New Arizona Law Gives More Power to Property Owners

While Governor Katie Hobbs (D) has been busy vetoing bills this legislative session, some Republican-backed measures have been able to become law. Most recently, the House Majority Caucus announced Tuesday that one of those bills was HB 2607, sponsored by State Representative Barbara Parker (R-Mesa), which tries to give more power to property owners.

Under the law, members of a condominium owner’s or planned community association can call to remove a board member if they feel the official is not serving them well. Community members must submit a petition that contains a certain percentage of members. An association of 1,000 requires 25 percent of members to approve, while larger associations only require ten percent.

At least 30 days after receiving the petition, the board must hold a special meeting where members can vote on removing the member in question. A majority vote is required to remove the board member. However, the law has no direct punishments if that meeting does not occur within the 30-day time limit.

That is until HB 2607 passed. Suppose an association board receives a legal petition but does not call, notice, or hold the meeting before the deadline. In that case, the board member in question is automatically removed on the 31st day.

In response, Parker (pictured above) said her new law helps ensure property owners, not board members, have the power.

This timely bill was entirely constituent driven, and it was an honor working with the true stakeholders, the homeowners themselves. State law was failing a resident’s ability to fight back against rogue boards. It has become a true ‘We the People’ victory and I could not be more honored to serve Arizona citizens. Now they can exercise their constitutional liberties to hold unresponsive boards and complicit property management associations accountable when they fail to comply with the law, Parker said. Homeowners had no recourse, other than try to sue deep pocketed Goliaths who can use the people’s own HOA [Home Owners Associations] dues against them and even foreclose! HOA boards and property managers need to serve the homeowners they represent, follow the law, and do their jobs.

SB 1333 – DHS Database

Another bill recently signed by Hobbs was SB 1333, sponsored by State Senator Janae Shamp (R-Surprise). This bill requires that, by July 1st, 2024, the Arizona Department of Health Services (DHS) create a publicly accessible database that shows the names of health professionals who have had their licenses or certifications revoked within the past five years. The database must also share what health profession regulatory board revoked the license.

SB 1186 – Foster Child Rights

Next, State Senator Ken Bennett (R-Prescott)’s bill, SB 1186, which expands and clarifies the rights of foster children and parents, became law. Specifically, the bill puts into law that foster children have the right to be placed with a relative when it serves the child’s best interests, to not be subject to physical discipline, and to have access to an attorney.

Additionally, the law extends the rights already given to foster parents to kinship foster caregivers, such as grandparents or aunts and uncles. Lastly, for the child’s biological parents, the law states they have the right to prevent the Department of Child Services (DCS) from taking the child unless the department provides valid reasoning for the removal.

HB 2478 – Aggravated Assault Definition

Moreover, HB 2478, sponsored by Representative Kevin Payne (R-Sun City), expands the definition of aggravated assault. Now, if someone attacks an employee of a law enforcement agency (LEA), not just a peace officer, who is acting within their official duties, that person can receive increased penalties. If the assault involves a deadly weapon, the perpetrator can receive a class 2 felony. A Class 3 felony is given if the assault results in disfigurement.

All of these bills passed with bipartisan support.

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Neil Jones is a reporter for The Arizona Sun Times and The Star News Network. Follow Neil on Twitter. Email tips to [email protected].




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