AZ Gov has concerns about regulating HOAs — Why?

I find it utterly incomprehensible that AZ Sen. Farnsworth and Governor Ducey have concerns about regulating HOAs as mentioned in this article in the Arizona South Mountain District News.
.
Homeowners living in HOAs, being private, contractual agreements, are not under the protection of the US and state constitutions!  What don’t they get?  These unapproved CC&Rs contracts allow private people to bypass local constitutional government and operate as independent entities or principalities.  Even the most lenient home rule communities must answer to and be bound by the constitutions.  Not so with HOAs.
.
It speaks to the overwhelming power of the special interest controlling our government.
.
And they have concerns about regulating HOAs!  They have an obligation to support the Arizona Constitution and not allow local community governments to secede from the state.
.
Two Sides to Every Story: Sorting Through HOA Disputes
.
For more info see:
1.CC&Rs are a devise for de facto HOA governments to escape constitutional government
2.HOAs violate local home rule doctrine and are outlaw governments
3.HOA Governments in fact, No. 9
 
Advertisements
Published in: on November 8, 2016 at 1:57 pm  Comments (3)  

The URI to TrackBack this entry is: https://pvtgov.wordpress.com/2016/11/08/az-gov-has-concerns-about-regulating-hoas-why/trackback/

RSS feed for comments on this post.

3 CommentsLeave a comment

  1. AZ government has concerns about regulating HOAs because it benefits from HOAs.

    Whether or not in an HOA, Arizona property owners pay state income, real estate, and sales taxes in exchange for education, flood control streets/walks/gutters, lighting, parks and recreation, law/code enforcement, safety, emergency, health and other essential services—including salaries of our elected representatives and government staff.

    Private HOAs are currently responsible for providing many said services and industry lobby groups help keep reps seated.

    Our elected representatives opted to shift responsibility, liability, and accountability, from government and real estate developers to the backs of HOA members. Years later, the HOA experiment is failing miserably and exposing the breadth and depth of abuse in a predatory industry, (All roads lead to money, power, greed).

    What used to be discounted as isolated incidents in HOAs, can no longer be ignored. Homeowners in HOAs are waking up and speaking up.

    Months ago, during a meeting of Farnsworth’s “mastermind” group, I witnessed a participant asking him point blank to clarify where his loyalty lied in light of these facts presented:

    1.) Farnsworth had pulled proposed homeowner friendly bills mid course during the last legislative session.
    2.) HOA industry lobbyists hosted a fund raising event for his benefit thereafter.

    Farnsworth assured her and the group, he was “with us.” The South Mountain District News article seems to suggest otherwise.

    How can one really know who is on first? Oftentimes, politicians are seemingly like puppies—licking taxpayers’ faces while simultaneously urinating on our leg.

    If all homeowners become equally protected under the State Constitution, municipalities stand to incur significant costs and liabilities—perhaps damages—that they’ve been able to deflect for many, many years.

  2. That isn’t entirely true, in fact courts are holding HOAs to a much higher standard and tend to get involved with technical issues etc. that won’t otherwise be caught.

    More government interventions and regulations often have NOTHING to do with the owners, but with the desires of the developers, real estate agents, property management companies, contractors and on and on, as they lobby for changes that protect them. Then you have government regulations and interventions that make it impossible for a HOA to help protect individuals in the association, requiring no rules against home day care, half-way houses etc. that just isn’t right. Many laws and interventions have substantially added costs to the Associations which then means the Association cannot provide the same level of services to the members without substantially raising the assessments. That isn’t fair to the homeowners. There are many pending bills that have no benefit to the homeowners or associations, but add costs.

    I agree that HOAs are generally divisive of private property rights, especially the HOAs created with the first flood of this entity. It was the “wild west,” no real laws and regulations, no one had a clue about what should be allowed, even attorneys wrote terrible governing documents. The developer and the localities benefited, no one else. We are still dealing with developer problems from almost 50 years ago without any solution.

    • I disagree with your statement that “More government interventions and regulations often have NOTHING to do with the owners.” Examples: Today HOA boards are not penalized for violating the laws or governing documents, but government employees are. Statutes would also provide for fair elections and bona fide hearings in place of kangaroo courts. Read HOA Common Sense that spell out these injustices and the need for regulations.


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