The political ideology toward homeowners associations

The political system now rewards ideology over pragmatism . . . The Second Civil War[i]

 

The politics of ideology over reality has encroached upon the treatment of the people living in and the laws pertaining to homeowners associations.  The prevalent ideology, dogmatically pursued by the national lobbying trade organization, Community Associations Institute (CAI) and adopted by legislatures all across the country, is “no government interference”, or its other version, “no contract interference.” This mindset is applied regardless of the reality of events, conditions, and the repetitive and serious long-term problems with HOAs. 

 

This ideology was adopted only after the special interests obtained statutes in favor of HOA private governments that deny homeowners due process of law and the equal protection of the law.  After the legislatures’ adoption of these pro-HOA laws, the doors were slammed closed with the prevalent ideology of “no government interference”, which, in reality, should be “no more government interference.”  This mindset was echoed recently by the prestigious Goldwater Institute’s opposition this year to SB1162 in Arizona when it proclaimed the bill amounted to contract interference.[ii]  And again, we saw this ideology applied when the California Law Review Commission (CLRC) submitted legislative recommendations (AB1921)  pertaining to the rewrite of California’s HOA/Condo statutes with a blank chapter 2, “Members Bill of Rights.”[iii]

 

Will ideology prevail over justice, fair play, due process of law and the equal protection of the law for the people, the homeowners living in HOAs?  Will the Arizona statutes providing for the independent tribunal enforcement of the laws and CC&R “contracts”, as provided by the Office of Administrative Hearings (OAH) be upheld as constitutional?[iv]   (OAH adjudicates the complaints for the Dept. of Fire, Building and Life Safety, DFBLS, granted such authority under the statutes). 

 

CAI lobbyist and HOA attorney Carpenter has filed for an injunctive order against OAH from hearing anymore HOA complaints as a result of the Judge’s decision.  Here’s the Attorney General’s objection to this order:

 

The Complaint requested the Court to reverse the final decision of the Administrative Law Judge issued in case no. HO 06-7/029 (Nancy Waugaman v. Troon Village Master Association). The scope of the requested relief was limited to the decision in that matter only. Under A.R.S. § 12-911(E), the Court’s authority is to “affirm, reverse, modify or vacate and remand” the challenged agency decision. The Court’s October 2, 2008, decision is consistent with the scope of review and is limited to a reversal of the final administrative decision in case no. HO 06-7/029. It does not order the injunctive relief proposed by Plaintiff/Appellant that would affect other similar administrative proceedings.

 

Homeowners are waiting for the Attorney General to appeal of that decision.  Homeowner complaints are still not being accepted.

 

Such an action appears frivolous and taking up the court’s time needlessly.  CAI had opposed this year’s SB1162 and HB 2724 that would have imposed penalties on such conduct by any party in an OAH hearing, or in an appeal of such hearing.  The bills were defeated.  See videos at http://youtube.com/hoagov

 

Is this what CAI means by supporting harmonious and vibrant communities?  To deny homeowner due process of law?  And what about the Troon Mountain HOA board of directors?  Why are they funding and supporting an obvious CAI interest?  And perhaps a conflict of interest with respect to the HOA client, Troon.  Is this how HOA-land government works for harmony and productive communities? Or are they, too, fighting in support of the CAI special interest battle to deny due process of law within the community?

 

I wrote the Arizona Attorney General on this matter, concluding with,

 

I’ve been informed that a decision on how to proceed should be reached this week.  However, on behalf of homeowners seeking the enforcement of the law – without which the law is meaningless – as provided by and made accessible by OAH adjudication of HOA complaints, I ask for a speedy appeal of Judge Downey’s decision. 

 

 

This sorrowful state of affairs is yet another example of the New America of HOA land principalities at work. See http://starman.com/starpub.  Arizona cannot be known as the “You Are On Your Own State” when it comes to protecting homeowners in HOAs.

 

 

Notes


[i] The Second Civil War, p. 12, Ronald Brownstein, Penguin Books, 2007.

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Published in: on October 17, 2008 at 11:06 am  Comments (3)  

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  3. […] See: The New America HOA-land of CAI: “ensuring the collective rights and interests” The political ideology toward homeowners associations […]


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