Today, February 6, 2017 (Monday): “JILL’S ACTION ALERT”
Three Bills are being heard in the Senate Rules committee this afternoon.
SB-1240 HOA street authority. Sponsored by Senator Kavanagh. We are all conflicted on this issue, from the votes or opinions expressed are fairly equally divided. I would recommend that we establish a position of Neutral on this Bill. In my opinion whomever owns the streets makes the rules. Where the problem arises is for streets that were allowed to be built to standards that were not in compliance with city codes that provide for emergency vehicle access with or without parking. The bottom line is the safety of the homeowners, no matter who controls the streets they must ensure that emergency vehicles have access at all times. Who best can do that is the crux of this Bill that the legislators must decide. Street control cannot be about aesthetics. Some of our members were the catalyst for getting the original language into statutes after many years of work. If the HOA defines the rules you have the advantage of local eyes always monitoring the situation, but if the association is lax in its enforcement then lives or property are in danger and the city is liable since they own the streets. The proponent for the current language believe that the association is better able to maintain the access requirements for their streets. If the city defines the rules then it is up to them to have signs posed and enforcement in place to protect its emergency services access and its liability. The issue that is lost in these argument is that the proposed language actually allows the city to assign it’s responsibly for regulation to the association assuming with some expectations for enforcement and posting. In my individual opinion the proposed language in this bill is an effective compromise to address the problem. A side issue that is unrelated to this bill is that one of our major concerns is the ability of the association to write rules on how we can use and enjoy our houses that they do not own. This is similarity to the concept of associations defining rules for the use of streets that they do not own. Do we really want to support that concept? This Bill will be heard in Senate Rules on Monday and COW or floor vote later this week.
SB1175 Real estate transfer fees; definition Sponsored by Senator Lesko, This bill applies to sections of statutes that already affect HOA’s but does not change anything relative to HOA’s it simply expands the applicability to additional types of non-profit corporations. I recommend that we simply stay Neutral on this Bill in RTS. This bill goes to Rules on Monday and COW or Floor later in the week.
SB-1289 ALJ attorney fees, Sponsored by Senator D Farnsworth, This bill as written prevents the awarding of attorney fees for any ALJ hearing notwithstanding any provisions in community documents. I recommend that Arizona Homeowners Coalition (#AZHOC) supports this bill as is, both in RTS and in actual testimony before committees. This goes before the Senate rules committee on Monday, and COW or floor later this week.
Please visit and create an account on http://www.arizonavoices.org/ vote on any Bill to enter your position on the proposed Bills.
#JillsActionAlert #AZHOALegislation #AZHOC #AZHomeownersCoalition