HOA    HOMEOWNER’S  

 

BILL OF RIGHTS

 

 


HOA Background

 

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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