Rules Committee To Hear Bill On Homeowner’s Right To Peacefully Assemble

For a short time Gladden Farms resident, Joe Nichols, flew his Trump flag. [Photo courtesy Joe Nichols]

On Monday, the Arizona House Rules Committee will consider, HB2052, a bill that prevents a home owner’s association or a planned community association from prohibiting homeowners “from peacefully assembling and using private or common elements of the community.”

The bill, introduced by Rep. John Kavanagh, comes on the heels of the contentious 2020 election cycle, in which numerous citizens complained of overreach by associations.

The bill passed out of the House Government and Election Committee with unanimous support.

Legislative Overview:

History

An association may not prohibit door-to-door political activity or circulation of political petitions on property normally open to visitors within the association; except in specified circumstances.

Additionally, an association may not prohibit a member from displaying a political sign on their property; except that they may prohibit the display of political signs earlier than 71 days before the day of an election and later than three days after an election day.

A political sign is defined as a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer (A.R.S. § § 33-1261, 33-1808).

Provisions

1. States that an association cannot prohibit door-to-door political or community activity or circulation of political or community petitions on property normally open to visitors within the association, except in currently specified circumstances. (Sec. 1, 2)

2. Stipulates that an association cannot prohibit or unreasonably restrict a member’s ability to peacefully assemble and use private or common elements of the community if done in compliance with reasonable restrictions put in place by the Board of Directors for use of that property. (Sec 1, 2)

3. Allows a member or group of members to organize to discuss or address planned community business, including the following:

a) Board elections or recalls;

b) Potential or actual ballot issues;

c) Revisions to the community documents;

d) Property maintenance

e) Safety issues; or

f) Any other community business or actions. (Sec. 1, 2)

4. Permits a member to invite a political candidate or other non-member guest to speak to a group of members. (Sec. 1, 2)

5. Redefines political sign. (Sec. 1, 2)

6. Makes technical and conforming changes. (Sec. 1, 2)

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