AZ Attorney General admits SB 1454 HOA to be invalid and without effect

Pursuant to a consent agreement with the State of Arizona,[1] the Attorney General’s office admitted that SB 1454 violated the AZ Constitution and sections of SB 1454 relating to certain HOA statutes to be invalid and without effect on September 13th.  SB 1454 violated Article 4, Part 2, Section 13 of the Arizona Constitution.  On July 19, 2013 plaintiffs George K. Staropoli and William M. Brown had filed suit against the State of Arizona, CV 2013-009991,[2] seeking a declaratory judgment that SB 1454 violated the Constitution.

“The founders understood that the principal mission of government was to secure people in their natural rights — to protect them against the lawless private thugs as well as of ill-intentioned legislators.” Machiavelli and America, Hadley Arkes, p. 145, The Prince (Yale University Press, 1999).

The invalidated Sections are:  2, 3, and 15 – 17, 19 – 21 of SB 1454 (Ariz. Sess. L. Ch. 254). These sections affected the following Arizona Revised Statutes:  9-461.15, 11-810, 22-512, 33-1250, 33-1260.01, 33-1261, 33-1806.01, 33-1812, and 41-2198.01.  We believed that Section 18, adding ARS 33-1261(E) to the Condominium Act, is about political signs and relates to public elections. We agreed it is covered in the title subject of “elections” and is a valid statute.

Particularly disturbing was the amendments that granted special powers to HOA managers to represent HOAs in small claims court and in OAH hearings, powers that state Certified Legal Document Preparers do not possess. The litigation rights of homeowners were put at a disadvantage because they could not also have an untrained and unlicensed third-party represent them.

Many may believe that SB 1454 had HOA amendments that would benefit homeowner rights and this lawsuit removed these benefits.  The loss of these perceived benefits lies not in this victory, but in the acts of Rep. Ugenti who is responsible for attaching, at the last legislative session, her defeated HB 2371 to SB 1454.  SB 1454 now became a bill with two subjects in violation of the constitution.[3]

The consent agreement will become binding pending acceptance and signing of the order by the Superior Court judge, expected before the 13th.

I would like to thank Executive Director Tim Hogan, Staff Attorney Joy Herr-Cardillo, and the Arizona Center for Law in the Public Interest for their outstanding support of the people.

 

References


[3]  For more information see, SB 1454: crossing the line for HOAs.

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  1. […] [2] See AZ Attorney General admits SB 1454 HOA to be invalid and without effect. […]

  2. […] In 2013, Arizona Rep. Ugenti got caught in playing fast and loose with the rules and got an HOA bill passed in the wee hours of the legislative session. The bill was successfully challenged in court and rules invalid.   See AZ Attorney General admits SB 1454 HOA to be invalid and without effect. […]

  3. […] As last year’s sponsor of the unconstitutional SB 1454 amendments, Rep. Ugenti, vowed to reintroduce the bill. The reincarnation of her trice failed bill is now the omnibus SB 1482.  It’s really her HB 2371 that had twice failed and she attempted to get it passed as part of Sen. Griffins’ SB 1454. (see AZ Attorney General admits SB 1454 HOA to be invalid and without effect). […]

  4. […]  AZ Attorney General admits SB 1454 HOA to be invalid and without effect […]

  5. Congratulations on a job WELL DONE, George!

    As someone that has battled with HOA corruption and all that goes with it, including working with legislators to pass a bill into law, I honor your efforts and success because it’s not an easy trail to blaze. It means you have dedicated your time, your focus and financial resources for the greater good. It’s tens of thousands of hours of research, phone calls, and writing letters and emails. It’s about being selfless and making major personal sacrifices to protecting the rights of others as well as yourself.

    Every HOA member in the state of Arizona should be PROUD to call you one of their own!

  6. George: I congratulate you in your unrelentless pursuit of justice. I thank Executive Director Tim Hogan and Staff Attorney Joy Herr-Cadillo for their help in bringing about this huge success for all condo and PUD owners in the state of Arizona.

    I am grateful to you all. I hope homeowners iin HOA communities state-wide will take the time and make the effort to understand the profound importance of what you all have contrubuted on behalf of HOA homeowners’ rights and, ultimately, sorely needed justice.

    Truly, I cannot thank you enough.

    All the very best,
    Kim

  7. Thank you George, et al for supporting HOA homeowners who unfortunately are stuck living in a village with volunteers as board members who sometimes screw those of us living in an HOA. So glad to have you as the watchdog to make sure the legislature doesn’t continue to override CCR’s and screw the homeowners! Nice job. Keep up the good work!

  8. Well done!

  9. Thank you for the Job you have done and will continue to do on behalf of ALL homeowners unfortunate enough to live in a HOA (especially in the State of Arizona).

    I am thankful that there are people like you and the others around you that have both the time and the KNOWLEDGE to accomplish important things like this.

    Again, thanks to all of the people involved.


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