Controversial parking bill set for Thursday hearing

After weeks of debate and hundreds of e-mails sent by Sun Citians to elected representatives, a Senate committee is poised to consider a bill designed to clarify the limits homeowners associations have in regulating street parking.

The Senate Government Institutions Committee will hear arguments for and against the bill at 8:30 a.m., Thursday at the Capitol.

Sen. Jay Tibshraeny, R-District 21, has already heard from many in Sun City and Sun City West. His office has received hundreds of e-mails and phone calls from people against the bill.

"Bills like this always grab a lot of attention, and I've certainly received a lot of e-mails. Not just from your area, but from my side of town, too," the Chandler Republican said. "We'll take a good look at it."

The meeting will take place in Senate Hearing Room 1, and HB2034 is among 17 bills on the agenda.

Representatives from the Property Owners and Residents Association plan to address the committee and are asking Sun City West residents to attend. Officials said anyone interested in attending the meeting should e-mail editor@porascw.org.

Bill Szentmiklosi, compliance manager for the Sun City Home Owners Association, said he was contacted by Rep. Debbie Lesko, of Glendale, R-District 9, shortly before the bill was discussed in the House.
"She called and said she needed a letter from us in less than an hour," Szentmiklosi said. "So I drafted a letter, and she read excerpts from it on the House floor."

But the bill passed the House, and now Szentmiklosi said he will send that same letter to the members of the Arizona Senate.

Rep. Nancy Barto, the Phoenix Republican who sponsored the bill, said the proposal does nothing to change the law that homeowners associations must abide by now. Homeowners associations have no authority to enforce parking regulations, she said.

"What your homeowners associations are doing is already illegal, even if this bill does not pass," Barto said. "Any effort on their part to levy fines related to public streets is illegal. My bill will only clarify that further."

Barto attended a meeting in the West Valley several weeks ago with area legislators, and the bill dominated the discussion.

Sen. Bob Burns of Peoria, R-District 9, said he does not believe groups such as the PORA in Sun City West or SCHOA should be enforcing parking laws.

"We're being asked, in effect, to allow people to break the law," Burns said. "But which laws do we allow you to violate? Where do we draw the line, as far as exemptions go? The fact is, if we don't clarify this law, I think we're leaving the HOAs and their members at risk of significant, perhaps crippling, liability issues."

Walt Patterson, SCHOA board president, said Sun City and Sun City West residents should remember that Sen. Jack Harper of Surprise, R-District 4, who is vice-chairman of the Government Institituions Committee, is on their side.

"Harper is very much aware of our feelings on this," Patterson said. "In fact, I believe he helped us squash this bill last year. So at least we know we have someone in the Legislature there working on our behalf."

For more information on the committee and to look for any potential change in meeting times, visit visit www.azleg.gov/CommitteeInfo.asp?Committee_ID=11.

Jeff Dempsey may be reached at 623-876-2531 or jdempsey@yourwestvalley.com.