Arizona's new "Take That George!" law: officials don't have to defend HOA statutes

This law was introduced, I firmly believe, as a result of my repeated chastising of our elected officials, over the past year, for their failure of to defend the constitutionality of the statutes that permitted the Office of Administrative Hearings (OAH) to adjudicate homeowner association disputes.  I take it as a feeling of guilt that this bill was introduced.

The adjudication of HOA complaints by OAH had leveled the playing field somewhat, providing attainable —”affordable”, to use a term used to defend the state’s protection of HOAs — justice, where the homeowner could go before an independent tribunal, without a lawyer and without the need to know the 100 odd rules of civil procedure contained in some 200 pages of “legalize.”  The constitutionality of the statute was not defended by the Attorney General, or by the legislative leadership, resulting in a superior court disgraceful default decision. A homeowner has no place to go, not even to the OAH where he could once hope to have found justice.  In the short history of OAH, pro per homeowners won 42% of their petitions against their HOA and its attorney.

This total disregard of my letter follows a flat denial, without explanation, of my February 11, 2009 Motion to Intervene, which was an abuse of discretion by Judge McMurdie.  Perhaps it was because I had included the Attorney General’s defense of the constitutionality of the statute in a prior case which would have caused a trial and an embarrassment to the AG), LC2007-00598 (Waugaman), given that the AG and Legislature now failed to defend the statute in this case. (See The State of Arizona will not protect buyers of HOA homes!, Feb. 29, 2009).

Ariz. Sess. L., Ch 105 (2010).
HB 2774 addition:

ARS 12-1841

D. THIS SECTION SHALL NOT BE CONSTRUED TO COMPEL THE ATTORNEY GENERAL, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR THE PRESIDENT OF THE SENATE TO INTERVENE AS A PARTY IN ANY PROCEEDING OR TO PERMIT THEM TO BE NAMED AS DEFENDANTS IN A PROCEEDING. THE ATTORNEY GENERAL, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR THE PRESIDENT OF THE SENATE, IN THE PARTY’S DISCRETION, MAY INTERVENE AS A PARTY, MAY FILE BRIEFS IN THE MATTER OR MAY CHOOSE NOT TO PARTICIPATE IN A PROCEEDING THAT IS SUBJECT TO THE NOTICE REQUIREMENTS OF THIS SECTION. 

 

 

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Published in: on April 24, 2010 at 10:31 am  Comments (2)  
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  1. […] [4] See my Advisory, Arizona’s new “Take That George!” law: officials don’t have to defend HOA s…. […]

  2. […] Arizona’s new “Take That George!” law: officials don’t have to defend HOA st… […]


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