HOA
NETWORK
HOA
NETWORK
Updated MAy 15, 2003
Looking to buy a home in Arizona controlled by a Homeowners Association (HOA)? Beware! Don't look to the State of Arizona for protection. (See Buyer Rights below to help guard against unpleasant surprises). The Arizona Real Estate Dept had recommended a homeowner rights advocate web site to provide information that contains important information on homeowners associations across the country, but retains the HOA supporter trade group's site. WHY? Who is the department protecting? The private business or the consumer?
See important information concerning seller's obligations as a party to a sale of an HOA home. What risks are involved?
Take a look at this site HOA Information
"In a democracy the rights of its people are paramount; in an HOA the beautification of bricks and mortar is paramount over the rights of the homeowners. Therefore, an HOA cannot be considered a democracy" .... George K. Staropoli
The Rutgers Constitutional Law Clinic
and ACLU (NJ) have joined in a suit against an HOA, raising questions of
contitutional violations by the board. Read a summary of the complaint in this
ongoing suit.
Areas of Interest
Purpose
The HOA Network was formed as a result of research revealing very little support groups and information available for HOA homeowners. Our objective is:
"The tyranny and absolute
power of the King cannot be replaced with
the tyranny and absolute power of a common interest association.
The association must be a government under law, wherein the Board
governs according to known and fixed laws." . . . G. K. Staropoli
HOAs have the right to place a lien on your home for non-payent of assessments
and to force a sale of your home to collect on the lien.
If you are planning to buy a home in an HOA controlled property, please read about your rights Arizona HOAs. For information on whether or not your association has a "quality of community", see our Association Information Sheets page. Need help with a problem?
Read
a preview of an important book on community associations that a new
HOA buyer and current homeowners need to know. Read it, then buy
it! Buyer'
Guide. (Limited
time only!)
Some states just have to be reminded of our civil liberties. Arizona has a law, not really enforced, that states:
"10-3830. General standards for directors (non-profit corporations)
A. A director's duties, including duties as a
member of a committee, shall be discharged:
1. In good faith.
2. With the care an ordinarily prudent person in a
like position would exercise under similar circumstances.
3. In a manner the director reasonably believes to
be in the best interests of the corporation."
Remember what your alternative is if you do not take steps to protect yourself!
Selected Articles
Constitutionality of Arizona HOA statutes questioned.
Open Letter to AZ Legislators letter. Published Word article.
Read about our proposed HOA Homeowners BILL OF RIGHTS
For further info about your Homeowner Rights and the "private contract" argument, see PRIVATE CONTRACT
Is "majority rule" always the answer in HOA decisions?
All interested parties can subscribe to our email discussion list. Simply send a blank email to HOANet-subscribe@yahoogroups.com. There are no fees or dues. By invitation only! We encourage open discussion and the free flow of constructive and useful information to help reform homeowner associations. So send me an email as to why you wish to be a member.
Click on the button to get a definition of a legal term.
Citizens Against Private Government HOAs, Inc is a non-profit organization whose purpose is to inform the public about the denial of civil rights as a result of the non-profit corporation view of HOAs. For important information see CAPGH.
The Rutgers Constitutional Law Clinic
and ACLU (NJ) have joined in a suit against an HOA raising questions of
constitutional violations by the board. Read a summary of the complaint in this
ongoing suit.
A California Appeals Court case
discusses adhesion contracts and determines if they are unconscionable and not
in the public interest. This case has all the elements that can be applied to
the CC&R adhesion contract interpretation by the courts.
"You shouldn't have to live under a private government", in Arizona Capitol Times, 7/13/01 article by Consumers For Housing Choice
May 2002, Arizona Legislature fails homeowners again on Reforms
Arizona State Legislature and the failure on HOA reform, 8/00 - 5/02. Legislature.
HOA Citizens Newsletter, Sept - Oct 2001, HOA constitutionality
Rules of Engagement for HOA Acivists Success
Arizona HOAs 9 Years Ago -- Study conducted on HOAs in Mesa-Tempe-Chandler in 1991 demonstrates very little improvements in HOAs Read it!
Arizona Law Excerpts -- which deal with 1) open meetings, 2) resale of homes and 3) liens -- that's it. Arizona
Backgrounder on George K. Staropoli
Buyer's Guide to Living in a
Community Association, a new release bringing upto-date advances by
homeowner rights advocates. Other important books
can be found here, too
BOOKS.
These suggested books will help you, the homeowner, guide the board and its members as to what is proper and not proper. Go here for How-to-Find these and other books at a great price.
"CIDS currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent of local governments."
"Everyone deserves to live happily in his home. Living in a community with a
homeowner association can be a dream - or a waking nightmare. The public
doesn't understand the possible consequences of living in a community with a
homeowner association. they get swept up in emotions of the esthetics of the
home. They are told the association would offer them carefree living. Wrong!
Homeowners must get involved in the community and stay ever vigilant. A happy
CID is only an election away from a disastrous CID nightmare."
Joni
"... one of the primary causes of disharmony in community associations is the buyer who does not understand the regulations and procedures ... at the time of purchase. . . Too often neither the association members nor the candidates for the board understand ... what the director may and may not do... "It may be that government can help here -- through licensing, certification, public complaint, and continuing professional educational requirements."
"Do you thrive or barely survive in a community governed by an association? With humor, philosophy, and down-to-earth facts, this guide offers real-life scenarios and solutions"
The American Bill of Rights states:
The 1st Amendment -- "Congress shall make no law . . . abridging . . . the right of the people to petition the government for a redress of grievances." The 5th Amendment -- "No person shall .. . be deprived of life, liberty, or property, without due process of law, ..." The 14th Amendment -- "Nor shall any state ... deny to any person within its jurisdiction the equal protection of the laws."
To contact the HOA Network Administrator, send an email, with the word HOA in the subject, to HOA Admin.
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