Arizona bill seeks to curb HOAs from hounding dog owners

But the effort could end up sidelined because a single state senator is opposed.

Legislation awaiting a roll-call vote in the House would spell out in Arizona law that any rules adopted by community associations about dogs are invalid if they limit the weight of the animal. Ditto any regulations that say certain breeds are not permitted.

The issue, according to Sam Richard, goes beyond allowing people to have the kinds of dogs they want.

"We have seen an incredible increase in the number of abandonments at shelters across the state,'' said Richard, who lobbies for Humane World for Animals, formerly called the Humane Society of the United States.

"So what we are looking for is ways in policy to encourage pet owners to stay united with their pets in every conceivable way,'' he said. "And one of those ways is to prevent HOAs from restricting based on breed, size, or weight in any kind of measures.''

Richard said there is evidence of the effect of association rules.

He said that most shelters have an intake form where those dropping off animals can explain why.

"Of course, it's not mandatory,'' Richard said. "But for those who self-report, one of the reasons is housing.''

That, he said, often takes the form of a dog owner moving into a community with regulations, whether single-family homes, townhomes, or condos, unaware when buying the property that existing rules preclude the pet from coming along.

The measure also is being backed by Best Friends Animal Society.

"This section ensures that families are not subject to arbitrary restrictions on pets based on breed size or weight, policies that are not grounded in evidence and often lead to unnecessary relinquishment of beloved animals,'' said lobbyist Gretchen Jacobs.

And many restrictions, she said, are arbitrary.

For example, some associations prohibit pit bulls. Others, she said, won't allow residents to have chihuahuas "because they're known to nip at people — allegedly.''

But what's lost in all that, Jacobs told lawmakers, is evidence that animals behave "based on their environment and the people that are guardians.''

So what SB 1582 would do is replace any ban based on size, weight or breed with a provision that allows associations to adopt "reasonable rules'' on both the number of dogs — or cats, for that matter — as well as their behavior.

"A HOA can still keep a Great Dane from a community space,'' Richard said. Similarly, he said it would be permissible to say that certain kinds of dogs cannot be in the community pool area.

"But you can't keep a resident from owning an animal in their own space that they fully own as a home,'' Richard said.

Dennis Legere, representing the Arizona Homeowners Coalition, told lawmakers that the measure provides a fair balance. He said it is based on common-law principles "that protect your right to make your own choices over what's your property and the association's right to protect everybody else from what you do — whether it's your behaviors, your guest's behaviors, your pet's behaviors.''

Alexis Glascock, who represents the Community Association Institute, said her organization is not opposed to the measure. It represents those who govern and manage homeowner associations.

But hurdles remain.

Gress had previously introduced the concept as HB 4017. He even got the full House to approve it on a 47-7 margin.

But the bill stalled when it was assigned to the Senate Government Committee. And Sen. Jake Hoffman, R-Queen Creek, who chairs that panel, refused to give it a hearing.

Hoffman also quashed SB 1729, an identical measure one introduced by fellow Republican Sen. John Kavanagh of Fountain Hills, before it ever got a hearing.

Hoffman acknowledged he refused to hear either measure but would not explain his opposition.

What's happening now is an attempt to circumvent Hoffman.

SB 1582 was stripped onto a bill crafted by Sen. Kevin Payne. The Peoria Republican was pushing a proposal to set aside $3.2 million to fund a school safety program.

That measure, in its original form, stalled because of the price tag. So Gress convinced him to allow his Senate-passed bill to be struck of its original language and used for his pet proposal.

Under legislative rules, if the now-amended SB 1532 with its provision about pet gets final House approval, it then goes back to the full Senate — and not to Hoffman's committee. And that would allow all senators to vote on whether they agree with the House amendments.

An affirmative vote there would send the measure to the governor.

Hoffman, however, said he's not worried about being overridden. He said he believes that GOP leadership will never allow that vote to occur — even if what's in the bill does have the support of the majority of lawmakers from both parties.

"The Senate doesn't circumvent chairmen,'' he said.

Even if the bill becomes law, that doesn't resolve all problems.

Richard said nothing in the legislation applies to apartments, which remain the legal property of the landlord. He said it would take separate legislation to try to address the rights of pet-owning apartment dwellers.