AZ legislative ‘establishment’ blocking substantive HOA bill

 

In my commentary, Landmark HOA legislation restores homeowner property rights, I indicated that Arizona’s HB 2382 was on the verge of being sent to the Governor.  The bill would restore “ex post facto” HOA amendment rights for homeowners that would, indeed, make the CC&Rs “contract” a more binding contract.  It would not allow amendments that harmed owners affected by the amendment unless they consented to the bill. It is a limited bill, but contains substantive HOA reforms.

That was back on March 28th. Today, the bill has been held in “limbo” for a month by the Speaker, David Gowan, whose powers allow the Speaker to control when and if a bill gets to a final vote. Approval in this final vote would have sent the bill to the Governor for signing. As the legislative session is in its last days, pending budget approval, this bill looks dead by “the establishment.”

This state of affairs came about as a result of a trivial amendment in the Senate by Sen. Kavanagh, a CAI stalwart, making technical changes. As a result, instead of the bill being sent to the Governor, it must go back to the House for approval.  House approval was recommended and the bill should have been placed on the Final Vote agenda within a week, as typical.

Arizonians! Your support is necessary to move the bill!  Email Speaker Gowan (dgowan@azleg.gov)  and sponsor, Eddie Farnsworth (efarnsworth@azleg.gov), urging the Speaker to allow the voice of the people, the legislators, to vote on the bill and stop “the Establishment” control of legislation.

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Published in: on April 29, 2016 at 6:38 am  Comments (5)  

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5 CommentsLeave a comment

  1. why are the people who strive to expose the illegality and unconstitutionality of the HOA ‘creature’ failing to show the state
    legislature that DOT v. AMTRAK rejects the ” private – entity ” ( HOA ) concept as a valid organization with delegated power from Art 1, Sec. 1 & Art.2, Sec. 1 [ U. S. Const. ] as a lawful business entity.

    To be sure, the HOA does not have constitutional power to act as
    ‘ legislator ‘ and as ‘ executor ‘ simultaneously. The HOA cannot make its own self-serving home-rules ( CCRs & By Laws ) which sever homeowner members from their civil rights of due process when purchasing a home in an HOA. The sales agreement is an ADHEISON CONTRACT which stripes the homebuyer from fundamental RIGHTS.

    To be clear…THE HOA IS AN UNLAWFUL ORGANIZATION WITHOUT POWER TO IMPOSE THE CCRs and BY-LAWS without government control and supervision. The HOA cannot pretend to be a quasi STATE-ACTOR.

    The people of AZ need to write their legislators and make this High Court ruling manifest…and encourage them to eliminate the HOA once and for all. It is an outlaw and renegade syndicate that robs the people of their rights. GET RID OF IT.

    Roena Cole ( Homeowner )

    • Very well said! Please see “Supreme Court says corporations cannot be used to evade Constitution” in June 2015, and others in Feb. and March 2015. Others need to climb aboard the view that substantive HOA reforms can only be achieved by constitutional challenges. Not only is Washington dysfunctional, so too are state legislatures that have abdicated their obligations under the Constitution. America has lost its way and has become an oligarchy run by the special interests as quite evident in regard to HOA-Land.

      After 15 years, I am still puzzled as to how this came about. Milton Mayer, in his 1955 book, “They Thought The Were Free” revealed some answers (based on the NAZI takeover of the culturally advanced Germany of pre-WWII) that are applicable to special interest control of HOA-Land. (Search on Mayer). Could it be a deep subconscious fear to admit that the America of our fathers and grandfathers is a myth today?

  2. Done and done. The dirty game play needs to stop.

  3. From: william brown
    To: dgowan@azleg.gov
    Cc: Eddie Farnsworth
    Sent: Friday, April 29, 2016 8:02 AM
    Subject: HB2382

    
    Hon. David M. Gowan, Sr.

    My dear Speaker Gowan:

    You are entreated to bring HB2382 forward for a final vote and transmittal to the Governor for his signature.

    Legislation favorable to individual homeowner equity stakeholders’ rights, whether elections, meetings, books and records, amendments to an association’s governing documents or other rights (inalienable rights not subordinated to non-stakeholder third-party’s unconscionable “private contract” claims) are the prayers of homeowners across Arizona.

    Thank you in advance.

    William M. Brown

    Scottsdale, AZ

  4. Done. Sent a request to both. thanks for keeping track of all this.


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