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#Jills Action Alert 2/25/17#

Next week there are 4 bills being addressed on current agendas.

(For Registered Arizona Legislature Website Users:  Click Here to go directly to vote on the Bills)

SB-1072 Administrative decisions; scope of review will be heard in Senate COW on Monday and may have the third read the same day.   Sponsor: Senator Petersen.

This bill provides for the separation of administrative decisions made in the executive branch of government by the Dept. of Administrative Hearings from the appeal process in the judicial branch in Superior court. It allows the Superior court to hear an appeal based on its merits without prejudice from the earlier decision by an ALJ. This bill will be voted on the floor of the Senate on Monday 2/27/17

AZHOC position on this Bill:  AZHOC supports this Bill; AZHOC would like further clarification on language.

SB-1060 Homeowners’ Associations; dispute process; will be heard in the House Government committee on Thursday 3/2 Sponsor: Senator Kavanagh.

This is simply a technical change on the Arizona Dept. of Real Estate as the agency assigned to resolve disputes between homeowners and CIC associations that was approved last year. This Bill passed the Senate 30-0. Assigned to House Government Committee, will be heard on Thursday 3/2/17

AZHOC position on this Bill:  AZHOC supports this Bill

SB-1371 delinquent property taxes; common areas; will be heard in the House Ways and Means committee on Wednesday 3/1. Sponsor: Senator Petersen

This prevents foreclosure on a tax lien on the common areas of HOA, and limits the lien holder’s recourse to collect the lien as litigation against the association’s liability. This clearly helps the associations and hurts the lien holder. For the homeowner you will never have to face the situation where the common areas of your community are owned by a private individual or agent where they can charge you any fee that they want for you to use those common elements. The potential impact to homeowners from a third party owning the common area of the association are broad and significant and while an association with unlimited resources would be unlikely to not pay the taxes on its common area which would be a clear breach of its fiduciary responsibilities to the community, this consequence must be prevented. Request To Speak is open.

AZHOC position on this Bill:  AZHOC supports this Bill

 

SB-1175 Real Estate transfer fees; definition; will be heard in the House Commerce committee on Tuesday 2/28.  Sponsor: Senator Lesko.

This bill expands the definition of association beyond HOA and Condominiums and applies it to other types of non-profit corporations. This will in effect allow additional transfer fees to be charged homeowners, by separate non-profit corporations that are linked to the HOA or Condominium but have nothing to do with the actual purchase of the home or property. AZHOC opposes this bill on these grounds, this bill expands the commitment and responsibility of the homeowner to corporations that are unrelated to the HOA or Condominium and for which there is no legal obligation to do so.

This Bill passed the Senate 30-0, Assigned to House Commerce Committee, will be heard on Tuesday 2/28/17

AZHOC position on this Bill:  AZHOC strongly opposes this Bill

PLEASE e-mail the following regarding SB-1175 and let the representatives know that this Bill is not good for the homeowners.

The Commerce committee member e-mails are as follows:

jweninger@azleg.gov; jnorgaard@azleg.gov; cchavez@azleg.gov;  
tclodfelter@azleg.gov; mepstein@azleg.gov; despinoza@azleg.gov;  
dmitchell@azleg.gov; tshope@azleg.gov; msyms@azleg.gov

House Rules Committee is chaired by Representative Lovas the members are:

jallen@azleg.gov; wbenally@azleg.gov; 
pboyer@azleg.gov; despinoza@azleg.gov; 
efarnsworth@azleg.gov; plovas@azleg.gov; 
rrios@azleg.gov; tshope@azleg.gov; ktownsend@azleg.gov

 

Let your voices be heard:

For Registered Arizona Legislature Website: Click Here

      To Register, instructions are available: Click Here

For Non-Registered, please go to Arizona Voices site and register to vote: Click Here

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