PHOENIX (AP) - Republicans who control the Arizona House appear to have no appetite for overriding Gov. Doug Ducey’s veto of legislation affecting homeowners’ associations even though they unanimously backed the bill.
Using a procedural move, House Republicans on Tuesday rejected an effort by Democratic Rep. Ken Clark of Phoenix to force a rare veto override vote. Majority Leader John Allen instead called for members to adjourn for the day, in a move that means Clark could again push the effort.
Clark and Republican Rep. Mark Finchem of Tucson were co-sponsors of the legislation vetoed last Friday. House Bill 2321 barred cumulative voting, where a property owner combines their available votes in an election with multiple board seats and casts them for one board member. That practice can allow a minority of voters to control a board.
Ducey said Tuesday that he doesn’t think government should be running homeowners’ associations.
“I think homeowners’ associations state the rules so everyone can see them,” Ducey said at a media availability. “And I think that would be a slippery slope if we started making improvements, even if that was to be an improvement in how HOAs are run.”
But Ducey signed at least two bills last year regulating homeowners’ associations. One of the measures by Republican Sen. David Farnsworth of Mesa directly relates to board elections, requiring a vote to replace a member who has been removed. The other requires notices for fines or assessments against members and also has an election component.
Bills tightening regulations on homeowners’ associations are regular fixtures at the Legislature, with many members pushing back at what they see as heavy-handed boards. Farnsworth alone said he has 17 proposals this year, although they all appear to have died.
“I feel like homeowners’ associations are out of control,” Farnsworth said. “I lived in one for six months and sold my house and moved. And that’s my number one priority if I ever buy a house - I’ll made sure it’s not in an HOA.”
Finchem didn’t immediately return a call seeking comment Tuesday. Clark said some majority Republicans have told him they might back an override, seeing it as an important statement given the unanimous passage of the measure in both chambers.
“Plus the governor’s explanation of his veto was really, really weak,” Clark said. “It is clear the state of Arizona does regulate the voting rules for HOAs, as it does the voting rules for corporations such as Cold Stone Creamery or anything like that.”
Ducey was once CEO of Cold Stone.
The governor said he plans to be consistent in his opposition to government intrusion in the contractual relationships between associations and them member.
“I think in this administration we’re not going to be regulating the HOAs,” he said. “We’re going to let the HOAs regulate themselves.
Clark said it is possible another effort to force a veto override vote could be coming. He has until the end of the legislative session to try.
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