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:

  1. To present information regarding HOAs, board and committee operations,
  2. To present information regarding the RIGHTS of HOA homeowners -- what they can do under existing conditions,
  3. To propose a HOA Homeowners Bill of Rights to redress the imbalance of power which currently favors HOA boards, and
  4. To provide information on other links and resources for the HOA homeowner.

Important Commentary:  Fundamentally  differing attitudes about HOAs: A valuable societal goal or un-American activities?  READ

Arizona has problems like many other sites

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.

Buyer Rights

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."

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!

 

Resources

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 constitutionality of town planning boards mandating HOAs.

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

List of resources for homeowner advocates - internet sites, books, court cases

Backgrounder on George K. Staropoli

 

Selected Articles

For additional articles see PVTGOV

  Why can't HOAs be an unincorporated town?

  The Other Phoenix Job (reply to CAI article)

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?

 

Books:

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.

 

Links to sites: