Attorney Rebuttals of Goldwater Institute reform legislation as contract interference

The Goldwater Institute, a public interest firm that believes in protecting individual property rights, opposed Arizona HOA reform legislation SB1162 on the basis of contract interference. The Nick Dranias opinion stated:

This bill runs afoul of freedom of contract, the principle that the government should not interfere with agreements reached by willing parties. This principle recognizes that the state should not superintend the wisdom of contractual relationships.

Read more . . .

 

From the rebuttal letter by Steve Cheifetz, an attorney representing homeowners who also argued for reform legislation before Arizona legislative committees:

Your suggestion that it is inappropriate to seek to limit the powers of such associations because the relationship between the homeowner and the association is one of contract would be the same as suggesting that citizens of this country should not seek to limit the powers of our state, federal and local governments.

Read more . . .

From the rebuttal letter by Clint Goodman, another attorney representing homeowners who also argued for reform legislation before Arizona legislative committees:

As a trial attorney, I am witnessing a clear trend that concerns me greatly. Associations are using their “contract” to act in any way they please without fear of legal consequence. A few of the many cases I have encountered over the last year demonstrate this point.

Read more . . .

 

See this writer’s commentary . . .

 

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Published in: on June 6, 2008 at 3:40 pm  Comments (2)  

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  1. […] [ii] See Commentary at Attorney Rebuttals of Goldwater Institute reform legislation as contract interference. […]

  2. […] more at  Attorney Rebuttals of Goldwater Institute reform legislation as contract interference, and Claims of ‘government interference’ into HOAs […]


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