“If angels were to govern men, neither external nor internal controls on government would be necessary.” James Madison, The Federalist papers, # 51.
The issue presented by the lawsuit challenging the “one subject” constitutionality of Arizona’s SB 1454 is the violation of the Arizona Constitution. The motivation, which brought about this violation, is a second and very important concern for the people of Arizona but is not the focus of the complaint. To argue that the constitution was justifiably violated for a good cause would make a mockery of the law and democratic government under the US Constitution.
In 2007, then Governor Napolitano vetoed SB 1330 that would have restored homestead protections to HOA homes. Napolitano simply wrote, referring to the Arizona Constitution,
“Today I vetoed Senate Bill 1330, which dealt with a variety of unrelated subjects. . . . This bill violates the single subject rule. . . . I am hopeful that the legislature will responsibly deal with these subjects (as single subjects) and present legislation to me in a form that I can sign within the next several days.”
The motivation behind the acts to pass SB 1454 and the failure by the Legislature and Governor to reject the bill for the flagrant violation of the Arizona Constitution speaks for itself. And that can only be viewed as favoring HOAs and the HOA management firms. SB 1454 raises other questions of constitutional violations not addressed in this complaint: special laws for special groups, and a violation of the separation of powers doctrine as the supreme court has the authority to set rules and regulations affecting the judiciary, not the legislature.
The enacting of SB 1454 by Arizona resembles the many complaints against HOA boards for doing as they please without concern for the law and governing documents. The HOA Declaration or constitution is repeatedly ignored by HOA boards. In simple terms, making SB 1454 law demonstrates Arizona’s role in establishing the New America of HOA-Land.
CBS TV attorney interview,