Assessment Technology, Inc Social Studies Content Writer Health Care Rio Salado College PA's/Online Instructors General CORT WAREHOUSE/DRIVER Construction Komatsu Equipment Co Mechanic General CORT Warehouse Supervisor Tucson RegionLegislation would rein in homeowners associationsCapitol Media Services
Tucson, Arizona | Published: 03.20.2007
PHOENIX — The House of Representatives continued chipping away Monday at the power of homeowner associations to regulate what their residents do on their property.
A proposed new bill would block the ability of associations to ban the installation or use of solar energy devices. That would include everything from solar cells that directly generate electricity to rooftop coils that help heat house or pool water.
There already are laws designed to guarantee that. But Rep. Chad Campbell, D-Phoenix, said HB 2593 is needed because there are too many loopholes allowing some associations to effectively ban the units.
The bill is one of three related items given final approval and sent to the Senate, which has already approved several other measures curbing homeowner association powers this session.
Another bill, HB 2595, would require associations to accommodate the "reasonable heights and dimensions" of antennas put up by amateur radio operators.
The House also gave final approval to HB 2722, which guarantees that homeowners who file suit against their own associations get their legal fees paid in certain circumstances.
The measures are the latest in what has been a multiyear effort by lawmakers to curtail the power of homeowner associations. Legislators got an earful from residents of developments governed by these groups about what they saw as unresponsive boards and arbitrary actions.
In prior years lawmakers limited the ability of associations to foreclose on homes solely because residents refused to pay fines. They also have allowed homeowners to fly various flags, first for the United States and later for military branches and prisoners of war.
Rep. Olivia Cajero Bedford, D-Tucson, questioned Monday whether in the rush to help some homeowners lawmakers were ignoring the rights of others. She was particularly concerned about the amateur radio antennas and the towers on which they have to be mounted.
"Nowhere did I find 'reasonable accommodation' for neighborhoods or neighbors," she said, complaining specifically about a 99-foot radio tower put up in the Gates Pass area of the Tucson Mountains several years ago over the objections of neighbors.
But Rep. Nancy McLain, R-Bullhead City, sponsor of the radio tower bill, noted that was not within a homeowner association. In fact, she said, the resident in question got approval from the Pima County Board of Supervisors.
McLain said federal law already requires communities to make reasonable accommodations for amateur radio towers.
But Cajero Bedford said there is no reason for the Legislature to override the majority decision of residents who choose to live within homeowner associations simply for what is a "hobby" for some people.
The state Senate already has approved several other measures this year aimed at homeowner association rules.
One would bar associations from restricting parking on city or county-owned streets within the subdivision. Another would allow homeowners to put "for sale" signs on their own property, regardless of rules.
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