Will Arizona allow HOA covenants to dominate state laws?

Jan. 3, 2015 Dear Arizona Senate President Andy Biggs,

You have always been a firm supporter of OAH adjudication of HOA disputes, and I find myself asking, once again, for your support to maintain the integrity of the Office of Administrative Hearings.  The opposition of CAI (“The Community Associations Institute (CAI) is OPPOSED to [the 2014] Senate Bill 1334 (HOAs; hearings; attorney fees).)” to this bill is appalling and unconscionable since the bill attempted to prevent HOAs from taking a giant step toward the status of an independent principality not subject to state laws. (See Establishing the New America of Independent HOA Principalities, 2008)

In its effort to silence Bill Brown, an outspoken critic of his Teravitta HOA government’s policies and actions, CAI attorney firm Ekmark & Ekmark redrafted the CC&Rs in disregard to state law and judicial holdings, as I believe he so informed you.  As occurred with the 2006 OAH enabling act, which was repeatedly attacked by the CAI member firm of Carpenter, Hazelwood, CAI has taken the position that a private contract can override state laws. I am not talking about a surrender or waiver of rights and privileges, but state law!  This is a slippery slope to a more firm status of HOAs independent principalities indeed, without any government oversight.

Such an audacious slap at Arizona’s constitutional system of government cannot be allowed to stand! It is an act violating the constitution as the supreme law of the land. Today, the courts have allowed HOAs to modify municipal ordinances without any state oversight and approval. It is long held doctrine that HOA covenants that are unconstitutional or violate public policy, or that are unreasonable or arbitrary and capricious are invalid and notwithstanding (See Sec. 3.1, Restatement of Property: Servitudes). Now, this doctrine has been intentionally and deliberately challenged and ignored by attorneys of the business trade entity, CAI. This brazen act, placing Arizona on a dangerous slippery slope, is in defiance of the Arizona Constitution and state laws and cannot be allowed to stand.

 The bill can be resubmitted as is with a small change to the last paragraph.

 “41-2198.01.

“J. NOTWITHSTANDING ANY PROVISION IN THE CONDOMINIUM DOCUMENTS AS  DEFINED IN SECTION 33-1202 OR THE PLANNED COMMUNITY DOCUMENTS AS DEFINED IN SECTION 33-1802, THE ADMINISTRATIVE HEARING OFFICER AND THE DEPARTMENT MAY NOT MAKE AN AWARD OF ATTORNEY FEES TO THE ASSOCIATION  ANY PARTY IN ANY MATTER FILED7 PURSUANT TO SUBSECTION B OF THIS SECTION.”

(Link to SB 1334 (2014): http://www.azleg.gov/legtext/51leg/2r/bills/sb1334s.pdf.)

FYI, I provide the following links to materials and supporting documents of CAI’s hypocrisy, saying one thing to the policy makers and another to the public.  Please read them, for they reveal CAI’s policy that HOAs should be treated as independent principalities while seeking legislative support for this secession from the State of Arizona.

  1. CAI: the HOA form of government is independent of the US Constitution
  2. Will the real CAI standup: its contradictory beliefs, pronouncements and goals
  3. Misrepresentation: CAI comes with unclean hands

Please sponsor this modified SB 1334 in the name of justice and the Constitution of the State of Arizona. I thank you for your earlier support of HOA reform bills. Respectfully, George K. Staropoli

Advertisements
Published in: on January 4, 2015 at 11:14 am  Comments (3)  
Tags: , , , , ,

The URI to TrackBack this entry is: https://pvtgov.wordpress.com/2015/01/04/will-arizona-allow-hoa-covenants-to-dominate-state-laws/trackback/

RSS feed for comments on this post.

3 CommentsLeave a comment

  1. […] Brown v. Terravita, 1 CA-CV 14-455. See Will Arizona allow HOA covenants to dominate state laws? and  Does the Constitution support the will of the HOA no […]

  2. Reblogged this on HOA Perspectives.

  3. We have the same problem in Florida, only worse. At least you have an AOH to adjudicate HOA disputes in AZ. We are still fighting to get enforcement of HOA regulation statutes by a State agency like that enjoyed by Condos and Co-Ops since 1976. Hopefully, this year a law will be passed. Litigation is expensive. Our county circuit courts are too ready to rule against parcel owners who challenge HOAs that violate existing statutes on incorrect holdings that HOAs are exempt pursuant to the prohibition against statues retroactively applied to impair vested contract rights. Ralph


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: