AZ legislature’s pro-HOA posture forces going to the Feds

After my Commentary of Jan. 15th, CAI finally admits to being a business 501(c)6 trade organization, the demands/requirements of state Senator D. Farnsworth for sponsoring HOA reform legislation came to my attention.  This requirement was laid upon the Arizona Homeowners Coalition in its attempt to enact HOA reform legislation. In my experience of 17 years only a handful of HOA bills had over 3 sponsors.  Note that the 2 technical bills already submitted had less than 4 sponsors.

My reading of the D. Farnsworth requirement for 12 sponsors is simple.   There is no support in the legislature for HOA reform bills, and Farnsworth is seeking a decent group to back these bills.  It also reflects the attitude that Farnsworth is not a champion of HOA reforms, but is playing “nice guy” to make the legislature look good.

Gee, I gave them the opportunity to present worthy bills, but they failed to measure up. Not my fault. Perhaps they should work with the Great HOA Educator Experts, CAI, and learn something.

 I had hoped that some meaningful reform bills dealing with HOA operational concerns – not dealing with substantive constitutional issues (forget about it!) – would make it through the legislative process.  I doubt it now.

BUT WAIT there is an alternative. Understanding that “Those who cannot remember the past are condemned to repeat it,” (George Santayana), instead of repeated attempts to get state legislatures to “straighten up and fly right” there is an opportunity going to the FEDS. Here’s why, and should be deeply understood, as I explained in my letter to my Congressman:

I well understand that HOAs are creatures of state governments and subject to state and not federal laws. Unfortunately, is the long-term failures of state legislatures to uphold their constitutional, both federal and state, duties and obligations in the broad areas of due process and equal protection of the laws that necessitates federal involvement.  Only the federal government — and not a national lobbying organization nor a uniform laws commission that have been devoid of any homeowner representation —  can make the states stand by their constitutional obligations to protect the rights, freedoms, privileges and immunities of citizens of this country.[1]

Furthermore, I wrote,

In 2013 Professor McKenzie (UIC) sensed the need for Congress to act, writing in his Privatopia Papers blog[2],

Maybe the time has come for federal congressional hearings. Maybe we need national legislation mandating much more public disclosure, transparency, and accountability from developers, local governments, CIDs, and the professionals who profit from their proliferation. Maybe more.[3]

And,

The constitutional aspect of the CC&Rs centers around the lack of judicial scrutiny[4] with respect to the alleged surrender of constitutional and individual rights and freedoms (together as the equal protection of the law) . . . . Nor has the state advanced its justifiable interest in curtailing the rights of its citizens that will pass judicial scrutiny.[5]

In order to succeed you must accept the world as it is and rise above it. (anonymous).

The ball is, as always, in your court and your court alone.

References

[1] Excerpts from my 10-page letter to my Congressman and chair of the US House Constitution and Civil Justice subcommittee of the Judiciary Committee, sent in early January this year. My letter includes links to 14 advocacy group websites in 10 states across the country.

[2]Las Vegas HOA corruption probe continues”, Evan McKenzie, The Privatopia Papers, Feb. 26, 2013”.

[3] Supra, note 1.

[4]< See Standards of Review for an explanation of the USSC requirements for a waiver and surrender of rights, including the government’s defense of that denial of rights.

[5] Supra, note 1.

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Published in: on January 16, 2017 at 4:50 pm  Comments (1)  

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  1. […] [5] See AZ legislature’s pro-HOA posture forces going to the Feds. […]


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