NEW ARIZONA HOA bill allows sex-offenders & Felons
into HOA Rental Units and Planned Communities Statewide (Sponsor Rep. Michelle Ugenti)
“It’s hard to believe that our Arizona
Lawmakers and the Governor would pass such a dangerous bill” stated one
community manager we had spoken with via telephone. At first glance the HOA amendment
to SB 1454 looks seemingly harmless and protects property manager and
homeowners, until you decipher it stated one Phoenix HOA Board President.
“If not for this one sentence
explained the board president “shall not assess, levy or charge a fee
or fine or otherwise impose a
requirement on a member's rental property any differently than on an owner‑occupied
property in the association.”
What this language means, is if your HOA has rental “requirements”
or restrictions, such as no convicted sex offenders, child molesters and drug
dealers in rental units, those rules just went out the window. You cannot
prevent these types of folks from purchasing units, which they rarely do, but
now this law states we must allow them occupancy into our rental units regardless
of their criminal history, despite our crime prevention programs and regardless
of our rules.
“Arizona State Representative
Michelle Ugenti (District 29) is responsible for this disaster” stated Fran
Tremblay, a now frightened HOA Homeowner. “I moved here because the condominium
association had rules to keep the criminal element out. I’m elderly and now I’m
afraid to live in my own home thanks to our local politicians and their special
interest groups.” Tremblay further stated “Ugenti has 3 children of her own and
sponsors something this dangerous to children and the elderly; she needs to be
ousted from office!”
The Arizona
Association of Realtors and the National Association Residential Property
Managers were among the leading “stakeholders” in AZ HB 2371 (”HOA Omnibus Bill”)
and lobbied the bill’s sponsor Representative Michelle Ugenti to
get the bill passed this session. When HB 2371 failed to move, and was removed
from the Senate Calendar due to harsh opposition, it was added as amendments to several other
House and Senate Bills to push it along.
Many opponents of the
HOA amendments to Arizona Senate Bill 1454, which is a campaign finance bill
are calling foul play on Representative Michelle Ungenti (a
realtor herself) and her cast of constituent realtor buddies such as Senator
Gail Griffin (R) who also added the amendment herself into Senate Bill 2518
which also failed.
“We have been
fighting this damn bill for years.” stated one Gilbert HOA board member. Last
year the same type of legislation was vetoed by Governor Jan Brewer as Arizona
House Bill 2513 it essentially kills our crime prevention programs. There is little
doubt the other language in the bill such as “tenant shall not be required to
sign a waiver” their talking about the crime free lease addendum, which is the
backbone of our now worthless crime free program. This addendum allows us as
the association; to abate the drug-dealers and criminals who reek havoc in
multi-dwelling condominium complexes.
One Association
Manager has sent notice to the Governor and other state officials asking for a
declaratory judgment from the court as the HOA amendment is not germane to the
campaign finance bill and cited it violated article 4, Part 2, Section
13 of the Arizona Constitution. “Brewer and Michelle Ugenti need to
admit their error and correct this before it becomes law. All it takes is just
one sex offender or one drug dealer to wipe out everything we have done to
abate crime in our community” stated one Mesa HOA community manager.
“They were warned…. all of them were warned of the serious
ramifications of this bill Ugenti included! We sent emails, made phone calls,
we even posted Youtube videos of HB 2371 & SB 1454 showing them the evils of the bill’s
and emailed them the links.” stated another community manager in Mesa.
One Phoenix HOA has stated that they are so fed up with
Arizona’s corrupt politicians they have asked the Department of Justice and the
FBI to investigate the “unlawfulness of the bills passing and who’s palms were
greased to make it fly.”
Many HOA’s we have talked to claim that by allowing
criminals into rental units and their communities, is simply going to dearly cost
the homeowners in the end. Associations have echoed that they are increasing
security, installing extra lighting and installing surveillance cameras to abate
the forthcoming crime wave, this cost of course will be passed along to the
homeowners via increased HOA dues and special assessments.
The Arizona Association of Realtors and the National
Association of Residential Property Managers have made claims for years about “abuses
of the HOA” and even have made claim regarding “identity theft” as reasons not
to allow HOA’s any information on tenants. This is utter nonsense stated an HOA
official, who claimed these groups don’t want the HOA to learn that they have
moved in a drug-dealer or a child molester into their rental unit in our
community, it’s all about money she stated.
When the housing market crashed investors purchased units
for next to nothing and now want to move in any tenant they wish, regardless of
their backgrounds. One manager recalls his out of control and dangerous
condominium complex in the East Valley. “It was nothing but a breeding ground
for criminals, drug deals, drug induced suicides, vandalisms and even the
murder of a 19 year old pregnant woman…it was a very scary place indeed.”
After a pregnant woman
was shot to death during a drug deal gone wrong, this East Valley HOA joined
the crime free program however, it wasn’t very effective and crime actually
increased. Once we found out that despite our rules about not renting to drug
dealers, felons and sex offenders the investors, property managers and agents
were still doing it.
“We revised our rules and required that photo ID, criminal
background checks and crime free lease addendums now had to be turned into the
HOA office stated the HOA manager. It took several years and the removal of 68
convicted felons living in rental units to do it, but we now have a safe and
clean place for residents to call home. I can’t believe this new law will no
doubt destroy our community that we have worked so hard to make safe.”
HOA officials are asking for help from homeowners,
associations and residents within HOA’s to contact the Governor’s office and
voice their concerns with the new bill before it becomes law in September 2013.
- We attempted to reach Rep. Michelle
Ugenti at her office and were advised by a staffer that she was unavailable for
comment however, we were told to contact the bill’s author Warren Peterson. As of
of Friday June 28, 2013 we received no call back from Governor Brewer’s office and
her office would not give any comments on the HOA provisions contained in SB
1454.
No comments:
Post a Comment