Dear Cyber Followers:
As you may know, the Arizona Legislature is very close to ending its 2015 session. The House will be voting on Monday, March 30, 2015 regarding the fate of SB1452 and SB1453. In my opinion, there are aspects of each bill that will be detrimental to community association governance.

For example, SB1452 states that once a director is removed from office by the community, that director cannot be appointed or elected to the board again for two years after the date of removal. In my opinion, this is unnecessary interference with a member’s rights to run for or serve on a board.

Further, SB1453 states that an association, upon receipt of a certified mail response from an owner regarding a violation, must now give the owner written notice of the owner’s right to petition for an administrative hearing regarding the matter. This language will invite owners to file complaints against an association which will be costly for an association to defend. SB1453 also states that late fees may only be charged after the association has provided notice that the assessment is overdue. This will require the association to send a written communication to delinquent owners prior to the association placing a late fee on that owner’s account. In my opinion, this is an unnecessary burden for associations and will promote owners not paying assessments in a timely manner.

If you are opposed to these bills, we are respectfully asking you to email any or all of the following legislators urging them to vote NO on SB1452 and SB1453:

John Christopher Ackerly
John M. Allen
Lela Alston
Richard C. Andrade
Brenda Barton
Jennifer D. Benally
Reginald Bolding
Sonny Borrelli
Russell “Rusty” Bowers
Paul Boyer
Kate Brophy McGee
Noel W. Campbell
Mark A. Cardenas
Heather Carter
Ken Clark
Regina Cobb
Doug Coleman
Diego Espinoza
Karen Fann
Edwin W. Farnsworth
Charlene R. Fernandez
Mark Finchem
Randall Friese
Rosanna Gabaldón
Sally Ann Gonzales
David M. Gowan Sr.
Rick Gray
Albert Hale
Anthony Kern
Jonathan R. Larkin
Jay Lawrence
Vince Leach
David Livingston
Phil Lovas
Stefanie Mach
Debbie McCune Davis
Juan Jose Mendez
Javan D. “J.D.” Mesnard
Eric Meyer
Darin Mitchell
Steve Montenegro
Jill Norgaard
Justin Olson
Lisa A. Otondo
Warren H. Petersen
Franklin M. Pratt
Rebecca Rios
Tony Rivero
Bob Robson
Macario Saldate
Andrew C. Sherwood
Thomas “T.J.” Shope
Victoria Steele
David W. Stevens
Bob Thorpe
Kelly Townsend
Michelle R. Ugenti
Ceci Velasquez
Jeff Weninger
Bruce Wheeler

Please feel free to contact our office with any questions.


Beth Mulcahy, Esq.