AAMHO Annual Meeting – February 11, 2017
Legislative Director’s Report
In 2016, AAMHO Legislative Committee spent many hours working with the Lobbyist, Dana Paschke, to put together not one but two Bills. The first of these was the Title Bill. In the early part of the year one of our members came to the organization about an issue that was occurring in his park. The park had advised the resident that because his mother was living with him on a permanent basis, she would have to be added to his title of his home. It is important to understand that his mother was already living in the home, had been through the background check, and was on the lease. The resident felt this was not a fair request and came to AAMHO for some direction. After reviewing the information our organization decided to seek legal advice. In the end, after a petition was filed through the Office of Administrative Hearings, it was the decision of the Judge that this action was “unconscionable” (A.R.S. §33-1411). With this decision AAMHO talked with the lobbyist and moved forward to put the decision into a Bill. After going through the process, the Bill was signed by the Governor and is now part of that LTA.
A second Bill, involving landscaping, was written to help individuals that are being charged for tree maintenance. Although it was the hope of the AAMHO organization to get the obligation of tree maintenance back to the park owners, we had to agree for a change in the location of the requirement of any maintenance from the Rules and Regulations, which can change every 30 days, to the Lease, which is a yearly agreement. The cost of tree maintenance should not be the expense of a resident, but for now this is how we will have to deal with our concerns. We will take a look at this one again in the future. Anyone who is interested in working together to change this law, feel free to contact the office and we will be glad to have your help.
Going into 2017, the organization has presented a Bill to increase the relocation fund, and get Park models the coverage under this fund if they need to move because of closure, or change of use in a park. This Bill also gives Park models 180 days notice rather than the 30 day notice they now have to make a move in the event the park changes use or faces closure. We will be keeping our membership up to date on this Bill going forward.
Membership growth is so important. There is always strength in numbers. The more individuals or organizations that we can rally to our cause, finding common ground and supporting each other, the better.
Kelly Yielding/Legislative Director
A great way to start off the day!!
I wanted to share with everyone this morning. The word has come down and the Governor has signed both of the Bills we worked on this past session.
I have included the website in this e-mail so you can go online and look at the wording. It is a big plus for all of us as residents. We had a concern and addressed it through the proper channels and we were successful. This gives me a positive note to take on new challenges for the next session. Together with the Legislative Committee this summer we will be gathering information for the next session.
We will be looking into a better solution of the “landscaping” problem, Park Model certification for hearings and relocation, and other issues that have been a problem in the past. As an organization we have worked hard to listen to all of you and try to move forward in a positive way.
If there is something you think we need to look into, please feel free to email anyone of the Board members. I want to say “thank you” to everyone who sent emails to the representatives in both the Senate and House whenever we sent out a request. It is a powerful thing to get the word to our constituents so they know how we feel and apparently they listened. Thank you everyone.
I will continue throughout the summer to send out Blasts as we progress to our next goal and may call on some of you for help.
Thank you again and again….WITHOUT YOU THIS WOULD NOT WORK!
ATTENTION ALL RESIDENTS
ON WEDNESDAY THE GOVERNOR SIGNED SB1362. THIS BILL STATES THE FOLLOWING REGARDING YOUR TITLE TO YOUR HOME.
Section 1. Section 33-1414, Arizona Revised Statutes, is amended to read:
33-1414. Prohibited provisions in rental agreements, rules; late payment penalty
A. A rental agreement and any park rules or regulations, however denominated, shall not provide that the tenant agrees to:
8. Place any person’s name on the title to the mobile home as a condition of tenancy or pay a fee or other form of penalty for failing to place a person’s name on the title to the mobile home.
33-2106. Prohibited provisions in rental agreements, rules
A. A rental agreement and any park rules, however described, shall not provide that the tenant agrees to:
1. Waive or forgo rights or remedies provided by law.
2. Place any person’s name on the title to the recreational vehicle as a condition of tenancy or pay a fee or other form of penalty for failing to place a person’s name on the title to the recreational vehicle.
Although this Bill doesn’t go into effect till August 6, 2016 there was a hearing at the Office of Administrative Hearings last year on August 17,2015 whereby the ALJ determined that the requirement by owners to make this part of the Lease was unconscionable under A.R.S. 33-1413(A) and 33-1411(A). With this in mind if anyone is being forced to sign any agreement to include the names of any and all persons living in the home other than the titled owners they can refer to this case. I am including the case filing number and if you visit the OAH website. You can copy this for proof to take to management. This should prevent any threat of eviction or action against anyone who doesn’t feel they should have to include the other family members on a title. The case was Avery, et al, vs. Castillo Nuevo MHC. The case number is LTA15-15/013.
I hope this helps those who are having a problem and maybe can nip this one in the bud for all of you.
April 22, 2016
It is time once again to give everyone an update on what is happening in the Legislature. Things are pretty much quiet right now. As I am reporting today I want to congratulate our Lobbyist and her family. The newest member of the family has arrived. Many of you will remember at the Annual Meeting that Dana was expecting. Well on Sunday the new arrival appeared. Henry Elliott and mother Dana are doing well and at home. While she is not able to be at the Capitol, you will also remember that there was an alternate group that was going to watch our Bills. Below is a report from them. This came from Dana yesterday and is the latest news for us.
James and Warde (the lobbyists we subcontracted with to ensure there were no gaps in coverage) were at the Legislature each day this week monitoring in our absence. Henry’s arrival was perfect timing because the Legislature was at a virtual standstill all week with budget negotiations proceeding more slowly than anticipated in the House.
On Monday, Representative Coleman “concurred” on the amendments to HB 2304 (landscaping) which is a procedural action needed to get the bill ready for its Final Passage vote. SB 1362 has been ready and waiting for quite some time. As I’ve mentioned previously, all bills are remaining parked with no action until the budget is complete. Once the budget is passed there will be a few long days of voting on hundreds of bills prior to adjourning the session.
*** An important and positive update for the board to know: Representative Coleman has changed his course and will be running for the State Legislature again instead of the Pinal County Board of Supervisors! This is wonderful news not only for AAMHO issues, but for the State as a whole. He’s going to be in a tough race since several candidates declared their candidacy when they thought he wasn’t going run, so any AAMHO member votes and support for him heading into the election would be great.
*** Please encourage members to sign petitions for candidates in their district. This can be done easily by going to the Secretary of State’s website:
It will ask the voter to enter their information. The next screen will indicate which candidates the voter is eligible to sign for.
Please let me know if you have any questions on the information provided. We will certainly notify you once there appears to be a budget deal in place.
AAMHO Legislative Director
Picture: American Coot, Bryce Thompson Arboretum State Park, Superior, Arizona