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Election Campaigning

Our association is having a board election and IMHO they have overly restrictive campaigning rules. For instance, if a candidate is walking in the greenspace they are not allowed to have a conversation with a fellow resident about the election or any association business without officially reserving space from the management. One candidate has been threatened with removal from the candidate list due to this ridiculous rule. Is there free legal assistance available? The AZDRE charges $500 for a hearing. Thanks.

4 Responses

  1. Dennis Legere

    Ann,
    Your association’s rule is invalid because it clearly violate state law. Any homeowner can campaign door to door on any political activity including association specific political activity. This would also apply to any common property of the association. Limitations may be OK for non-residents campaigning for general political activity but not for residents, for any reason.
    Dennis

    1. Ann Stone

      Thanks for your response, Dennis. The association allows door-to-door solicitation, but during the Meet the Candidates board meeting they advised homeowners to post “no solicitors” signs on their front doors. The GM has already warned one candidate to stop having conversations on association property without officially reserving a meeting room, per the governing documents. If we don’t get new board members this election, we will be forced to go the AzDRE. This is one of many problems we are dealing with from our overly controlling board members.

      1. Dennis Legere

        Ann,
        I’m sorry for your situation. I try very hard to enact legislation that is clear, but I cannot control what attorneys tell these board or make any of these board comply with the law. Work to get a new board. hopefully you will get someone that takes their responsibility to the community seriously. My top priority legislation this year is one that establishes the responsibility of the board to comply with the law, and to treat members fairly.
        Dennis

  2. Dennis Legere

    I know of no pro-bono attorneys willing to represent homeowners. The ADRE process is still cheaper than any other type of legal challenge. Unfortunately the courts are the only option for homeowners to enforce the law, and there is no state agency that oversees thes communities.
    Dennis

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