Breakthrough Arizona HOA legislation

This has been a ground breaking session for homeowner advocates with the Legislature passing three substantive HOA reform bills, all signed by Governor Napolitano. Senate bills SB1007 and SB1008, sponsored by Senator Waring, and House bill, HB2824, sponsored by Representatives Farnsworth and Gorman provide important due process protections for homeowners.

Among other things, SB1007/1008 would require the HOA to provide the homeowner with a “bill of particulars” regarding alleged violations, including any witnesses and other supporting documents. The home owner must file a certified letter seeking this information, if not provided. The HOA is prohibited from taking any action unless it complies with what amounts to a “mandatory disclosure” of its allegations.

HB2824 allows the homeowner to take his complaint to the Office of Administrative Hearings for adjudication in a laid-back environment where those Rules of Civil Procedure do not apply. These rules have been used as defensive tactics by HOA attorneys against homeowners representing themselves. This process should help homeowners to receive justice in many instances of HOA board abuse of the law and of the governing documents that are found in all those media headlines.

This legislation should serve as a model to the legislatures of others states that the time has come to restore homeowner rights and to stop protecting the business interests of the special interests.

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Published in: on June 15, 2006 at 9:51 pm  Leave a Comment  

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