Homeowners who live in HOA'S across Arizona are fit-to-be-tied over a new Arizona HOA Law that will eliminate crime prevention programs. The Arizona Association of Realtors and the National Association of Residential Property Managers are applauding the passing of SB 1454 and were the key stakeholders of the bill.
Sponsored by Arizona State Rep. Michelle Ugenti and signed by Governor Jan Brewer, who are now proclaimed to be "Blondie and the Bimbo" are not commenting on the bills passage. Homeowners and their associations claim this bill is coursed by realtors and property managers who simply want to allow anyone into their communities, without any requirements even if they are criminals or sex-offenders.
The new law prohibits associations from having a separate set of rules on rental units than they would have on an owner occupied unit. Associations claim that by including this language in the bill, it will open the door for sex-offenders, drug dealers and criminals to move into rental units.
At first glance it was hard to figure out what many homeowners and associations were talking about until they explained it. Homeowner Associations cannot disallow criminals or sex-offenders from purchasing units, which is usually very rare. Under the new law associations can no longer disallow sex offenders or criminals in rental units as they would be imposing a separate rule than an owner occupied unit.
Many associations have rules and rental restrictions preventing investors, realtors and property managers from renting units to felons and sex offenders. Some association officials stated these rules are to keep their residents safe, especially children and the elderly.
Homeowner associations are terribly concerned that the Rep. Michelle Ugenti a Realtor herself, illegally jammed the bill thru after 4 separate attempts failed this year. The new HOA law was added as a floor amendment to SB 1454 which is a campaign finance bill and has nothing to do with HOA reform. Opponents claim the amendment is not germane to campaign finance and the passing of the bill violates the Arizona Constitution.
Many homeowners and associations have asked the feds for an investigation, as they claim to have evidence of staged and chorused emails mentioned in legislative hearings. "It appears the slumlords, realtors and property managers have finally found a way to circumvent rental restrictions and crime prevention programs" stated one community manager we had spoken with.
Also included in the bill was language that disallows associations from requiring a crime free lease addendum from being signed by renters. Community managers claim the addendum's are the backbone of all crime prevention programs and are used to abate tenants that engage in criminal activity.
Harsh words were expressed to the Community Association Institute (CAI) the HOA watchdog group that is suppose to be fighting bad legislation. Most felt that the CAI had some sort of involvement in the passing of the bill by taking a "neutral position" on the legislation even after being warned of the dangers. "The CAI did nothing to prevent this, they almost endorsed it" stated a HOA board member. We will no longer be supporting the CAI and have withdrawn our yearly donation to this organization."
Last year Arizona House Bill 2513 contained almost verbatim language found in SB 1454 however, it was vetoed by the same Governor, Jan Brewer. Arizona House Bill 2513 was sponsored by fellow realtor's and then Rep. Steve Urie who was the former President of the National Association of Residential Property Managers.The passing of SB 1454 has homeowners and HOA officials now scratching their heads as to why it would pass this year after the 2012 veto by the same governor.
Many HOA officials have vowed to continue their investigation and seek out those responsible to hold them publicly accountable for their corruption. One HOA official stated "No law should ever be enacted that causes a serious risk to the general public, children, community safety or disallows rules in which the homeowners have voted upon."
HOA officials continue to investigate the bills passing, its sponsors and clearly stated the bill is contrived and falls nothing short of a conspiracy. So far we have received no comment back from Rep. Michelle Ugenti, the National Association of Residential Property Managers, Arizona Association of Realtors, Condominium Association Institute or the Governors office.
