AZ Supreme Court accepts advocate’s amicus brief in challenge to HOA statute

The Arizona Supreme Court has accepted my amicus curiae brief in support of constitutionality of the DFBLS/OAH due process statutes (Gelb v. DFBLS, CV 10-0371-PR). The Court has yet to decide if it will hear the Petition from the homeowner. Neither party objected to my brief, not even the CAI HOA law firm that received harsh treatment. I had presented background facts and arguments in an effort to assist the Court in understanding the disgraceful state of affairs with HOAs.

 

Responses to my brief, if any, are due within 20 days. For over 10 years I’ve been waiting for the CAI HOA attorneys to debate the substantive, constitutional issues with me for all to see.  I await their response.

 

The excerpt below makes a strong accusation against the Arizona Legislature, which can be applied to all state legislatures. Given this posture,  I would like to thank those all too few individual legislators who had come forth over the years, in several states, to do battle for homeowner justice, but who were not sufficient to overcome the opposition in their legislatures. Your efforts are very much appreciated.

 

From the first paragraph of my Conclusion:

It is quite evident that an Arizona homeowner living within an HOA governed subdivision cannot look to the Attorney General, the Legislature, DFBLS, or ADRE (real estate dept.) for due process protections and the equal application of the laws. Even the lower courts are suspect. With all due respect, it remains to this Court to stand behind the promises and covenants between our system of government and the people as set forth in the U.S. and state Constitutions.

 

See Advocate submits amicus brief in AZ supreme court appeal of HOA due process, and for a copy of the amicus brief, Amicus.

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4 CommentsLeave a comment

  1. […] AZ Supreme Court accepts advocate’s amicus brief in challenge to HOA statute […]

  2. […] AZ Supreme Court accepts advocate’s amicus brief in challenge to HOA statute […]

  3. Bravo!

  4. Mr. Staropoli – you are a hero and there shoal be a medal for your civic activism. As a victim of a 6 year long legal battle under my own dictatorial regime in New Orleans, firmly under the thumb of an entrenched Board including a plaintiff attorney chairman, I can painfully attest that abuses are rampant when it comes to silencing anyone who questions the regime.
    And true ‘due process’ as set forth by our Constitution, is nonexistent. Exactly the ‘farce’ you described it. Much worse in my personal experience.
    When those who understand the system and its severe weaknesses of protections for
    HOA members blatantly exploit those weaknesses to abuse the members, like our attorney chairman- king, it’s truly like giving the ‘middle finger salute’ to our Constitution.
    If the greed-inspired and attorney- driven corruption cannot be contained by our judicial system, nor by fair legislators untainted by lobbyists interests, then we are indeed entering a ‘New America’ – one in which the attorneys associated with the CAI in effect ‘own’ all the homes and only those who can meet ever escalating demands for cash are allowed to live, under constant threat of extortion.
    Judith Corey MD


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