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 (firstname.lastname@example.org) and sponsor, Eddie Farnsworth (email@example.com), urging the Speaker to allow the voice of the people, the legislators, to vote on the bill and stop “the Establishment” control of legislation.