A big step forward for HOA homeowners in AZ, that restores lost constitutional rights, as the Senate GOV committee passed the bill, HB 2052, in a 7-0 vote with 1 no-vote. On its way to a full Senate vote and then Final vote.
It should also be seen by HOA BODs as treating their members as first-class citizens. It follows in the footsteps of California’s SB 323 — passed into law in 2019 — and several court opinions upholding HOAs are public forums that provide free public speech on governing matters.
Read the summary carefully for it spells out your rights to be heard on an equal basis to the BOD’s actions and views. FACT SHEET FOR H.B. 2052. Here are some important excerpts:
“Prohibits an HOA from prohibiting door-to-door community activity on property normally open to visitors within an HOA.
“Prohibits an HOA from prohibiting or unreasonably restricting an owner’s ability to peacefully assemble and use private or common elements of the community, if done in compliance with reasonable restrictions for the property adopted by the HOA’s board of directors.
“Allows an owner or group of owners to organize to discuss or address condominium or planned community business, including a) HOA board of directors elections or recalls; b) potential or actual ballot issues or revisions to the HOA documents . . . or d) any other community business or action.
“Allows an owner to invite a political candidate or other non-owner guest to speak to an assembly of owners.”
Now of course, your BOD will turn to its legal advisors to get an opinion. If you’ve read my commentaries here you got a good idea of what many of the national lobbying member attorneys will probably telling your BOD. Under the bill, when it becomes law, members will have a better chance to challenge BOD decisions and get to the facts of who really runs your BOD. You might say, the bill will Make HOAs Great Again!