Arizona Senate Bill 1151

[HGFA]

The info and phone numbers above are completely out dated as to where we are with the Bill currently. The Bill Passed the House Committee with a 5 to 3 vote. Please visit the Fan Page to see what we are currently doing - https://www.facebook.com/homegrownfreedomact

 

[Sonoran Silkies]

HOA's are NOT charters!!! They are contracts between the HOA and each member. This bill does not apply to HOAs.

 

[mcamodell]

Does anyone know how this law will impact the city regulation on minimum lot size and distances from living areas? It seems to me this law would have no teeth at all if the municipalities can just set the minimum lot size to 1 acre or more. I know here in Surprise the biggest impediment to having chickens is the 1/2 acre lot minimum and the 80' distance requirement, which almost no home has capacity to meet.

 

[Blooie]

I hate to toss cold water, but what most HOA residents are forgetting is that when they got their home, they signed a contract...a legally binding agreement between them and the HOA, to abide by the existing rules of that neighborhood. Once the buyer's name went on that contract, they became legally obligated to follow those rules, even if the buyer decides later that he/she doesn't like certain ones. If the HOA changes their regs to allow backyard chickens that's terrific, and good for them for being willing to allow it. But if the contract the homeowner signed outlines what is and what is not permitted in the HOA's it doesn't matter which governmental entity passes a law allowing chickens, because the HOA contract is a legally binding contract between two parties, not between the homeowner and the city, county, township or state. I'd like to see HOAs brought down a peg myself, especially when I see things like a homeowner being sued or forced out because he flies a flag or likes a particular flowering bush in his yard...I think they encroach way too much on individuality and on personal rights....but once the buyer signed that contract then that buyer basically said, "You are right, I agree with every restriction and requirement in here, and here's my signature to promise my obedience." So I love it when people are willing to put themselves on the line and change things within the HOA. I don't like it when people sign a contract to do something and then whine or sneak behind the authorities' backs thinking they are within their rights. What happened to someone's word (or signature) being his bond? If you don't like what's contained in an agreement, don't sign it and look for another place to live. Would you sign a contract to buy a car if the contract told you what time you could drive it, where you had to park it, and who had the authority to look into it to see what kind of condition it was in?

 

[AZBarbarian]

This Senate Bill did not pass into law.

 

[brooklynbirds18]

I'm also in surprise and I'm dying for this law to go through. Though I am in an HOA, when my family and I were caught having backyard chickens, we found a statement in the agreements that contradicted itself into saying we can have some chickens. When that happened the HOA turned to the city of surprise to see if we could and at that time about a year ago we couldn't, but maybe if things change in the future we can.

I know the HOA's usually have they're own set of rules, but if they have to turn to the city for they're approval, nothing is officially set.

 

[Sonoran Silkies]

I'm also in surprise and I'm dying for this law to go through. Though I am in an HOA, when my family and I were caught having backyard chickens, we found a statement in the agreements that contradicted itself into saying we can have some chickens. When that happened the HOA turned to the city of surprise to see if we could and at that time about a year ago we couldn't, but maybe if things change in the future we can.

I know the HOA's usually have they're own set of rules, but if they have to turn to the city for they're approval, nothing is officially set.

If it is against city ordinances, then the HOA can turn it over to the city to deal with and not have to go to the expense of enforcing. If it is okay with city ordinances, then the HOA would have to sue to enforce, and htat can be costly...especially if it the outcome is not pretty assured.

 

[Sonoran Silkies]

I hate to toss cold water, but what most HOA residents are forgetting is that when they got their home, they signed a contract...a legally binding agreement between them and the HOA, to abide by the existing rules of that neighborhood. Once the buyer's name went on that contract, they became legally obligated to follow those rules, even if the buyer decides later that he/she doesn't like certain ones. If the HOA changes their regs to allow backyard chickens that's terrific, and good for them for being willing to allow it. But if the contract the homeowner signed outlines what is and what is not permitted in the HOA's it doesn't matter which governmental entity passes a law allowing chickens, because the HOA contract is a legally binding contract between two parties, not between the homeowner and the city, county, township or state. I'd like to see HOAs brought down a peg myself, especially when I see things like a homeowner being sued or forced out because he flies a flag or likes a particular flowering bush in his yard...I think they encroach way too much on individuality and on personal rights....but once the buyer signed that contract then that buyer basically said, "You are right, I agree with every restriction and requirement in here, and here's my signature to promise my obedience." So I love it when people are willing to put themselves on the line and change things within the HOA. I don't like it when people sign a contract to do something and then whine or sneak behind the authorities' backs thinking they are within their rights. What happened to someone's word (or signature) being his bond? If you don't like what's contained in an agreement, don't sign it and look for another place to live. Would you sign a contract to buy a car if the contract told you what time you could drive it, where you had to park it, and who had the authority to look into it to see what kind of condition it was in?

HOA rules can and do change over time. HOA members have a vote in how the HOA opperates, and means of changing the CC&Rs and rules exist. One person cannot change a rule, but if they can get sufficient neighbors to agree with the change, it can happen. CC&Rs are difficult to change, so they don't often change. However, laws and ordinances can invalidate portions of them. However ALLOWING something rather than GRANTING A RIGHT are very different things, and laws and ordinances more often allow rather than granting a right. State laws vary, but HOAs in Arizona cannot disallow one from flying a flag, installing solar panels, putting out safety signs that warn to watch for children playing and several other things.

 

[Blooie]

HOA rules can and do change over time. HOA members have a vote in how the HOA opperates, and means of changing the CC&Rs and rules exist. One person cannot change a rule, but if they can get sufficient neighbors to agree with the change, it can happen. CC&Rs are difficult to change, so they don't often change. However, laws and ordinances can invalidate portions of them. However ALLOWING something rather than GRANTING A RIGHT are very different things, and laws and ordinances more often allow rather than granting a right. State laws vary, but HOAs in Arizona cannot disallow one from flying a flag, installing solar panels, putting out safety signs that warn to watch for children playing and several other things.

Absolutely, and I have so much respect for those folks who work within the system - any system - to make those changes! It's good to know that in Arizona HOAs have some limits on what they are allowed to restrict. Unfortunately HOAs do exist which are so overzealous that the color folks can paint their shutters is regulated. My issue is more with people who sign these contracts, then whine that they "didn't know" they couldn't do this or that.....it's called reading and agreeing before the papers are signed.

 

[Sonoran Silkies]

Oh house colours can be restricted, as can landscaping and many other things. But there are things that the state has said are rights and cannot be restricted. In general, I would say we have a very well-balanced (between the association and its members) set of statutes that govern planned communities and condominiums.