KPHO TV / Greg Mocker
“In America, we don’t have special places for special people.”
Senator tone-deaf to homeowners living in Arizona HOAs, departs from CAI talking points using bizarre candy store, underwear analogy. See for yourself.
UPDATE: East Valley Tribune weighs in - HOA bill should get its day in the sun - see comments
Dear Sen. Blendu,
I’ll cut right to the chase! You should be ashamed of your
performance during your interview with Greg Mocker, which aired on Channel 5 last evening. Knowing you were going to be nterviewed
and knowing what the “hot topic” would be, one would think you would have come up with a better excuse for your actions rather than
equating HOA homeowners to a candy store owner. A candy store owner is a businessman who sets his own rules and runs his business as he chooses. A homeowner living in an HOA community doesn’t have that liberty, as you very well know.
Yes, we all know there are courts where disputes can be settled.
But, why should the HOA homeowner expend thousands of dollars
(actually tens of thousands!) in lawyers’ fees when a trailer park
renter need only come up with $50 for a State agency filing fee? It
amazes me that you can’t see the injustice!!
Please wake up and do the right thing — schedule HB2824 for a Rules
Committee hearing. Put your ego aside and give the members of the
Senate the opportunity to decide the merits of this legislation.
Thank you,
Mary Arnold
Dist. 4, Glendale
Senator Blendu,
After watching your interview on Channel 5 News last night re: your stand on HB2824, I wrote the following Letter to the Editor which I thought you might be interested in.
I am a constituent of District 12, and I am very concerned that you continue to refuse to hear HB2824 in the Rules Committee. Since you haven’t personally returned my calls, or responded to my emails, I feel that you leave me no choice other than to publicize your actions.
I am stunned that you are unwilling to recognize the importance that HB2824-Homeowner Hearings will have for HOA homeowners in Arizona. I am also amazed that you would defend your position in a televised interview by comparing the millions of HOA homeowners to a candy-store owner. Do you truly not understand the fundamental difference between the property rights of a homeowner versus a retailer? Or that over 10,000 HOAs currently exist in Arizona and are GOVERNED by volunteer homeowner Board Members? Or that the State of Arizona has given HOAs governing powers and taken away the homeowner’s rights in the process?
You seem like an intelligent man. I can only assume that you do understand these points and that you are making the arguments for your position based upon other factors. Since you don’t seem to want to reveal your reasoning (I’m hoping that the candy store owner argument was not your REAL reason) for holding this bill, your constituents and fellow legislators are left to wonder what is behind your decision not to hear HB2824. Unfortunately, the most logical assumption is not very attractive from an ethical standpoint.
I’m still hoping that you have the courage to represent the people who elected you. I respectfully request that you put HB2824 BACK on the agenda and allow the process to continue as it should. As my elected official, I still have an expectation that you will put your constituents’ opinions ahead of your personal “opinion”.
—– Original Message —–
To: West Valley View, Letters to the Editor
Sent: Friday, April 21, 2006 10:51 AM
Subject: ATTENTION ALL HOA HOMEOWNERS!
On 4/19/06, District 12 Senator Robert Blendu pulled House Bill HB2824 from the Senate Rules Committee Agenda. HB2824 was designed to provide HOA homeowners a cheaper, faster alternative to expensive, time-consuming lawsuits filed in court. Cost savings would not only benefit the homeowner filing a complaint, but would also benefit the the whole association in reducing costs to pay for attorney/legal fees for court cases. HB2824 would utilize the current Office of Administrative Hearings (OAH) to give homeowners an opportunity to settle disputes. Similar to small claims court, the complaints would be handled by charging a fee for usage and would not require state funding.
HB2824 has already come down a long road to get to this point. It passed through 3 committees in the House, then the full House (53-5 in favor), and also through the Senate Government Committee (5-0 in favor) with overwhelming approval. The final committee hurdle is the Senate Rules Committee, before moving to the full Senate for a final vote.
The stated purpose of the Rules Committee is to “…review each bill for constitutionality and proper form.” And, as Chairman of the Rules Committee, Senator Blendu has the discretion of choosing the bills for the agenda. After setting the agenda for 4/19/06, and then meeting with the lobbyist opposing HB2824, Senator Blendu pulled HB2824. Keep in mind that the lobbyist in question is representing the interests of HOA management companies and HOA attorneys, the only parties who are making money in this scenario - certainly NOT the homeowners, citizens, and voting constituents. Another item to note is that after meeting with the lobbyist in question, HB2824 was the ONLY bill pulled from the agenda.
When confronted by homeowner advocates and the media, Senator Blendu’s response was:
1) that he does not believe the State should be involved with Homeowners Associations. Interesting, considering that he has voted in favor of numerous HOA bills/laws, the most recent being less than a month ago.
And,
2) that he believes that this bill is “unworkable”. Also interesting, considering that the OAH testified in a public House Hearing that it would work, and is what the OAH was designed to do.
In order to get HB2824 back on the Senate Rules Agenda, we need to let him know that our opinions should count more than that of a single lobbyist. We elected him as Senator to represent OUR wishes and best interests. Frankly, I’m offended that Senator Blendu presumes to know what all of our best interests are in this matter without listening to us or the other members of the State Legislature who are overwhelmingly in favor of this bill.
Unfortunately, it appears that Senator Blendu’s actions on this bill are exactly the type of actions that occur regularly in HOAs - the elected representatives acting on personal opinion rather than acting on the opinions and wishes of those who elected them. HB2824 would allow these types of actions a reasonable recourse for all HOA homeowners.
Please contact Senator Blendu at his government office, email him at rblendu@azleg.gov or call his office at 602-926-5955 and express your concerns.
Senator “Candyman” Blendu is chairman of the Rules Committee. As such that committee is just supposed to check a bill for the “rules” before releasing it to the Senate floor.
Since Senator “Candyman” Blendu has pulled this bill, solely based on his own decision; before even going to the full committee, we can only assume that he did so at the urging of a lobbyist pal who is opposed to this bill.
This bill passed the House by an overwhelming margin. How dare Senator “Candyman” Blendu alone not allow the full Senate to debate and decide this bill. Is his lobbyist pal that afraid it will get passed if sent to full Senate?
OUR VIEW
HOA bill should get its day in the sun
Rules panel chairman says he will put it on agenda
Homeowner association reform advocates are outraged that Sen. Robert Blendu, R-Litchfield Park, has bottled up a bill that would benefit both HOAs and their residents. HB2824 would allow HOA disputes to be taken to the state Office of Administrative Hearings, a less expensive and less time-consuming alternative to traditional lawsuits. We endorsed this measure earlier this year because the state agency already hears cases involving apartment landlords and renters as well as trailer park owners and their residents, so adding HOA disputes would be a natural fit.
HB2824 had sailed through every step of the legislative process, until last week when Blendu blocked it in the Senate Rules Committee. He used his authority as committee chairman to remove HB2824 from a meeting agenda. Blendu said Tuesday that he wanted to discuss possible amendments with bill sponsor Sen. Eddie Farnsworth, R-Gilbert. He added that he plans to place the bill on the agenda for the next rules committee meeting.
Legislative committee leaders wield great power because they can decide on their own whether to hear or to ignore bills assigned to them. Lawmakers file too many bills to properly review each of them in a traditional session. So committee chairmen are expected to set aside bills that are less likely to solve a problem or have no chance of becoming law.
Sometimes, committee chairmen block even popular bills because they personally disapprove. Critics attack that action as an abuse of the position, but most lawmakers defend this prerogative because someday they would like to hold the same power. The Senate and House can get around an obstinate chairman by switching a bill to another committee or, in rare cases, taking the bill directly to the floor.
A rules committee serves a different role than other standing committees, however. Every bill is supposed to be considered by the committee to determine if it’s written correctly and complies with state and federal constitutions. Approval by the rules committee has no bearing on a bill’s merits, but simply announces the bill is ready for floor debate.
Blendu isn’t the first rules chairman to delay action on a bill for a few days.
In the past, Blendu has generally followed through on promises he has made to fellow lawmakers and the public. We have every reason to expect this bill will get a fair hearing in the near future.
Publication: East Valley Tribune; Date:2006 Apr 26; Section:East Valley Opinion; Page Number: A16
Senator Blendu: How disappointed I am to now read that a representative of the “people” has been involved in delaying a legislation that could possibly reign in these homeowners association. I could give you my long story of getting nowhere with my situation of trying to obtain records of a very unethical action by Dreamland Villa Community Club. Although the statutes that Arizona legislatures have passed clearly state that I have the right to view and copy records- the organization has repeatedly ignored or refused my requests….upwards of 25 written requests- some written by paralegals and some by attorneys…….There seems no resolution to this injustice that occurred except that I will be forced to pay the attorneys to send each other letters for about forever….
Thanks for your NO HELP! I will remember this and ” I vote and support the republican party both locally and nationally. You may not always be in Litchfield…….Think about it…
Something to say?
You must be logged in to post a comment.
the only reason our Federal Government had to eliminate the Mafia is to do away with competition.”
The Legislature of Arizona has the same problem as the Federal Government, it is filled with representatives who are for sale.
Left by Ron in East Valley on April 21st, 2006