State of Arizona ignores its constitution on HOA bill, HB 2411

The News Observer and  US News quote AZ Governor Ducey in regsard to HB 2411,

“I have signed H.B. 2411, however, because it promotes transparency and participation for all residents in homeowners’ association governance.”

What a nice, safe, political answer that appeals to the people using the CAI mantra of “no government interference,” yet avoids the black and white fact that HB 2411 violates the AZ Constitution.
HB 2411 contains 2 subjects but only 1 in the title, thus violating the Arizona Constitution Article 4, Section 13, Part 2.  It is a repeat of the 2013 SB 1454 bill that also violated the constitution in this manner and was found unconstitutional and invalid after a court challenge was filed (Staropoli v. State of Arizona, CV 2013-009991).
For details, see emails AZ Senate calling this violation to their attention (similar email was sent to the AZ House), at Below is my April 25 email to Governor Ducey:

“Dear Governor Ducey:

“In 2007 then Governor Napolitano vetoed the HOA homestead protection bill, SB 1330, on the constitutional grounds that the bill “violates the single subject rule” of the AZ Constitution. That was the first clause of Section 13; HB 2411 is the second clause.

“Your decision to not veto this unconstitutional HOA bill in violation of the constitution’s Article IV, Part 2, Section 13 (only 1 subject in a bill) — similar to Rep. Ugenti’s HB 2371/SB 1454 in 2013 that the court declared invalid and unconstitutional (Staropoli and Brown v. State of Arizona, cv13-09991 (Maricopa County Superior Court 2013) — would further the appearance of impropriety and create the impression that the people come last in Arizona.

As I wrote the House,

‘There can be no excuse or justification for passing this bill, except to support a personal agenda from the HOA vendor members of CAI. Just because a CAI lawyer, allegedly responding to a client, asked Senator Kavanagh that ARS 33-440 (conveyances and deeds) be included. 33-440 does not refer to or include any wording with respect to HOAs, but it expands the application of long held terms, in particular “private covenant” and “declaration,” beyond HOA-Land.’

Please veto HB 2411.
It is quite apparent that not only is there a “tyranny of the legislature” in Arizona, but the Governor acts in an imperial manner echoing, ‘let them eat cake’. I repeat, ‘There can be no excuse or justification for passing this bill, except to support a personal agenda from the HOA vendor members of CAI.” 

An email documentation to this effect  exists and Governor Ducey was so informed by another homeowner rights advocate.

Published in: on April 29, 2017 at 7:40 am  Comments (7)  

The URI to TrackBack this entry is:

RSS feed for comments on this post.

7 CommentsLeave a comment

  1. I will be the first to admit I am not a scholar of AZ Constitutional law; however, as a (regretful) homeowner in a tyrannical HOA I see improvements for homeowners in several areas where my HOA has either violated existing law or is in violation of the amended 33-1804.

    These include:
    Para A-shall not require advance notice of audio or videotaping.

    Para A6 (although I am confused by the intent of the first sentence)-Requiring disclosure of violation or assessment information.

    Para C-requiring agenda with description of the reasons a topic was discussed in closed session.

    Para F-Clearly naming board members and community managers responsible to conduct open meetings within the intent of the law.

    Why are these things not ‘good’?

    • Good question that reflects the failure of homeowners to understand the political/legislative process.

      It also reflects, with all due respect, a failure to stand up for principles that make any society function in a healthy manner. You cannot ignore black and white violations of the AZ Constitution just to accept “handouts” from the legislature. Legislators often mix some homeowner benefits to disguise, as in this case, the addition of a second topic, ARS 33-440, to get it passed, which it couldn’t if it were made a separate bill.

      Today the legislature violates the AZ Constitution with impunity. It has violated the US Constitution from the very get-go, and homeowners don’t care. I want my HOA just make it better. Under the legal concept of the HOA scheme, it will never work. Real, meaningful improvements to the HOA government scheme can only come by making the HOA subject to the Constitution as is required of all other forms of public government of communities.

  2. Article 4, Section 4 of the AZ Constitution specifies the duty of the Governor: ” He shall take care that the laws be faithfully executed. Also, the oath of office for elected officials, including the Governor (and applies in the same for all elected officials, state and federal) contains the following wording: “shall defend and protect the Constitution of the United States.”

  3. Thank you George and Mary for trying to hold the governor accountable. Please advise of any answer you receive. The media sure put a positive spin on this for Ducey yesterday.

    • Mary and I have tried hard to get the facts out, but . . . . The AP article by Bob Christie was a surprise and I’m happy he had the guts to do it.

      Don’t get me wrong, but 2013 deja vu. In 2013 local CBS affiliate covered the Ugenti bill, but in regard to a rental restriction contained in the bill. Not one mention of the constitutionality challenge by a homeowner who sued and won a court declaration of invalidity and unconstitutionality. Yesterday, local ABC affiliate covered HB 2411, but only echoing the AP article with Ducey’s comments that were contrary to his earlier position. Not a peep about the facts of a constitutionality challenge and evidence of CAI involvement in seeking the addition of 33-440, as he was so informed by Mary and I. I guess it was news NOT fit to print!

      We would not be in the position we now are, if it weren’t for the failure of the media to live up to its 1st Amendment Free Speech obligations under a democratic government to keep the people informed of all the facts. The Evil Empire and its allies control the media, who must be seen as co-conspirators hiding substantial constitutional facts about HOA-Land.

      Only because of the internet and our blogs has any truth been distributed in a severely limited amount to the public.

      Don’t expect any uproar, as Sara Benson, Jill Schweitzer, Judy Thomas and others have discovered.

  4. The reason Gov. Ducey gave for signing this bill was bogus! He said: it “. . .requires more transparency in association meetings by mandating public comment before voting and setting up tighter rules for public meeting notices.” The requirements for notices are outlined in subsection A of the statute (33-1804 for planned comm.) and they were NOT changed. In fact the requirement to allow a member to speak before a vote of the board is taken has been in statute for many, many years.

    I still would like to know how he determined the bill was constitutional!

    The Gov. is really batting a thousand. He signed a bill that should have been vetoed (HB2411) and vetoed a bill that should have been signed (HB2321). Perhaps I’ll send him another message congratulating him on this feat!!

  5. Too many people remain complasive as our rights are stripped away. Warped thinking allows gun rights to be more important in many peoples minds than home rights. People should be very concerned that their domicile rights are being given to parties that should have no say.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s