The ink isn't even dry on the stipulation, thus voiding the HOA provisions in SB 1454 and there are already plans to bring back this legislation in 2014.
In an email obtained by ARIZONA HOA PRESS - From: Platinum Partner Law Firms
Importance: High!
"Platinum
Partner Law Firms: Just wanted you to have the information that we
sent to our membership this morning. This is expected to be finalized
by late this afternoon or tomorrow. We have already been in
touch with Rep Ugenti and the Realtors to move forward with the same
Bill during the 2014 Session."
SB 1454 was deemed as the most "controversial bill" in the 51st Legislative Session. Dave Russell, Community Manager, for Circle Tree Condominiums in Mesa, blew the lid off of SB 1454 in a KPHO news interview with Reporter Heather Moore. Russell stated, "SB 1454 allows sex offenders, convicted felons and drug-dealers into HOA rental units in crime free properties."
When reporter Heather Moore interviewed Rep. Warren Petersen - R-Gilbert, Petersen seemed to be at a loss for words about the potential fallout of the legislation he authored.
When asked if he knew those restrictions were keeping out a specific type of tenant, i.e. sex offenders, drug dealers and convicted felons, the freshman lawmaker struggled to answer. He said he was unaware convicted felons were the ones being turned away under the new law.
When reporter Heather Moore interviewed Rep. Warren Petersen - R-Gilbert, Petersen seemed to be at a loss for words about the potential fallout of the legislation he authored.
When asked if he knew those restrictions were keeping out a specific type of tenant, i.e. sex offenders, drug dealers and convicted felons, the freshman lawmaker struggled to answer. He said he was unaware convicted felons were the ones being turned away under the new law.
When confronted with that information, Petersen said, "I think you're using an extreme hypothetical here."
"The legislation doesn't say anything about sex offenders," Petersen laughed.
While Petersen called it hypothetical, CBS News found it is happening.The law doesn't take effect until September, but homeowners have already started breaking the crime-free agreements and renting to those previously not allowed, like Daniel Thresher, a registered sex offender who just moved into a designated crime-free HOA property in Mesa. Petersen was silent when it was pointed out the legislation opens up a whole new rental market for convicted felons, those previously shut out of certain communities.
George Staropoli, an HOA Homeowners Advocate, stated other issues with the new law;
"The
motivation behind the acts to pass SB 1454 and the failure by the
Legislature and Governor to reject the bill for the flagrant violation
of the Arizona Constitution speaks for itself. And that can only be
viewed as favoring HOAs and the HOA management firms. SB 1454 raises
other questions of constitutional violations not addressed in this
complaint: special laws for special groups, and a violation of the
separation of powers doctrine as the supreme court has the authority to
set rules and regulations affecting the judiciary, not the legislature."
George Staropoli also raised questions "Particularly
disturbing was the amendments that granted special powers to HOA
managers to represent HOAs in small claims court and in OAH hearings,
powers that state Certified Legal Document Preparers do not possess. The
litigation rights of homeowners were put at a disadvantage because they
could not also have an untrained and unlicensed third-party represent
them."
"Many
may believe that SB 1454 had HOA amendments that would benefit
homeowner rights and this lawsuit removed these benefits. The loss of
these perceived benefits lies not in this victory, but in the acts of
Rep. Ugenti who is responsible for attaching, at the last legislative
session, her defeated HB 2371 to SB 1454. SB 1454 now became a bill with two subjects in violation of the constitution." Staropoli concluded.
HOA HOMEOWNER ADVOCATES SUE THE STATE OF ARIZONA (SB 1454)
Rep. Michelle Ugenti of Scottsdale added provisions to an unrelated election law that included forbidding local governments from requiring developers to establish a homeowner association and banning associations from performing
background checks on tenants.
Homeowner Associations claim SB 1454 would have jeopardized the safety and security of many HOA's in Arizona. "It would appear that our Realtor Lawmakers, are changing the laws to accommodate their clients/investors, who purchased thousands of homes during the housing market crash, and now could care less about the impact to our communities, by allowing felons, sex offenders and drug into rental units." stated an HOA (Gilbert) board president
Rep. Michelle Ugenti's integrity is now being called into question again. "She sponsored a bill that would have made it a felony if you failed to report your child missing. She wants to secure the boarder and now, she seems to care less, if the sex-offender moves in next door to our children," stated an angry Dave Russell.
After a brief victory yesterday homeowners, associations, HOA members and HOA activists were geared up when they learned that this proposed legislation is coming back in 2014. These groups are already rallying supporters, lawmakers and hiring attorneys to defeat the proposed legislation next year.
-Sue Jones
AZHOAPRESS
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