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Hobbs Signs HOA Accountability Bill

May 24, 2023

By Daniel Stefanski |

An Arizona Republican lawmaker is elated after Democrat Governor Katie Hobbs signed one of her bills this legislative session.

On Tuesday, Representative Barbara Parker issued a press release, announcing that the Arizona Governor had signed one of her bills, HB 2607, earlier this month. Parker’s release describes this action as “a major win for property rights” and writes that this bill “empowers homeowners to hold non-compliant boards more accountable to those they are supposed to serve.”

According to the release, “Under the new law, if the board of a condominium unit owners’ association, or a planned community association, fails to call a special meeting to remove a board member after the requirements are met, then the members of the board are deemed removed from office effective midnight of the 31st day. It further deems the board members removed from office if the board fails to call, notice, and hold a special meeting after the requirements for calling a meeting to remove a board member are met.”

Parker explained her motivation for introducing this legislation, stating, “The purpose of homeowner associations (HOA) was to bring together an association of neighbors to protect and preserve the people’s property and build a sense of community spirit. However, some bad actors have swung the pendulum back to the days of 12th century fiefdoms when overlords punished and abused their citizens. Homeowners had no recourse, other than try to sue deep pocketed Goliaths who can use the people’s own HOA dues against them and even foreclose! HOA boards and property managers need to serve the homeowners they represent, follow the law, and do their jobs.”

She also took a victory lap on the bill being signed into law, writing, “It is no accident that a nation conceived in liberty and dedicated to justice for all protects property rights. America’s Founders understood clearly that private property is the foundation not only of prosperity but of freedom itself and included these protections in the due process clauses of both the Fifth and Fourteenth Amendments. This timely bill was entirely constituent driven, and it was an honor working with the true stakeholders, the homeowners themselves. State law was failing a resident’s ability to fight back against rogue boards. It has become a true ‘We the People’ victory and I could not be more honored to serve Arizona citizens. Now they can exercise their constitutional liberties to hold unresponsive boards and complicit property management associations accountable when they fail to comply with the law.”

Representative Parker’s bill first passed the House Appropriations Committee on February 20 with a 14-0 vote, and then the full chamber on March 1, 31-28. After the bill was transmitted to the Senate, the Government Committee approved of it on March 29 with an 8-0 tally, and then the full Senate on April 11, 28-0. Because it was amended in the Senate Government Committee, the House ratified the changes on April 26 with a 50-8 vote. HB 2607 was then ferried to the Governor’s Office that day, and it was signed into law on May 1.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

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