AZ Rep. explains failure of HOA reform legislation

I feel that my Footnote 1 from an upcoming commentary on SB 1454 should stand by itself. Here’s the paragraph and the Footnote.

Rep. Ugenti stated that each year there was “a plethora of personal HOA legislation” and tried “to spare the [committee] members the constant agony of many personal pieces of HOA legislation,” as contrasted to the industry legislation.

 Footnote 1.  I digress. My emphasis reflects, to good extent, homeowners failing to see the broader picture beyond their HOA problem, such as raising substantive issues of constitutionality. Ugenti is saying that homeowners don’t really understand the problems with HOAs, which only the HOA industry special interests can solve. It is evident that this is the view held by all state legislatures across the country. Homeowners have failed to deal with this reality.

A good part of this failure must be laid on the leaders of the homeowner rights advocacy movement. The leaders who appear, while paying lip service to constitutionality issues, to have failed to provide the necessary and adequate guidance and direction to accomplish HOA reform legislation.  Instead, take for example the recent SB 1454 post and comments on the Privatopia Papers where portions of just one news article are quoted. The quotes indicate that the plaintiffs had “done wrong to homeowners” by winning their constitutionality challenge. The challenge was against certain actions taken by a rogue legislator with respect to an HOA bill. The balancing and explanatory parts of the article were not quoted.

Fred Pilot, a long term participant in HOA reform issues commented about “So does this mean local governments can continue to utilize CID mandates?”, which is totally irrelevant and non-applicable to the victorious lawsuit.  Or to his biased quote from the article.  “What has “CID mandates” got to do with the article?  And attempts to clarify the matter as to the implied, “the plaintiffs have harmed the homeowners when they won”, resulted in their non-publication by the owner, Evan McKenzie.

Yet, McKenzie wrote that it was a fair question deserving an answer, but apparently not as a comment on Privatopia Papers. He wrote “my understanding is that SB 1454 . . . prohibited municipalities and planning and zoning commissions from requiring developers to create HOAs.”  McKenzie lacks the understanding that these provisions were twice killed in this legislative session; and that Ugenti had to underhandedly get the bill passed in the wee hours of the morning on the last day of the session.  But, I guess that has no bearing in this matter. It was only us evil plaintiffs who done homeowners in, under the principle that the end justifies the means.

 Not a word about how this lawsuit sent a message to pro-HOA legislators and lobbyists that they can’t get away with such flagrant abuse of the laws. Not a word. But the charges stand, unanswered on the Privatopia Papers.

 Unless the leaders get their act together, the arguments and implications of Ugenti’s quote above will continue to dominate attempts at HOA reforms.

Published in: on September 16, 2013 at 12:20 pm  Comments (6)  
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6 CommentsLeave a comment

  1. What would be involved / required to follow your suggestion about a write in campaign to remove Ugenti? She needs to go because it was clear she has no concerns about the thousands of AZ citizens being abused by corrupt HOA boards and property managers.

    • Please see today’s commentaries on SB 1454 and Machiavelli at work in the legislature. This is my “theory of the crime.” You can use this information and ask for discplinary action to find out who did what and who helped Ugenti. Only by an inquiry can we discover the truth and punish Ugenti, and others,for violating House Rules and the Constitution.

      Write the Speaker, Tobin, Senate President Biggs,and the House Ethics Committee. Here are the emails:

      “Andy Tobin” ,
      “Andy Biggs”
      “Eddie Farnsworth” ,

      Also contact the investigative reporters and tell them you are unhappy and have writtn the Speaker to bring charges against Ugenti for her unethical conduct in getting SB 1454 passed into law. “The people need to know!”

  2. Ugenti’s comments are outrageous and an insult to advocates for HOA reform. She should be recalled as a representative to AZ Government. I am grateful to you George for all your efforts to make this issue apparent. Now we need to get rid of Ugenti…any ideas??

    • Get a write-in campaign to Speaker Tobin and Ethics committee Chair Lovas to hold disciplinary hearings against Ugenti. Now, before the session starts in January.

  3. They need to reform the HOA’s and quit allowing volunteer board members to spend HOA monies on attorneys who like to draft and change CCR’s with “resolutions” without homeowner vote. Who in the hell is representing the homeowners? Without going broke and hiring attorneys, they are letting the attorneys and CAI rule changes in HOA’s. And how many of these legislatures live in an HOA and have served on an HOA board? Or are they lining their pockets with money from those who support their campaigns?

  4. Well said George. It appears that a great many people missed the point of the lawsuit (or perhaps I did)! It was about the process and not the results. If we allow the legislature to IGNORE the proper process it will only incourage them to do it again.

    Again, Thank You for fighting a battle on behalf of all Homeowners that are unfortunate enough to live in a HOA in Arizona.

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