HB2615 – Ham Radios, Passes House, Moves to Senate

March 31st, 2010

HB2615, the “Ham Radio” bill, was “reconsidered” by the House today and passed by a vote of 37 For, 20 Against, and 3 not voting.  HB2615 will now move to the Senate for consideration.

HB2153 – NOT Heard Monday March 29

March 29th, 2010

Although HB2153 appeared on the Senate Judiciary Committee’s agenda for Monday March 29, the chair of the Judiciary Committee announced, during the hearing, that HB2153 was assigned to the Senate Government Committee.    HB2153 does not yet appear on the April 1, 2010 agenda of the Senate Government Committee.

Although not heard in committee Monday March 29, there were HB2153 Proposed Judiciary Committee Amendments prepared for the hearing.

Friday Update, March 26, 2010

March 26th, 2010

As of Friday March 26, 2010, there are fifteen (15) significant condominium and planned community related bills pending at the Arizona Legislature.  The Bills and their status are as follows:

Bill Subject Committees Assigned Action
HB2153 House Engrossed Version  Roadways/Parking House Government and House Rules House passed 46-14-3.  Assigned to the Senate Government Institutions Committee.   No hearings scheduled.   
 HB2768 House Engrossed Version Transfer Fee Covenants House Government and House Rules House passed 58-2.  Senate Commerce and Economic Development Committee voted 6-1-1 to recommend passage by entire Senate.
 HB2345 House Engrossed Version Open House Signs House Government and House Rules House voted 53-0-6 to pass.  Passed Senate Government Committee 9-0.  Now moves to the entire Senate.   
HB2615 Ham Radios House Military Affairs and Public Safety and House Rules House Military Affairs and Public Safety and House Rules voted 6-1-1 to recommend to the full House to pass.  Defeated by the full House, 24 “For”, 30 “Against”, and 6 not voting.  Full House will “reconsider” its denial on March 31. 
SB1012 Board Meetings, E-Mail, Etc. Senate Government and Senate Rules No Hearings Set
HB2396  Mandatory Registration House Government and House Rules No Hearings Set
HB2355  “Clotheslines” House Government and House Rules No Hearings Set
SB1211  Resale Disclosure Fee Refund Senate Government and Senate Rules No Hearings Set
HB2476  Condominium Restricted Uses House Government and House Rules No Hearings Set
SB1270 Awnings Senate Government and Senate Rules No Hearings Set
SB1386 Nightly Rentals Senate Government and Senate Rules No Hearings Set
HB2641 Condo CC&R Amendments House Government and House Rules No Hearings Set
HB2753 Registration of Managers House Government and House Rules No Hearings Set
HB2783 “Rooms by the Hour” House Government and House Rules No Hearings Set
HB2778 Rainwater Catchment Systems House Government and House Rules No Hearings Set

HB2153 – Roadways – Re-Assigned and Re-Scheduled – Hearing Monday March 29, 1:30 pm

March 25th, 2010

HB2153 House Engrossed Version  has been re-assigned to the Senate Judiciary Committee, chaired by Chuck Gray, and is scheduled to be heard at 1:30 pm on Monday March 29, 2010 in Senate Hearing Room 1.

While HB2153 is supposedly about “parking on public streets” the bill does not use the words “parking” or “vehicle.”  HB2153 has a number of flaws:

  1. There is no philosophical reason or justification for why the ability of a planned community to exert “authority” over an area “dedicated to a governmental entity” is bad after the developer is done but is acceptable before.  If exercising authority over property owned by or dedicated to a governmental entity is bad, isn’t it bad all the time? 
  2. If the bill is really about parking, then enforcement of a parking prohibition in a planned community’s governing documents is the enforcement of a contractual provision and does not, in its enforcement, exert any “authority” over the roadway itself. 

If a statute negating a contractual provision in CC&Rs that makes it improper for your neighbor to park his boat or RV in front of your house bothers you, speak up in opposition to HB2153 with the Senate members of the assigned committee, and with your senator who may not be on the assigned committee.

HB2615 – Ham Radios – Defeated in House

March 24th, 2010

HB2615 was voted on in the House today.  The House voted 24 “FOR”, 30 “AGAINST”, and 6 not voting.

HB2345 – Open House Signs, Etc., Hearing on Thursday March 25, 2010 at 9 am

March 22nd, 2010

HB2345 House Engrossed Version will be heard in the Senate Government Institutions Committee on Thursday March 25, 2010 at 9 am in Senate Hearing Room 1.

HB2153 – Roadways – Committee Hearing Cancelled for Monday March 22

March 19th, 2010

Senator John Nelson, the chairman of the Senate committee that was set to hear HB2153 on Monday March 22 has decided not to hear the bill on Monday March 22, 2010.

Friday Update – March 19, 2010

March 19th, 2010

As of Friday March 19, 2010, there are fifteen (15) significant condominium and planned community related bills pending at the Arizona Legislature.  The Bills and their status are as follows:

Bill Subject Committees Assigned Action
HB2153 House Engrossed Version  Roadways/Parking House Government and House Rules House passed 46-14-3.  Now moves to Senate. Assigned to the Senate Natural Resources, Infrastructure and Public Debt Committee.  Set for a hearing on Monday March 22 at 1:30 pm in Senate Hearing room 109.   BILL WILL NOT BE HEARD – DECISION OF COMMITTEE CHAIR LATE FRIDAY MARCH 19.
 HB2768 House Engrossed Version Transfer Fee Covenants House Government and House Rules House passed 58-2.  Assigned to Senate Commerce and Economic Development Committee.   Committee voted 6-1-1 to recommend passage by entire Senate.
 HB2345 House Engrossed Version Open House Signs House Government and House Rules House voted 53-0-6 to pass.  Now moves to Senate Government Committee.  Set for a hearing on Thursday March 25 at 9:00 am. 
HB2615 Ham Radios House Military Affairs and Public Safety and House Rules House Military Affairs and Public Safety and House Rules voted 6-1-1 to recommend to the full House to pass.  Currently awaiting action by entire House. 
SB1012 Board Meetings, E-Mail, Etc. Senate Government and Senate Rules No Hearings Set
HB2396  Mandatory Registration House Government and House Rules No Hearings Set
HB2355  “Clotheslines” House Government and House Rules No Hearings Set
SB1211  Resale Disclosure Fee Refund Senate Government and Senate Rules No Hearings Set
HB2476  Condominium Restricted Uses House Government and House Rules No Hearings Set
SB1270 Awnings Senate Government and Senate Rules No Hearings Set
SB1386 Nightly Rentals Senate Government and Senate Rules No Hearings Set
HB2641 Condo CC&R Amendments House Government and House Rules No Hearings Set
HB2753 Registration of Managers House Government and House Rules No Hearings Set
HB2783 “Rooms by the Hour” House Government and House Rules No Hearings Set
HB2778 Rainwater Catchment Systems House Government and House Rules No Hearings Set

HB2153 – Senate Hearing on Monday March 22, 2010 at 1:30 pm

March 17th, 2010

HB2153 House Engrossed Version  has been assigned to the Senate Natural Resources, Infrastructure and Public Debt Committee.  A hearing on HB2153 is currently scheduled for Monday March 22, 2010 at 1:30 in Senate Hearing Room 109.

While HB2153 is supposedly about “parking on public streets” the bill does not use the words “parking” or “vehicle.”  HB2153 has a number of flaws:

  1. There is no philosophical reason or justification for why the ability of a planned community to exert “authority” over an area “dedicated to a governmental entity” is bad after the developer is done but is acceptable before.  If exercising authority over property owned by or dedicated to a governmental entity is bad, isn’t it bad all the time? 
  2. If the bill is really about parking, then enforcement of a parking prohibition in a planned community’s governing documents is the enforcement of a contractual provision and does not, in its enforcement, exert any “authority” over the roadway itself. 

If a statute negating a contractual provision in CC&Rs that makes it improper for your neighbor to park his boat or RV in front of your house bothers you, speak up in opposition to HB2153 with the Senate members of the assigned committee, and with your senator who may not be on the assigned committee.

HB2768 – Transfer Fee Covenants – Senate Committee Hearing “do pass”

March 14th, 2010

HB2768 House Engrossed Version (already passed the House), by a vote of 6-1-1 was given a “do pass” recommendcation to the full Senate by the Senate Commerce and Economic Development Committee at 1:30 pm on Tuesday March 16, 2010 in Senate Hearing Room 1.