My amicus brief was accepted and is now part of the record. The court has yet to decide if it will hear the case, which could be weeks – months way.
“Arizona Supreme Court
Civil Petition for Review – Appeal
CV-21-0049-PR TIM TARTER et al v DOUGLAS BENDT et al
“12. 25-Jun-2021 Amicus Curiae Staropoli filed an ‘Amicus Curiae Brief of George K. Staropoli in Support of Appellants’ on June 17, 2021 and a ‘Motion to Appear Amicus Curiae Brief of George K. Staropoli in Support of Appellants’ on June 24, 2021. After consideration, [163736]
IT IS ORDERED the ‘Motion to Appear Amicus Curiae Brief of George K. Staropoli in Support of Appellants’ is granted. The brief shall be filed as of June 17, 2021. Tracie K. Lindeman”
* * * *
I stated my value, in part, as:
“The issues addressed in this case are of general importance and statewide but also national concern, as the impact on community associations is certainly substantial and states look to other states for guidance in this developing area of law. The policy makers have failed to understand that the HOA CC&Rs have crossed over the line between purely property restrictions to establishing unregulated and authoritarian private governments.
“Professor Evan McKenzie in his landmark 1994 book (Privatopia: Homeowners Associations and the Rise of Residential Private Government (1994)) acknowledged the fact that ‘HOAs currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent of local governments.’”
PS. I stole that line from guess who? From CAI’s amicus briefs! There is no need to fear them! Just call them out.
You’re very welcome. Thanks. Others need to see the light!
We are all behind you and thank you for taking on this batte for all the unfortunate HOA homeowers. Cct’s are soo obsolete and most are a copy of a copy of another7’s HOA
I am really curious to see how it all turns out with the Condo that fell in Miami and if all those dues paid to the CIA were worth anything in the way of help. The in fighting of all the condos HOA members did not solve anything.
George- Well, well, well! It is about time you, sir, have taken the initiative to file an Amicus Brief in this HOA debacle case. As you may know I have been a fan of yours for years and have even filed my own lawsuit for my mother ( deceased ) Roena L. Cole against an HOA in Pinal County Superior Court. The local Phoenix attorney representing the HOA decided to ” settle ” rather than face the facts that the HOA scheme of a quasi-private government with its CC&Rs egregiously violate federal and state Constitutions and Bill of Rights.
You have been a tenacious salivating and barking Bull Dog biting on the pant-let of the HOA conspiracy for decades. The innocent citizens and homeowners are excited that you are finally exposing the HOA FRAUD which violates American citizens RIGHTS who have been abused by private self-governed criminal organizations ( HOA ). It is past time for you to make your presence felt.
See: Roena L. Cole v. Rancho Bella Vista Homeowners Association ( 2018 ). Legal representative, Barry L. Cox
Good luck!
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You have been urging me to get more involved but I cannot get involved as a nonlawyer and I must choose my filings carefully. Sonia Bendt offered me an “in”; she had been providing me with all her case filings from the trial court and on. Your case is a trial case with no record. An amicus can only be filed at the appellate level. I have offered my assistance to all but most fail to provide ALL court filings that I need or the case is not a constitutional issue. I AM NOT A LAWYER and my involvement is limited to filing an amicus brief or as an intervenor, if appropriate and accepted by the court.