Update as of 10/19/23: We have been made aware that our use of the term “petitioning” below may have been confusing in light of activities within the community. For transparency, we are leaving all of the language below as it was originally written. To clarify, Policy L-13 refers to any Association specific political activity on our property.
Per the Policy: “Association-specific political activity” means an activity that supports or opposes a candidate for the Governing Board of Directors, or the recall of a Board Director, or an Association ballot measure that requires a vote of Association members. An “Association-specific political sign” means a sign that attempts to influence the outcome of an Association election, including support or opposing the recall of Board Director or supporting or opposing the circulation of a petition for a ballot measure, question or the recall of a Board Director.
You can read the entire Policy here.
(A separate Policy, L-04, deals with other civic political activity).
It is important to note that the Association has made no effort to stop or curtail any current activities on our Property related to this current effort. We respect and uphold our members’ rights and we welcome and support their participation in the processes outlined in our governing documents. We were simply providing a friendly reminder about the Policy so that any future activities by this group or any other could be conducted in compliance with the Policy.
Here is the original post related to this matter:
Members: We have been made aware of petitions circulating in the community requesting a special election on four separate issues. Petitioning and calling for a special election are important rights in our governance, and we respect and support this important process. However, we ask that all members follow Policy L-13, which explains how the process should occur.
We welcome members petitioning in the common areas of our facilities (as long as it does not interrupt others’ use of the facilities.) However, per point 1.4, the Governing Board office has not been notified in advance, as required by the Policy. Specifically: “ The Governing Board Office shall be notified in advance as to the time and location for the desired use of Association Common Area for Association-Specific Political Activity.”
The policy is designed not to curtail anyone’s right to petition or gather signatures for Association-specific issues, but rather to give staff an opportunity to inform facility monitors and leads in case they receive any questions or need to request additional support. We ask that the organizers of this effort ensure their petitioners are brought up to speed and follow the section 1.4.
Policy L13
1.0 Policy:
This policy is designed to encourage participation in the Recreation Centers of Sun City West, Inc (“Association”) specific political activity consistent with Arizona Revised Statutes Section 33-1808(K), effective September 24, 2022. “Association-specific political activity” means an activity that supports or opposes a candidate for the Governing Board of Directors, or the recall of a Board Director, or an Association ballot measure that requires a vote of Association members. An “Association-specific political sign” means a sign that attempts to influence the outcome of an Association election, including support or opposing the recall of Board Director or supporting or opposing the circulation of a petition for a ballot measure, question or the recall of a Board Director.
1.1 The Association may not prohibit, or unreasonably restrict, the indoor or outdoor display of an Association-specific political sign by a member by placement of a sign on that member’s property.
1.2 An Association may adopt reasonable rules regarding the placement, location and manner of display of Association-specific political signs, except as follows:
1.2.1 Prohibit the display of Association-specific political signs between the date that the Association provides written or absentee ballots to members and three days after the planned community election.
1.2.2 Limit the number of Association-specific political signs, except that the Association may limit the aggregate total dimensions of all Association-specific political signs on a member’s property to not more than nine square feet.
1.2.3 Require Association-specific political signs to be commercially produced or professionally manufactured; or prohibit using both sides of the sign.
1.2.4 Regulate the number of candidates supported or opposed, or the number of Board members supported or opposed in a recall, or the number of ballot measures supported or opposed on an Association-specific political sign.
1.2.5 Make any other regulations regarding content of an Association-specific political sign except that the Association may prohibit profanity and discriminatory text, images or content based on race, color, religion, familiar status or national origins as prescribed by federal or state fair housing laws.
1.3 The Association may adopt reasonable restrictions for the use of Association common areas, except it may not:
1.3.1 Prohibit or unreasonably restrict a member’s ability to peacefully assemble and use the common areas of the Association.
1.4 The Governing Board Office shall be notified in advance as to the time and location for the desired use of Association Common Area for Association-Specific Political Activity.
1.5 The Association has adopted reasonable restrictions for the use of Association common areas. These include, but are not limited to:
1.5.1 Actions enumerated in Policy L 01 (“Altercations, Inappropriate Conduct or Unsafe Conduct on Association Property”).
1.5.2 Sexual harassment or abuse, disruptive actions or gestures, or unsafe or threatening action.
1.5.3 Use of inappropriate language, i.e., profanity.
1.5.4 Interfering with the enjoyment and reasonable use of facilities by others.
1.5.5 Continuous failure to follow reasonable instruction or request from Association Staff.
1.5.6 Any repeated voluntary or involuntary, action that jeopardizes the health, safety or security of themselves or other users of the Association facilities.
1.5.7 Blocking passageways or access into or out of buildings.
1.5.8 Loud or unruly conduct that disrupts the voicing of opinions by others.
1.5.9 Acting in a hostile, aggressive manner to coerce the actions of others.
1.5.10 Any expressions of violence against others by words, actions or provocation.
1.5.11 Any acts of intimidation by words, actions, gestures, manner or conduct.
1.5.12 Threatening words, actions or implied threats that cause fear of injury to health and safety of others.
1.5.13 Creating a public nuisance or unsafe conditions for others.
As I read the policy we are not obligated to notify Rec Center if we are not using Rec Center assets. I’m not aware of any use of Rec Center Properties for recall discussions or signing of petitions.
FYI: No petitions have, nor are being circulated on Recreation Center property. The meeting at the Foundations Building, October 10, is not Recreation Center property. Driveup locations are also not on Recreation Center property.
Unless you are worried that the petitions will be successful, why would the Recreation Center elude to those gathering signatures, are doing something against policy, rules, or law?
Thank you for your questions. The policy states ” 1.4 The Governing Board Office shall be notified in advance as to the time and location for the desired use of Association Common Area for Association-Specific Political Activity.”
We were notified over that weekend that a group was actively discussing the recall with members at one of our rec centers. Front-line staff working the weekend were caught unaware and elevated it to management for guidance. We did not stop the activity but sent the enews as a friendly reminder. That is why the policy requires members to report to the Governing Board office the location and desired use – so we can keep front-line staff informed. We do not want to inhibit the petitions or any gatherings where supporters are wanting to lobby or talk to members about a recall or petition. The policy does not affect any activities that occur off of our properties.
It sounds like this may have been a group of friends discussing the situation while at a rec. ctr. I’m hoping that our residents are not going to be restricted for having private conversations just because an employee may overhear them.
Handing out cards that direct people to the recall campaign’s website sounds like “political activity” to me. The campaign, when handing out such cards on Association property, even if not collecting signatures, should err on the side of caution and notify the Rec Centers of their intent to do so. It is not exactly hard to do.
Why is it that we vote for board members on rec. ctr. properties, but we can’t talk about recalling them on the same properties. In my mind, the RCSCW are our properties, NOT theirs. And please don’t bother to correct me. I know RCSCW is owned by a corporation, that of course WE are paying for. It seems that they are only restricting people’s ideas that THEY don’t like. BTW Nick, everything in life could be identified as political.
Judy, members are absolutely allowed to conduct Association-specific political activities in common areas. The policy states the Governing Board Office must be notified in advance of the time and place, but it absolutely allows such activity. Please read the Policy here.
The policy doesn’t appear to apply to our Governing Board, their committee members, nor people in the meeting audience who are supporting them. If you watch the Governing Board Workshops, Committee meetings, you will see the Governing Board President, Tim Hurley, allowing GB directors make political statements as well as, the B&F Chair, Dick Rhoades, his Committee members, and Jack Leary, the Chartered Clubs Chairman, and his Committee members during their Committee meetings. Seems to be “Rules for thee,but not for me.”
Hello Mrs. Johnson. Governing Board President Tim Hurley addressed this very issue at today’s Governing Board meeting. You can tune in toward the end and listen to his explanation of the hierarchy of state law vs. Governing Board Policy: https://www.youtube.com/live/gAni9lVlZnM?si=H3LaxQasoNJ3PRS4