Understanding the Legislative structure

Getting HOA reforms passed in your state legislature requires an understanding of the structure of legislatures  — how they are organized and structured.  It may surprise you that they can be understood as just another business structure, except with 2 boards of directors (BOD) — the two branches known as the Senate and the House.  The power and authority of each BOD is specified in the Constitution.

As with any business organization, there is a hierarchical structure between bosses, employees, committees, and subcommittees with the chairs of each having the power to affect the decisions of the committee to pass legislation; in many cases absolute power. A committee chair can refuse to hear a bill, hold it from being heard, or allow a vote.

At the BOD level, the party in power in each branch rules and runs that branch with broad authority to assign committee chairs from its party members, hear a bill in COW (committee of the whole where discussion is permitted before the final vote) and in the final vote. The power lies in the Senate President and the Speaker of the House, and in the Rules Committee. I’ve witnessed such power many times in which the majority party leaders were against the bill and withheld it from being heard.  

Following the business model, a legislator is just an employee of his party and has more or less ambitions to rise up the ranks to chairs of important committees and to party leadership. And then maybe to other government positions like AG or Governor or a congressional representative. All in his best interests, not yours!  Only if HOA reform helps him advance in the party’s standings.

Your legislature most likely has a publication under the heading “How a Bill is Made Law” that describes the process in general.  Also, I strongly recommend the book, “Take Back Your Government” authored by former CO Senate President Morgan Carroll that provides how grassroots reforms can be effective in getting bills passed by the legislature. (See Colorado senator’s guide to effective HOA legislation.)

Success in HOA reform bills requires an understanding that the process is a social and political movement and not just a social media talk group.