HOA HOMEOWNER’S
HOAs were created
between the large planned community
developers and HUD in order to protect their monetary interests. It’s just that plain and simple.
In other words, HOAs are
a tool of ‘management’, of the ‘state’, or as some homeowners feel, of the
‘dictatorship’. HOAs are not what our founding fathers had in mind when
creating this unparalleled nation: a democracy of the people, for the people
and by the people. Your CC & Rs and
governing documents are more like a business-like than municipality-like.
If private business
clubs, country and golf clubs must obey state and federal laws even though the
governing documents contain contrary rules or ‘laws’, why are hoas the
exception?
What is needed, like our
federal constitution, is a set of HOA Homeowner’s Bill of Rights.
Your HOA governing documents – CC & Rs, charter or articles of
incorporation, By-Laws and Rules & regulations – do not contain sections on
homeowner’s rights. Even the dreaded
irs was forced to provide information on ‘Taxpayer’s Rights’.
It’s time for homeowners
associations, or more generally, community associations to be bound to a
Homeowner’s Bill of Rights.
In order to get us
started I found a number of Arizona statutes that I felt could form the basis
of our BoR. I am simply listing them,
or excerpts, for all to see.
One important means of
redressing severe HOA board ills is a judicial dissolution, provided 25% of
the membership goes to court.
That’s a high barrier considering only 1 person can blow the whistle on
governmental or corporate wrong doing.
View Arizona ARS.
For further important information regarding the frequent argument that HOA homeowners voluntarily agreed to a contract with the HOA, often used to defend HOA board actions, see Private Contracts.
I AM NOT A LAWYER AND I AM NOT PROVIDING LEGAL ADVICE. YOU SHOULD CONSULT YOUR OWN COUNSEL FOR LEGAL ADVICE.
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