Last Friday, June 5th, I emailed a revised AZ model bill to AZ legislators for sponsorship in January 2016. It was initially drafted this past January, too late for introduction in 2015. See model HOA regulatory agency bill.
“Summary. This bill establishes a department of homeowners associations with full direct regulatory authority over Ch.9 and Ch. 16 associations under the direction of a commissioner. It provides for receiving complaints, investigations, filing legal actions, issuing civil penalties, rulemaking, and education as well as establishing an Advisory Board to provide recommendations to the commissioner. Funding is provided by a $4 per unit fee per year. The processing of HOA disputes by DFBLS is stricken and processing is replaced by the department of homeowner associations.”
Arizonans, email your legislator and demand sponsorship in 2016! I will meet with any legislator to clarify and to answer any questions. This bill affects the general public across the state and attempts to restore law and order to HOA-Land. It deserves to be made law ASAP!
As you all know, HOAs are private persons and lawmaking is mandated to state legislatures as set forth in their respective constitutions. And you know that the state does not supervise HOAs, but has adopted a ‘hands off’ posture — no penalties for HOA board violations, for instance. “[i]t is a well established theory that a legislature may not delegate its authority to private persons over whom the legislature has no supervision or control.” (McLoughlin v. Pima, 58 P.3d 39 (2002). This bill would provide constitutionally required legislative supervision and control.
Read the proposed regulatory bill: Regulatory agency