By Jordan Gerard | Arizona Capitol Times
Key Points:
- HB 4011 would require HOAs to act fairly and reasonably when boards exercise their power
- Supporters say it will help people be aware of the standard to which HOAs are held
- Opponents say the bill doesn’t go far enough and needs a stronger enforcement mechanism
When Caroline Trotter noticed issues in her neighborhood, she went to her local homeowners association. What she encountered prompted her to propose a piece of new legislation.
Trotter has lived in Sun City West for the past six years. For the last year, she has worked on a bill to bring to Rep. Beverly Pingerelli, R-Peoria, that she says could have a significant impact on how HOAs operate.
If passed, House Bill 4011 would charge a condominium unit owners’ association (COA) and a planned community association, such as a homeowners association (HOA), with the duty to act reasonably in the exercise of discretionary powers. The bill defines “duty to act reasonably” as a duty to exercise discretionary powers neutrally, fairly, without favoritism and in a nonarbitrary fashion.
