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Arizona Homeowners Coalition
Legislative Update
Legislative Update #8
2/8/2022

 
            Last night on the last day for new bills to be introduced we finally got our HOA assessment bill HB-2730 See Bill Text Here . For a detailed explanation of why this bill is so important and summary of the details of the bill see this document  Talking Points Document . This bill simply clarifies the language of statutes to end the illegal and predatory collection practices of HOA attorneys. This bill will also end the inappropriate exclusion of common interest community homeowners from the protections afforded from the Homestead Exemption. For those of you that do not know about the Homestead Exemption it is a section of law that except for first mortgages, protects up to $250,000 of equity in your home from liens. This protection is afforded to all primary residence homes in the state but for 30 years now based on one simple statement in these statutes all 2 million Arizona homes in these communities were excluded from this protection based on the lies presented to the legislature by the HOA industry trade groups of CAI and AACM.
            This bill is a direct attack on the primary income source for all HOA attorneys and will be contested with everything that CAI and AACM can bring to bear. While this bill if enacted, will result in fair treatment of homeowners with assessment delinquencies and fair treatment of associations in need of the assessment payments, it will be an especially difficult battle.  Because this bill was finally introduced so late in the session with only one committee meeting left to hear this bill before the deadline, and because it was introduced by a Democrat in a Republican controlled legislature. While this bill is totally non-partisan the reality of the legislature is totally partisan.
            Three individual lawmakers control the fate if this bill. Speaker Bowers and Majority leader Toma control if this bill will be added to the calendar for consideration by the House, and allowed to be first read in the House. If that is done it will then be given a committee assignment. Based on the content of the bill it would most likely be assigned to either The Government and Elections committee or the Judiciary committee.  Those respective committee chairmen would then have to agree to put this bill on their last committee meeting agenda next week or the bill will die without being considered.
Action Required
  • Write Speaker Bowers and Majority leader Toma at rbowers@azleg.gov and btoma@azleg.gov , with a subject line of “Please added HB-2730 HOA assessment liens to the House Calendar at the earliest opportunity”
  • For those of you with accounts on the azleg.gov web site, enter an RTS position in favor of this bill using the “My Bill Positions” menu item as soon as possible.
         The calendars for next week will be set by Thursday night so the bill must be first read on the house floor prior to Thursday of this week to be included on an agenda.
 
Thank you all for your support.
Dennis Legere

Our Mission:


To advocate, protect, support and advance the best interests and rights of all Common Interest Community members.
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Disclaimer
We are not attorneys and any advice provided in this correspondence is not provided as a legal opinion, and cannot be used as such. We offer this advice based solely on our research and experience in dealing with HOA issues, in an effort to inform and communicate the literal written statutes and case decisions available to the public.

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