I was impressed by Arizona Senator Kavanagh’s unsolicited comments at the Jan. 25th meeting on SB 1113 that there is evidence of coerced agreement to be bound by the CC&Rs, and his acknowledgement that there are arguments questioning the consent to be bound to that effect. He must be reading my posts on this issue, or being informed of them. However, I am disappointed by his, and Senator D. Farnsworth’s, failure to enact remedial legislation; and the failure of that alleged homeowner’s group, Arizona Homeowners Coalition, to also lobby for remedial legislation.
Dennis Legere, representing the Coalition, objected to the bill on the very profound argument that it was insignificant, especially when there were other more important issues. Yet, I didn’t see any support or bill addressing Kavanagh’s coerced agreement statement. However, he argues for more homeowner involvement in HOA rulemaking, a function of the Rules committees and/or board. Where is the bill for fair elections to the board to remove the existing bars to meaningful participation and make this a reality? He then makes the untrue statement that HOA rules dominate the CC&Rs and bylaws. Say what?
Since the Coalition opposed Kavanagh’s sponsored SB 1113 on such grounds, Kavanagh indicated that he will take another look at his other bills to see if he will support them. WOW! There are some good bills that need passage, and some bills that the Coalition failed to recommend. One bill, SB 1240, by Kavanagh, needs to be withdraw as it is facially unconstitutional. But, Leger and his group see no evil. “If the group decides to oppose this bill I’m fine with that but I will not speak against this bill [SB 1240] as a representative or an individual.” A sad performance by Legere, sad indeed. I’m at a loss to understand Legere’s rationale.
I hope Senators Kavanagh and Farnsworth rise to level of supporting justice for homeowners and recognize that these fundamental ills of a defective HOA legal scheme, as I summarized in HOA Common Sense: rejecting private government, need to be addressed and corrected.
 Jan. 27, 2017 email to the Coalition members.