HOA laws for the 2011 session: The 7 new laws, out of 22 bills introduced, affect due process protections for homeowners that levels the “litigation playing field”; homeowner meeting rights, including the right to record board meetings, as a check on abusive boards and attorneys; new restrictions on transfer fees; free speech rights to fly flags and political signs; and restrictions on fees for leasing signs.
They are: HB 2245, HB 2609, HB 2717, SB 1148, SB 1149, SB 1326, and SB 1540. All homeowner friendly, and as many would say, making for a better community and a better Arizona.
This Arizona session has been the largest pro-homeowner crop of HOA reforms in my 11 years of advocacy.
And it also included a sharp rebuff to CAI in its desperate attempt to retain influence over HOA boards through lobbying our legislators. HB 2441, the minority control / no court appeals bill – failed. Now, they alone, are setting out to put the spin on these new laws by offering seminars and classes.
The public has no alternative to this pro-HOA special interrests propaganda since the news media remains firm in its policy of No Negatives About HOAs. It would be impossible for the media to explain the new laws without reference to the abuses and lack of homeowner protections in HOA regimes.
Thanks to the tenacity of several outspoken Arizona advocates, the laws become effective on July 20th.
HOA Constitutional Government 
What about the law banning HOA’s regulating power over parking in a public street?
Yes i would like to know about this law as well, since our children are older now we have one extra car that needs to be parked in the street. We got several notices and then they threatened to tow the car. My son would park on the main road out side of the sub division and then his car got broken into since it was sitting on a main road. On top of this our next door neighbor just so happens to be the hoa police. We had my daughters college graduation dinner at 8pm and had 4 cars parked in front of our house and down the street . They were only parked in the street for no more than 3 hours and they all got a ticket, The last straw was a week ago when we invited a friend over for dinner. He parked his car out front not blocking anyone and the HOA president next door was out side and told him he couldn’t park in the street. What are we suppose to do tell all our friends and kids to park outside the subdivision and walk to our house??? At this point i think he should really be put in his place. By the way he cut down a huge tree in his front yard a year ago and “still ” has a huge stump in the front yard ! If it was anyone else he would’ve had us in court already ! Anyway is they’re anything we can do ? thanks for letting me rant ,sincerely Joyce D.
There are 2 bills before the Arizona Legislature that attempt to remedy this abuse: HB 2030 and SB 1113. You can write the committees hearing these bills and tell them how they should vote on these bills. Go to htttp://azleg.gov and find the bills, which will give you the committees.
thanks for all that you do !!!!! not sure if I can get an answer to this question, but could you say as to rather an HOA can assess dues to pad their checking account, or am I reading the law right that they can only assess dues of no more then 10% over expenses budgeted for?
I would hope that our Nevada legislators take notice that there are actually people in Arizona who are willing to put thier stamp of approval on legislation that levels the playing field for HOA homeowners. For months now there has been a torrent of homeowner unfriendly bills introduced and promoted in Nevada that does just the opposite.
What this state needs is more fiber in the steady diet of bull #%?@ that is being written by biased lawyers, and “Connected” Nevada Senators that gave us the honor of being FIRST IN THE NATION when it comes to forclosures. Even as this is being written, the legislators are considering a proposal to make it possible to foreclose on ones home if they fail to pay outrageous fees for arbitration etc. This money doesn’t even go to the HOAs – it goes to the lawyers and arbitrators that get involved because it will be mandated by law. FIRST IN THE NATION and they want to make it worse!
If the fiber diet doesn’t work, then we need to start thinking seriously about how to get these elected officials into the unemployment lines.
CAI Carpenter has already begun with his version of “reasonable rules” for taping meetings. I object to proposals 4, 5 and 7. I’ve frequently videotaped legislatives sessions prior to the live ALIS online videos, without a tripod. As to item 7 — “All recording devices must run on batteries” — it is highly unreasonable for the board to hold meetings where there’s no electricity! My God!
Now, as to item 6, give the HOA a copy at its expense, let’s get reasonable. I fair fee, understanding that HOAs charge $.50 to copy a sheet of paper, and plumbers and A/C people charge $100 for their services, a $100 per hour fee, in an increment of a minimum 15 minutes, is reasonable. (Some attorneys bill in 5 minute intervals). After all, folks, is the HOA brain-dead? Is the HOA manager completely inept? Carpenter would like to charge for every little nickel and dime thing as an obstacle to fulfilling the intent of the law. As a lawyer he doesn’t understand that running a government service is a business, and there is always a cost of doing business. What do you think members pay their assessments?
Carpenter’s Reasonable Rules (from his Blog):
“Reasonable Rules” governing the taping of the meeting are permitted so long as the rules do not preclude recording. Rules Boards of Directors might consider include:
1. The person intending to record the meeting must provide 24 hours advance notice to the community manager, President or any member of the Board of Directors of the intent to record the meeting in writing via e-mail or fax.
2. The person recording the meeting must verbally indicate to the community manager, President or person running the meeting at the start of the meeting that he or she is going to record the meeting.
3. The recording device must be visible to the board of directors at all times during the meeting while the device is recording.
4. All videotaping must be on a tripod and must be located in the back of the room.
5. Videotape tripods cannot obstruct the view of people attending the meeting.
6. The Board of Directors shall have a right to receive a copy of the recording, at Association expense.
7. All recording devices must run on batteries. The Association cannot guarantee that power will be available in the meeting space and power cords cannot create tripping hazards for other attendees at the meeting.
Wow. I was beginning to think that I’d never see the day. May not help us here in ‘HOA-Gone-Wild’ Louisiana – but we’re delighted that some progress has been made somewhere. Its sure a great thing!
Thanks George!!!
Atta Boy, George !!
I met you at the meeting when Ralph Nader was in town……..
Bonnie