The attached was submitted to AZ legislators. The model bill should be tailored to your state’s laws. The sections under 41-2000 et seq. are the amendments that should be included as part of any similar effort to create a level playing field for homeowners.
Sent: Monday, January 26, 2015 6:11 PM
Subject: department of HOA is desperately needed as DFBLS is doomed
Dear Arizona Legislators,
I quickly put together a solid bill (attached) based on a Florida bill and adapted to Arizona to help relieve continued legislative involvement in what should be handed by a bona fide regulatory agency. I took pains to write a good bill in conformity with the drafting requirements and I hope it will ease your review.
I well understand the current atmosphere of no government interference, but the gross and shameful treatment of HOA members by the HOA stakeholders demands justice. It is not a question of misplaced dogma, but of treating all the people equally under just and fair laws.
The proposed bill summary reads:
Summary. This bill establishes a department of homeowners associations with full direct regulatory authority over Ch.9 and Ch. 16 associations under the direction of a commissioner. It provides for receiving complaints, investigations, filing legal actions, issuing civil penalties, rulemaking, and establishing an Advisory Board to provide recommendations to the commissioner. Funding is provided by a $4 per unit fee per year. The processing of HOA disputes by DFBLS is stricken.
My proposal brings a more level playing field in that the proposed Advisory Board will be balanced in favor of the members, and does not consist of any HOA stakeholder vendor lawyers or managers. It’s the people’s vehicle for justice.
I urge you to stand behind the effort and sponsor the bill, and campaign for its passage. I will be happy to meet with any legislator to explain the bill and answer any concerns.
George K. Staropoli