Arizona HOA regulatory bill needs your support.

Last Friday, June 5th,  I emailed a revised AZ model bill to AZ legislators for sponsorship in January 2016.  It was initially drafted this past January, too late for introduction in 2015.  See model HOA regulatory agency bill.

“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 education as well as 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 and processing is replaced  by the department of homeowner associations.”

Arizonans, email your legislator and demand sponsorship in 2016!  I will meet with any legislator to clarify and to answer any questions.  This bill affects the general public across the state and attempts to restore law and order to HOA-Land.  It deserves to be made law ASAP!

As you all know, HOAs are private persons and lawmaking is mandated to state legislatures as set forth in their respective constitutions. And you know that the state does not supervise HOAs, but has adopted a ‘hands off’ posture — no penalties for HOA board violations, for instance. “[i]t 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.(McLoughlin v. Pima, 58 P.3d 39 (2002).  This bill would provide constitutionally required legislative supervision and control.

Read the proposed regulatory bill:  Regulatory agency

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  1. I will contact my legislator today! This abuse of HOA Boards towards single homeowners is ABUSIVE. There is no other word to describe it. Here is my latest horror experience from the “charming” Board. If anyone reads this and thinks it is unacceptable, please speak up. This type of arrogant attitude is happening all over the USA. The only difference is that our Board is so arrogant that they actually sent this memo to our community.

    Boards do a lot of wrong! And they need to be stopped! Read the latest “civility memo” our Board sent. It speaks volumes about abusive HOA behavior.
    In Arizona we need strict laws to govern all HOAs. The abuse of Boards towards homeowners is out of control. It is unlawful but the government seems to not be taking the action it needs. To have any small number of board bullies ruining the many lives of homeowners with dictatorial and arbitrary rules is unlawful. To have the very same Board bullies then “fine” people they discriminate against or dislike for such things as their behavior is even more unconstitutional. Where is it going to stop? We must all unite and ask our government to intervene. I have been subjected to a lot of abuse and discriminatory behavior. Then the latest memo our Board bullies sent out says it all. I am deleting the same of the HOA for fear of more retaliation but you read the ridiculous memo that these people placed out which was arrogant and insulting to most of us and decide is this the type of behavior that Boards should be allowed to have:
    From: Board of Directors
    Date: January 28, 2016
    Re: Civility
    We have encountered several instances of incivility that require us to address this issue. Without violating the privacy of the guilty, please consider the following.
    1. There is no issue whatsoever that entitles you to verbally abuse or physically confront employees, contractors, the property manager or any Board member. If there is an emergency that in your judgment rises to that level, simply call the police or dial 911.
    2. Shouting at Board members or knocking on their doors late at night to personally confront them will most definitely not advance whatever cause you are seeking to champion. Sending nasty, abusive emails to anyone is generally not a good strategy. Setting arbitrary, short-term dates for demanded action is not constructive.
    3. Threatening to sue or bankrupt the HOA and/or Board members is not a winning strategy. Reciting nonexistent statutory law as the basis for the threatened lawsuits is generally not a good idea.
    4. Paranoia is generally not helpful. The Board is not out to get you, the property manager is not out to get you, your neighbors are generally not out to get you. It is very unlikely there is any conspiracy against you.
    5. No one individual is responsible for the Rules and Regulations, and no individual can waive those Rules for you. They are designed for the benefit of all concerned and generally work very well for that purpose. If you are unaware of the Rules or simply feel that you are not obligated to follow the Rules, please do not scream when you are asked to comply. If a Rule is not working for you, there is a rational process to follow to suggest changes. If the Board does not adopt your proposed policy change, that is not evidence of conspiracy or bad faith, but might perhaps be the considered judgment of your neighbors, based on all the facts and circumstances.
    6. If you wish to have a private party in the Clubhouse, please reserve it in accordance with the Rules. If you do not reserve the Clubhouse, you are of course welcome to use it at any time, but please understand that it is open to all homeowners and you do not have the right to eject anyone or to demand any special privileges or private space.
    7. For those homeowners who believe that you were treated unfairly in the construction defects settlement, please understand that members of the current Board had nothing to do with that agreement, and nothing is gained by abusing current Board members about past occurrences.
    8. If a dog pees on your fence or your grass, please do not assume that it is Board policy to encourage dogs to pee on you, your fence or your pride. If a neighbor briefly turns on a cellphone light after dark to enable them to pick up dog poop, please do not assume they are peeping toms, perverts, or Board members invading your privacy. Drapes are always an option.
    9. If you get a parking ticket from …, that is not the action of the property manager or the Board. Please do not assume that the Board or the property manager is conspiring against you. We are not your enemy; we are not selectively enforcing the Rules. We really do not seek chaos, confrontation and anger in our daily lives.
    10. Board members are subject to the same Rules as everyone else. Board members are not being granted special privileges.
    We could go on, but hopefully the pattern is clear. While almost all residents are respectful and give each other the benefit of the doubt, there are a very few who continue to stir up trouble and attempt to bully others. Board members are not outsiders imposing Rules against you. We are simply your hardworking neighbors, volunteers undertaking the sometimes thankless task of governing our wonderful community. If you don’t agree with the Board’s actions, then by all means send Joel a respectful email or come to the next Board meeting and get involved. There is room for everyone!
    As a Board, we have to this point resisted requests that we write Rules regulating personal behavior. If, however, we are forced to adopt a Code of Conduct to maintain the peace we will certainly do that, as we will not let the rantings of a select few continue to disrupt our community.
    Sincerely,
    Board of Directors

    Is this the most arrogant e-mail you ever read from “Board of Directors” who don’t even have the nerve to place their names on the memo they sent! Is this “civilized behavior” from the very group that is essentially calling other owners uncivilized?!!!

    Do you want your HOA to do something like this?

  2. Too much attorney speak which leaves the everyday homeowner saying “huh”. There is no way to try to explain this bill to our legislators. Need a modified explanation please!

    • Good point! I will prepare a fact sheet shortly. For those interested in understanding your state legislature and bill making, please see Colorado Senator Morgan Carroll’s book, “Taking Back Your Government.” Its an excellent book that’s easy reading by a 10 year plus legislator who has served in leadership positions. Carroll describes herself as a populist, fighting for the little guy. She is strongly opposed to special interest lobbyists who dominate the law making process.

  3. We need this effort made in Virginia. How does one get it going?

    • Please visit http://onthecommons.us and use its Contact US link to send your concerns to Shu Bartholomew, a long time Virginia homeowner rights advocate

  4. This is a magnificent effort, Mr. Staropoli ! We need a regulatory agency like this in California, desperately!!!

  5. If you are not familiar with how bills are formatted, it’s easy to understand.

    The existing section is stated as amended or added (new). Existing wording not changed by the bill appears as normal. New wording is all CAPS and deleted wording appears as a strike-through.

    Understanding the bill is to focus on the changes. The current wording is required to provide for broader comprehension.


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