A Scottsdale man challenged a newly minted law he said would give homeowners associations an advantage over residents — and he won. The law would have allowed HOA management companies to represent the associations in small-claims court, putting homeowners behind the ball because a company official would have far more courtroom experience than the average homeowner, said George Staropoli, a longtime HOA critic. The legislation, which was signed by Gov. Jan Brewer in June, contained a half-dozen new rules, some favoring HOAs and some not.
State Rep. Michelle Ugenti, R-Scottsdale, had first brought forth the diverse HOA-related issues in an omnibus bill earlier in the session. Her goal was to bring together the various ideas being floated in separate bills by other lawmakers to encourage debate, said Brian Townsend, a House majority policy adviser. However, her bill stalled in the Senate. The day before state lawmakers went on recess, Ugenti added an amendment with similar language to an unrelated elections bill, which legislators approved without debate. Staropoli challenged the law as a violation of the Arizona Constitution, which prohibits an act from containing two unrelated topics, in this case HOAs and elections. Read more: