOAs came along and not only controlled the common areas, but also each home owner’s house.
SB1402 will allow new home divisions to return back to the days where homeowners had full control over their houses. Also, improvement districts reduce the monthly/quarterly dues to the homeowner.
You can help to bring back the right to choose for homeowners in Arizona.
Contact Senator Kavanagh and ask him to add SB1402 to the Feb 15 Government committee agenda. If the bill is not added by this date, then it is dead.
Don’t wait until the day before, send the email below.
We want to make it easy for you to help bring change. Just copy and paste the information below and email and/or mail to Senator Kavanagh.
Copy and paste this address into your internet and fill out the email request http://www.azleg.gov/emailazleg/?legislatorId=1796
Snail mail Address:
1700 W Washington St, Phoenix, AZ 85007
To: Senator Kavanagh
Senator please support SB1402, https://apps.azleg.gov/BillStatus/GetDocumentPdf/446926 by placing it on the February 15 agenda of your Senate Government Committee for consideration as well as SB1400 and SB1401.
SB1402 is a significant bill that will return a CHOICE in housing that has been denied to builders and consumers for decades. Furthermore it will change the future of housing in AZ by allowing new single family housing developments to be built without HOA governance which will significantly reduce the calls and letters that AZ legislators receive about HOA governance problems.
Finally using Improvement Districts to manage housing will also benefit all local governments as well by increasing their property and sales tax revenues which today are being suppressed and reduced by the ever rising expenses and losses of HOA governance.
OR Register on https://buildquorum.com and
visit the link below for SB 1402: