New legislation enacted by the Arizona House last week would make it significantly more difficult for property owners in the state to regulate people who attempt to band together against their HOA.
House Bill 2158, which prohibits homeowners associations from banning certain types of speech and action, will protect the rights of anyone who choose to express their dissatisfaction with their HOA’s management.
The bill was put into law by Arizona Governor Doug Ducey earlier after also passing through the state legislature.
Promoters of the bill have advised congress members that “authoritarian” homeowner’s organisations have grown out of hand in their attempts to restrict them, in an effort to stifle opponents who would try to voice their concerns at neighbourhood meetings.
If they don’t agree to what we’re expressing, they’ll cut off from the discussion altogether.
Now more than ever, it is important that we go inside and prevent them from interfering with people’s basic rights any longer.
The ability of a resident to engage in a HOA election by having to put up campaign posters related to the organisation or organising activities inside the neighbourhood is particularly safeguarded by the legislation.
The publication of notifications for informal member meetings in bulletin boards administered by the organization, of if they are hardware or software, is not prohibited under the group’s bylaws or policies.
Residents are also permitted to publicly congregate and discuss HOA business, including includes the following activities, in accordance with the criteria of HB 2158:
The members of the Board of Directors were elected or dismissed on an annual basis.
There is the risk of election-related issues, whether rumoured or confirmed.
The materials provided to the public have been revised and updated.
The fear of losing control over one’s possessions or their concern for the safety of others
Additional business or acts undertaken by community members are strongly urged upon.
Owners organization (HOA) residents ought to be able to speak freely without fear of being fined or cited, according to David Hill, a supporter of HB pcs who worked tirelessly to see it passed in the legislature.
Hill noted in his statement before state legislators that political fliers were removed from his neighborhood association as they were considered to be disrespectful of a board members’ authority.
A common comparison among residents of homeowner’s associations is that life in a homeowners’ association is similar to living in Germany during the Cold War, when a sign warns inhabitants that they would be leaving the Soviet-American Zone.
Several local property owners (HOAs) have earned a bad image in recent years as a result of its efforts to downplay concerns in their own neighbourhoods.
According to press reports, local authorities allegedly penalised persons who posted derogatory messages on the Gilbert community’s Facebook page, among other things.
In 2019, he received an cease-and-desist order from the neighborhood association (Homeowners association) in which he lived after publicly complained about the status of the sidewalks in his neighbourhood in the previous year.