The following was sent as a Request to Speak to the Arizona House GOV committee this morning (restricted to 250 characters). HB 2374 seeks to overcome an adverse court ruling holding Sun City recreational center an HOA. It is an intentional government interference into private contracts to benefit the HOA.
Dear House Government Committee Members:
I strongly oppose HB 2374 as government intrusion into a private entity under a contractual arrangement.
Granting RCSC, and all such arrangements designed to favor the HOA scheme, not subject to the Planned Communities Act is unconstitutional. It violates the Arizona Constitution, Art. 2, Section 13. “No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.”
The bill intentionally negates the recent Sept. 4, 2019 Maricopa Superior Court’s summary judgment ruling in Anderson et al v. RCSC, and not appealed, that RCSC is subject to the Act.
“In conclusion, all Sun City residential property owners are obligated to pay assessments that RCSC uses to defray the costs and expenses it incurs owning and operating recreational facilities in Sun City and, as such . . . . RCSC is subject to the Act for the purposes of plaintiffs’ instant lawsuit.”
Aside from city/state “recreation centers” I can only find Sun City and Sun City West using this arrangement of recreation centers, both are Del Webb developments. This is a miniscule class of entities in view of the thousands of HOAs in Arizona. The bill cleverly redefines “association” to exclude entities whose “SOLE PURPOSE OF SUPPORTING RECREATIONAL ACTIVITIES IN A REAL ESTATE DEVELOPMENT.” That applies to only the RCSCs of Sun City and Sun City West.
The bill flies in the face of political claims to support the people. It favors de facto private government HOAs and is unquestionably unconstitutional. We are a democracy and the people are to be protected, not corporations that deny constitutional rights of equal protection of the law (14th Amendment). Do not pass this bill.
George K. Staropoli