AZ Mayor supports HOA control over public streets in her city

 
Arizona’s HB 2153 is a simple assertion of the municipality’s jusridiction and authority, as the legitimate civil government, over the public streets in or not in an HOA. 
 
33-1817. Community authority over public roadways
NOTWITHSTANDING ANY PROVISION IN THE COMMUNITY DOCUMENTS, AFTER THE PERIOD OF DECLARANT CONTROL, AN ASSOCIATION HAS NO AUTHORITY OVER AND SHALL NOT REGULATE ANY ROADWAY FOR WHICH THE OWNERSHIP HAS BEEN DEDICATED TO A GOVERNMENTAL ENTITY.
 
The Mayor of Glendale, AZ seems to have forgotten her obligations and repsonsiblitis to her constituents and her oath to uphold the Constitution.  The City of Glendale supports the pro-HOA national lobbying group’s education (CAI education at the HOA Academy) for directrors and homeowners on how to live in an HOA without gertting into trouble.  In opposition to the bill, citing letters from constituents to her and not to the legislators, she sent the following email to the legislators:
 
  
Subject: Opposition to HB 2153

 

 Elaine M. Scruggs
Mayor, Glendale AZ

Honorable Senators,

    I am writing to request your vote in opposition to HB 2153.  The reasons for opposing HB 2153 are (1) its consequences will present public safety hazards in our neighborhoods and (2) it is a violation of individual private property rights.

    PUBLIC SAFETY HAZARDS.   Modern neighborhoods are planned with concentration of densities in various locations.  This is especially true in master planned communities, which are the norm today in most cities and towns.   The results are that at least some of the areas in master planned communities (and sometimes all areas) consist of very small lots on curvelinear streets with minimal space between driveways of adjoining parcels.  Lots are often 5000 sf meaning 50’ wide and 100’ deep.  There is simply no room for vehicles larger than a standard sedan to fit between driveways.  There certainly is no room for such vehicles to be parked across the street from each other.  Prohibiting HOA’s from having any control over usage of streets that have been dedicated to a municipality means that actions HOA’s will no longer be empowered to regulate safe usage of those streets;  preserve quality of life for the people living in homes affected by lack of control; nor maintain the rights of those people who have purchased homes with understanding that there would be control of safety and welfare.

   HB2153 interferes with neighborhood peace and quality in 91 cities and towns without any knowledge of lack of workability/feasibility of such a “one size fits all” legislative action.

    VIOLATION OF PRIVATE PROPERTY RIGHTS.   All members of HOA’s purchased their property with clear understanding of the Codes, Covenants and Restrictions that regulate residence in the HOA’s.  For many the presence of an HOA was a requirement in their home/neighborhood selection.   Many, many residents of Glendale have expressed their extreme concern and displeasure that their private contracts, entered into with full knowledge, executed and recorded, are now being changed without any consideration of their willingness to accept such changes.   Simply stated, people feel they are having their private property rights taken away without their approval.  

   I have heard from my constituents.  They are also your constituents.  I am forwarding their concerns to you and request your favorable consideration of their very serious concerns.

 

Respectfully,

 

Who gets sued in the event of an accident on the public street?  The HOA or the city?  Who gets fined by the HOA, that includes huge attorney fees as part of the fine, when some neighbor’s visitor parks in front of a another homeowner’s house?  Since it can’t be the car owner, the HOA generally fines the innocent homeowner.  Does the HOA ask the police to get a license check of the car owner, a violation of the law?

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Published in: on March 23, 2010 at 3:18 pm  Comments (4)  
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4 CommentsLeave a comment

  1. Bob Burns info from AZLEG
    Personal Information:
    Occupation: Property Management

    Well isn’t that interesting that Bob Burns lists his occupation as property management? He is in this fight FOR PROFIT “as President of BMG Investments, Inc., a real estate management business”.

    As we keep saying, homeowners, this is not about your streets, or your property values, or the color of houses around you, or weeds, or anyhthing other than PURE PROFIT and PROTECTING A PROFIT STREAM and BUSINESSES FEEDING OFF OF THAT STREAM.

    Removing profits brought about by illegally fining homeowners would mean money out of the pockets of property managment companies.

    HOMEOWNERS WANT THEIR STREETS BACK!!

    BOB BURNS and everyone in the HOA industry are akin to modern day slave owners, working with the huge HOA industry (which is paid for by homeowners) to keep laws and homeowners working FOR THEM, FOR PROFIT!

    CAN YOU SAY COMPLETE AND UTTER CONFLICT OF INTEREST!

    http://www.banhoas.com

  2. Absent a Carnac-esque ability to divine that which is in Mayor Scruggs’ mind, any common sense understanding of her “present public safety hazards” argument in opposition to HB2153 would seem to be belied by her failure as Mayor of Glendale since February 1993 to insure the “safety and welfare” of Glendale’s citizens, guests, visitors, vendors and others using Glendale’s public streets during the city’s design review and approval by the City Engineer, Planning Director, Transportation Director and Fire Marshall.

    Scruggs and the Glendale’s Engineering Standards, Traffic engineering, Local Street Sections, approved and permitted the very streets Scruggs today proclaims “will present public safety hazards in our neighborhoods.” Which came first, the chicken or the egg?

    Further, Scruggs laments “Prohibiting HOA’s from having any control over usage of streets that have been dedicated to a municipality means that actions HOA’s will no longer be empowered to regulate safe usage of those streets; preserve quality of life for the people living in homes affected by lack of control,” a seemingly transparent red herring (logical fallacy).

    Perhaps Scruggs will favor those citizens, guests, visitors, vendors and others that enjoy Glendale’s public streets (streets dedicated to a municipality, not a common interest development) by further defining the “violation of private property rights” as it applies to their use of Glendale’s public streets understanding they did not purchase real property in the “HOA,” are not party to or subject to a “private contract” and, as such, “have not had (sic) their private property rights taken away without their approval” any more than any Arizona citizen, resident or visitor that might use a public street anywhere in the state.

    WMB

  3. Note that although the Texas Municipal League (http://www.tml.org/resolutions/res2.asp) basically endorses HOAs, it drew the line on infringement of muni-government powers and authority.

    NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2009 Annual Conference of the Texas Municipal League that the League endorse the authority and role of homeowners associations, so long as municipal authority is not eroded, and oppose limitations on the functions homeowners associations were created to perform.

    The AZ League of Cities and Towns, in its core principles (http://www.azleague.org/pdf/10policy_statement.pdf), states,

    Maintain Local Control
    Freedom to make decisions at the local level is the best way that municipalities can fully serve their unique constituencies. Because cities and the state work best as partners, the League urges the Legislature to oppose all preemptions and mandates that erode local decision-making authority.

  4. The largest problem with this: RESPONSIBILITY WITHOUT AUTHORITY. This ignorant woman has just put the residents of Glendale, Arizona, in a position of unprecedented liability.

    What happens if there truly is an “unsafe situation” in an HOA neighborhood on a public street? According to state & local laws these HOA’s are SPECIFICALLY FORBIDDEN from ticketing or towing any vehicle on a public street.

    God forbid something happened and someone dies. This silly woman has just put every single resident in the HOA in a position to be collectively responsible for the actions of their HOA Board. And the INACTION of their tax payer funded local gov’t.

    And any HOA Board indemnification insurance absolutely does NOT provide financial protection to the HOA Board or the homeowners against financial responsibility for decisions of public safety. The ignorance of the many individuals making these decisions along the way are creating a very dangerous situation for everyone.


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