And yet, the Arizona Legislature sees no serious issue with the unrestricted delegation of regulatory powers to HOAs over parking on public streets as set forth in HB 2030.
“An association may regulate the parking of noncommercial vehicles on any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity . . . .”
My suggested amendment was ignored, “may regulate the parking . . . only with respect to parking by the members of the HOA who have waived their right to public parking on public streets within the HOA governed subdivision.” And the legislature rejected the position that the HOA can get a variance if it has legitimate parking concerns, like everybody else! The legislative intent to allow further unrestricted powers to these independent HOAs has become much clearer.
Would this bill put us on the slippery slope path that can produce an event like the Trayvon slaying? In Arizona, you can carry concealed weapons almost anywhere. The bill does not create any new laws, but is simply a re-affirmation for all to know of who runs local government. If this bill becomes law, then I believe we are on the slippery slope to the “law and order” of the wild, wild west by the power factions, like the cattle barons, railroad, and mining interests of the Old West. Arizona already had one incident where two HOA board members were killed in 2000 during a board meeting.
Although the bill is only about parking at this point, the real import of this bill is the starting out on the slippery pathway to further lawlwssness by HOAs. Where does it say that the the uniformed and arm-banded “HOA Security,” the police arm of the HOA, cannot stop and detain – that means ‘arrest’ — people on public streets? And Maricopa County Sheriff Joe Arpaio doesn’t want to do police public streets in HOA subdivisions. And we well know the great care and concern for proper procedure and obedience to the laws as exhibited by HOAs today in other areas. Can an incident like in Sanford happen with this grant of unrestricted powers?
Won’t happen here? Too far fetched? Wanna bet? To a lesser extent lawlessness is happening everyday in HOA-Land, with respect to such issues as, failing to respond to records requests, making up rules on the fly, arbitrarily fining people, “political machine” elections, and going to court on the most trivial grounds, etc. Now what will these rogue boards do next?