In Arizona, neither its Attorney General nor real estate department, ADRE, will get involved in HOA issues. The AG’s broad authority includes consumer protection involing real estate transactions and white collar crimes. ADRE’s stated mission also claims that it protects consumer home buyers: “We want to protect consumers from being harmed in real estate transactions.” Like with the AG, there’s is no exception in the laws for transactions and acts involving HOAs. (These agencies can’t explicitly exclude HOAs without incurring charges of violations of the constitutional prohibition against the unequal application of the laws).
The AG’s office, under its revised web site for the new AG, offers a number of consumer guides from auto purchases, Indian arts & crafts, predatory lending, and telephone scams, but not a word about HOAs. There is no “Truth in HOAs” pamphlet Its “Protecting Consumers” reads (emphasis added),
Consumer fraud, as defined by Arizona law, is any deception, false statement, false pretense, false promise or misrepresentation made by a seller or advertiser of merchandise. In addition, concealment, suppression or failure to disclose a material fact may be consumer fraud if it is done with the intent that others rely on such concealment, suppression or nondisclosure. Merchandise may include any objects, wares, goods, commodities, intangibles, real estate or services.
ADRE has Commissioner’s Rules, having the effect of law, that includes R4-28-1101, Duties to Clients. It, too, cautions about revealing material facts (emphasis added),
A. The licensee shall also deal fairly with all other parties to a transaction.
B. A licensee participating in a real estate transaction shall disclose in writing to all other parties any information the licensee possesses that materially or adversely affects the consideration to be paid by any party
When asked, for the third time over 7 years, why ADRE doesn’t enforce this rule when it comes to HOA transactions, its typical answer dealt with their non-regulation of HOAs, and, in this recent reply (emphasis added),
However the Department has to be advised, typically by way of official complaint, that there is an apparent abuse of the laws occurring. At that time, the Department would investigate and proceed from there. Without knowledge of a perceived violation occurring, the investigation cannot begin.
What we have here is a failure to act, a failure of government authorities to make their allegations about consumer protection — in effect their propaganda that deceives the people — a reality. It’s an instance of “the tail wagging the dog.” In regard to ADRE, the people, not the agency, must act. The agency will not act under its powers until some individual claims that a violation had occurred. I say again, ADRE wants you, the homeowner to file a complaint before it acts — “the Department has to be advised, typically by way of official complaint.”
But, what about adopting another approach like that used by police departments with their Internal Affairs department, which on its own, investigates seemingly suspect behavior, without a person having to come forth. This failure makes the true role of ADRE is BPOA— the Benevolent and Protective Order of Agents.
These deceptions reflect the deception found in the judicial branch misleading motto, ”Equal Justice Under the Law.” We all know that the laws can be unjust and selectively enforced, and we know that this is true of the HOAs laws in all states. And these deceptions reflect the ills of our society, the “Not me, I’m not responsible” attitude by those in authority.
“Blaming the wolf will not help the sheep much. The sheep must learn not to fall into the clutches of the wolf.” Gandhi.
How is your state doing? Any better? Are you protected when you by into an HOA controlled home in your state? I think not! Will you sign the Truth in HOAs Disclosure Agreement before you buy? Read and find out. Remember, you are on your own.