The State of Arizona will not protect buyers of HOA homes!

      The Arizona Superior Court special action appeal of an administrative law judge decision upheld, and affirmed last week, the order that the  administrative hearing adjudication of HOA disputes was unconstitutional.  This affirmation was made one day before the time limit for a response set by the Superior Court Judge, and on the same day a letter introducing new facts in the case was received by the judge. The facts showed that there were no real parties in interest prior to the filing of the appeal and that the case was “fictitious.”  There is no acknowledgement of the letter nor a response to these important facts by Judge McMurdie. This is a gross miscarriage of justice!

 

This case, LC2008-000740 Maricopa Superior Court (Merrit), reflects an Arizona public policy that permits the denial of the equal protection of the laws in favor of private party adjudication of HOA disputes.   It appears that the Attorney General, the Legislature, and the Judiciary itself see no problem with private party adjudication of disputes that can impose financial harm on homeowners, but will not allow an independent government agency to adjudicate these disputes.  This turns the Constitution on its head!   This is but a taste of  what to expect living in the HOA-lands in the New America, in which not only the functions of government itself are privatized, but the judicial functions as well.  What, then, is the purpose of public government and the Constitution? 

 

This total disregard of my letter follows a flat denial, without explanation, of my February 11, 2009 Motion to Intervene, which was an abuse of discretion by Judge McMurdie.  Perhaps it was because I had included the Attorney General’s defense of the constitutionality of the statute in a prior case (which would have caused a trial and an embarrassment to the AG), LC2007-00598 (Waugaman), given that the AG and Legislature now failed to defend the statute in this case.  Why?  Maybe it was because I had made strong arguments (in my required Answer)  against the CAI-HOA attorney argument that an agency had to possess regulatory functions.  Such a requirement is not found to be a mandatory criteria in the Bennett  four-fold test that was used in the Cactus-Wren and Hancock cases.  These cases served as the basis of Judge Downey’s order in Waugaman, whose order was included as part of the Merrit complaint.

 

You be the judge of the events and decisions in this effort to attain a fair trial adjudication of HOA disputes. How much has politics come into play?  The relevant court filings are available at the links listed below.  A Statement of Facts summary and Timeline can be found under the “summary of events” link  below.

 

It is the policy of Arizona to favor the HOA industry with special laws and privileges that deny its citizens “fair trial” due process and the equal application of the law.  Perhaps in these times of financial hardship on the state, and on developers, homebuyers should speak out with their pocketbooks and buy homes at substantial discounts that are not in HOAs.  Homebuyers, avoid the mismanagement of HOAs; the blind adherence to arbitrary rules by “political machine” ruling boards; the divisiveness caused by the HOA attorneys who insist on enforcement, with no compassion; the lack of support and protection from your public government; and without having to be married to your neighbors who will not join in your just  fight for fair treatment against board abuse.  Ask yourself, “Who needs it?” 

 

summary of events

 

Court filings:

 

HOA declaration:                               

merrit-quitclaim                   

OAH petition                          

Complaint                                          

Summary disposition                 

Injunction order               

Intevernor motion                        

Intervernor answer                       

Intervenor-order               

Fact letter of new facts         

Judge’s Response           

time to reply                          

order affirming injunction      

Waugaman AG brief                                  

Waugaman decision

 


About these ads
Published in: on February 28, 2009 at 12:00 pm  Comments (15)  

The URI to TrackBack this entry is: http://pvtgov.wordpress.com/2009/02/28/the-state-of-arizona-will-not-protect-buyers-of-hoa-homes/trackback/

RSS feed for comments on this post.

15 CommentsLeave a comment

  1. [...] be found at If the watchdogs of the judiciary fail, it follows that the government also fails, and The State of Arizona will not protect buyers of HOA homes! TwitterShareTwitterLike this:LikeBe the first to like this. Published [...]

  2. [...] an opinion of unconstitutionality – all for the good of its clients, three different HOAs. (See The State of Arizona will not protect buyers of HOA homes! for links to documentation supporting the following). It is interesting to note that in Gelb, the [...]

  3. [...] 2.  The State of Arizona will not protect buyers of HOA homes! [...]

  4. [...] was not challenged except by me, and I was snubbed and denied any further filings in the case. (See The State of Arizona will not protect buyers of HOA homes! for the case study and court [...]

  5. [...] The State of Arizona will not protect buyers of HOA homes! [...]

  6. [...] (Waugaman), given that the AG and Legislature now failed to defend the statute in this case. (See The State of Arizona will not protect buyers of HOA homes!, Feb. 29, [...]

  7. [...] See  The State of Arizona will not protect buyers of HOA homes! on HOA Private Government website for a detailed account of this disgraceful default [...]

  8. I’m sorry, but my cyurrent web site is http://starman.com/hoagov

  9. I’M FROM NEW YORK WHERE THERE ARE NO HOA’S. MY FATHER IS A VIETNAM VET. NO ONE TOLD HIM WHAT TO DO WITH HIS HOME. I AM A MARINE CORPS IRAQ VET WHO JUST RECENTLY MOVED TO ARIZONA AND NOW I HAVE MY FIRST HOME. THE HOA WANTS ME TO PAY THEM 25 DOLLARS FOR MY TRASH CAN AT THE SIDE OF MY HOME. I HEARD SOMEWHERE YOU ARE ONLY AS FREE AS THE RIGHTS YOU FIGHT FOR. I WAS BORN IN A FREE COUNTRY AND MY COUNTRY WILL CONTINUE TO BE FREE. THE HOA NEEDS TO UNDERSTAND IT IS MY PROPERTY AND I WILL DEFEND MY AMERICAN BORN RIGHTS AT ALL COST. THE AMERICAN GOV NEEDS TO UNDERSTAND THAT HOAs NEED TO GO AWAY.

    FREEDOM

  10. I agree with the above post. Personally I cannot see why you would not want to make an effort in this regard anyway. Only the other day, at work we had exactly the same conversation and came to a similar closing

  11. [...] The State of Arizona will not protect buyers of HOA homes! [...]

  12. [...] Actions by AZ judge in constitutionality case found ethical My response letter to Commission’s finding of ethical behavior (For more info see The State of Arizona will not protect buyers of HOA homes! [...]

  13. [...] quite interestingly, a second appeal, Phoenix Townhouse v. Merrit (see The State of Arizona will not protect buyers of HOA homes!), to broaden the Waugaman decision to apply to all HOAs cites the Waugaman decision, not an [...]

  14. March 4 Minute Entry

    The Court has received Intervener’s, George Staropoli, miscellaneous filings.

    IT IS ORDERED striking these filings.

    IT IS FURTHER ORDERED that the Clerk of Court shall not accept any filings from
    George Staropoli in this case.

  15. [...] See The State of Arizona will not protect buyers of HOA homes! [...]


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 268 other followers

%d bloggers like this: