Does civil government rule or does it submit to private HOA groups?

Dear Arizona Senators,

I continually am amazed at the opposition to this bill and the mistaken belief that any private contract can supersede legitimate local government. We all know that there is no absolute right to private contracts! HOAs are ignoring their role in a democratic society to obey the rules, as they like to say about homeowners in HOAs. They should follow the rules of this society and go to the planning board for a variance. Like they repeatedly say, “Homeowners can go to the courts, to agencies, to get a fair deal, etc.” but that’s not for the HOA that insists on making their own rules. It is simply a power play as to who rules the municipality.

The legislature has no choice but to uphold public government authority. If problems exist or changes are desired, since the HOA does not own the public roadway, the HOA can do what all citizens are entitled to do, go to their planning board and ask for a variance. The fact that the initial planning board approved these private roadways speaks to the retention of public government authority, otherwise it could have required private streets.

Please bear in mind, since CAI loves constitutional challenges as it fought over the proper delegation of authority to DFBLS, the court ruling in McLoughlin v. Pima that held,

However, it is a well established theory that a legislature may not delegate its authority to private persons over whom the legislature has no supervision or control

and

The legislature cannot abdicate its functions or subject citizens and their interests to any but lawful public agencies, and a delegation of any sovereign power of government to private citizens cannot be sustained nor their assumption of it justified, (Emmett McLoughlin Realty v. Pima County, 58 P.3d 39 (Ariz. App. Div. 2 2002), ¶ 7).

HOAs have usurped and assumed public government functions! And we all know accountability to and proper supervision by state the does not exist with HOAs to meet this constitutional requirement. They cannot have their cake and eat it, too! They cannot demand special consideration not to be held accountable and then do as they please.

Please make it clear to all persons that we are one state, indivisible with liberty and justice for all.  Please pass this important bill.

Note:  This bill, SB 1113 and its House duplicate, HB 2030, simple reassert public government control over public streets within an HOA subdivision.  HOAs have fined homeowners for any car parked in front of their homes.

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Published in: on February 15, 2012 at 7:22 pm  Comments (5)  
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5 CommentsLeave a comment

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  3. […] Does civil government rule or does it submit to private HOA groups? […]

  4. Can anyone tell me, isn’t a contract a binding agreement that doesn’t change once you sign? Why does the rules change in their favor everytime you turn around, they change rules monthly. Forcible Entry and detainers have been done without adopting the rule that allows them to do that, they are redoing their CCR’s according to a new IL law called CICA, but the new law trumps their documents, and the wording needs to be changed to match the new law, they are forcing residents to vote for the new CCR’s and the whole time saying they need to do this to be in compliance, all along passing other rules under the radar that have not been disclosed to the homeowners. They voted on a budget, a golf course passed by a survey (only 9 holes) not a vote of the members and has been operating at a loss of $140,000 annually. We pay our manager double of the average salary, and we spend $802,000 on a administrative building that is paid off and we have hired approximately 7 managers, no seasonal, full medical dental, we have an 85% distressed property rate and our homes are selling for 28k – 70k but the surrounding area is holding at least the value they paid for their homes, but the association blames the economy, when this has been going on prior to the downfall it just continues to get worse. We pay more in dues then the average mortgage when the houses are selling for 28k to 70k. The documentation for all the arguments is there but they choose to ignore it. This is just the tip of the iceberg, there is alot more. They harass residents when they speak up for their rights by fining them amongst other things that should force them to step down from their position, board members that tell residents to shut up, this is their meeting not yours. This is by far the American Dream this is a nighmare! This is a national epidemic and it needs to end.

  5. The underlying mistake is that HOAs believe that the LAWS don’t automatically apply to them. Yet there is no exclusion for HOAs in the written regulations. HOAs just decide that they are immune – and local governments have let them get away with it for far too long.
    They are either a valid government or they are not – they claim to be one when they are fining willy-nilly for anything they can dream up, yet they claim to be a ‘contract’ when charged with acting as a de-facto government which requires due process and Constitutional procedures.
    HOA HELL. I’ve made sure several thousand people know the drama these little municipalities can produce in a family’s life…If they were smart they’d clean up their acts. But no one can accuse them of being smart.


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