Arizona Homeland Security Comm. Ignores Homeowner Due Process Protections


In a split vote, the Arizona House Homeland Security and Property Rights (HSPR) committee voted on March 26, 2007 to kill a bill aimed at preventing HOAs from regulating parking on public streets.  By doing so, it saw no problem with the abuse of constitutional due process when HOAs fine a homeowner for a stranger’s car parked out in front: a fine that is allowed to be a lien against an innocent homeowner. The failure to restrict the regulation of public streets for parking opens the door to the further private HOA government regulation of public streets, an unconstitutional delegation of police powers to a private organization.


Even the mention of “bills of attainder” by a HOA president fell on death ears, apparently neither the HOA president nor the committee members understood what a bill of attainder is, and that it’s prohibited by the US Constitution.  Neither, apparently, did the lobbyist for the national HOA trade group, the Community Associations Institute (CAI), who opposed the bill because it somehow stood in the face of the voice local government.  Say what?  HOAs are not public governments; they are private contractual governments operating outside the Bill of Rights and 14th Amendment restrictions on state actions.  CAI’s position on this bill echoes its amicus curiae brief warning of an “unwise extension” to the NJ appellate court in the Twin Rivers HOA constitutionality suit when it wrote, “In the context of community associations, the unwise extension of constitutional rights to the use of private property by members .


Read the complete editorial at homeland.


Published in: on March 27, 2007 at 7:45 am  Leave a Comment  

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