A lesson in HOA reforms and power politics in AZ

 

For those who still believe that HOA reform legislation is not political, and in particular not power politics, take heed from the following analysis of events at the Arizona Legislature.  It deals with SB 1454 reborn as SB 1482 this year and substituted for the identical bill, HB 2695.

It begins at the start of the session when no bills were introduced to repeal the statutes found invalid in last year’s SB 1454 by the court.  Calls to the Senate President and Speaker of the House, and Secretary of State, to correct this seemingly oversight went unheeded. That was puzzling to say the least.

First, SB 1482 was introduced by Senator Griffin and amended, and passed unanimously by the Senate. It sat in the House for an unheard of 7 weeks until this week.  It past the deadline for being heard in a committee of the House, per the rules, and was presumed dead.

Second, HB 2695 was introduced by Rep. Ugenti for the fourth incarnation of the “omnibus HOA bill.” It was also amended and made identical to SB1482. It passed the House Committee of the Whole (COW) over 4 weeks ago, but was not put on the final vote agenda giving the illusion that it was dead. It passed the deadline to be heard in the Senate.

Neither bill could be heard in the other branch, according to the usual rules.

Finally, after the budget negotiations were resolved this week, a few bills were attended to that included the presumed dead HB 2695. It was ready for the final vote this week.  Why now?  That wouldn’t help because it could not be sent to the Senate for a vote since that deadline, too, had past.

So, the clever plot unfolded when SB 1482 was substituted HB 2695, in compliance with the legislative rules, because it had already passed out of the Senate and there was no need to go back to be voted on all over again.

All in time to withstand a possible Governor’s veto as the session will not end before any veto. This allows the legislature to override the veto because it has more than a 2/3 approval of both houses.  It was all carefully planned out and timed!  The bill was passed 49-6 with 5 NV.

Why the theatrics is not clear.  Didn’t have the votes and had to wait?  I believe that the timing is too coincidental, and reflects a successful plot that demonstrated the power of the HOA stakeholders over the legislature. You know, let them think they won and we will stick it to them for last year’s law suit.  We will show them who’s boss!  Not unexpected based on Ugenti’s prior behavior and attitude.

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Published in: on April 14, 2014 at 4:09 pm  Comments (7)  
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7 CommentsLeave a comment

  1. […] See in general: A lesson in HOA reforms and power politics in AZ; AZ legislature fails to remove invalid statutes from its ARS […]

  2. Very discouraging. It certainly seems as if some state legislators and elected officials are in collusion with HOA business interests to exploit owners.

    What this means is that reform will be elusive unless and until voters elect new leaders that are homeowner-friendly.

    • Yes, right to the point. Sadly, you recognize that voters, the people, need to change their thinking and attitude about hands-off government because who else is there to protect them?

  3. Thanks for the update. For what it’s worth, I just wrote to the governor asking her to veto this bill.

  4. I’m not sure I understand what happened. did they get the HOA bill through even though it was not legal? Or did they fail to repeal…what exactly happened and how can I help?

    • Need to follow the links to several posts on these events.

  5. See http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/04/08/rich-people-rule/

    Rich people rule!
    by Larry Bartels
    April 8 2014 at 11:08 am

    …A forthcoming article in Perspectives on Politics by Martin Gilens and Benjamin Page marks a notable step in that process. Drawing on the same extensive evidence employed by Gilens in his landmark book “Affluence and Influence,” Gilens and Page analyze 1,779 policy outcomes over a period of more than 20 years. They conclude that “economic elites and organized groups representing business interests have substantial independent impacts on U.S. government policy, while mass-based interest groups and average citizens have little or no independent influence.”…


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