This page contains a list of important resources for homeowner rights advocates, including internet sites and email lists; books on HOAs as private governments; and court cases.
Email lists and web sites
American Homeowners Resource Center
http://ahrcnews.com/
Citizens Against Private Government HOAs, Inc
http://pvtgov.org
pvtgov@cs.com
Cyber Citizens For Justice, Inc
http://www.ccfj.net
http://www.consumersforhousingchoice.org
hoanet-subscribe@yahoogroups.com
Homeowner Associations – advocacy
hoas@yahoogroups.com
Homeowners Associations: A Dream or A Nightmare Come
True by Joni Greenwalt
http://www.homeownerassoc.com
On The Commons - live radio talk on the Internet (email for current HOA schedule) onthecommons@cox.net
http://www.onthecommons.org
Privatopia.info – get the latest developments and news relating to HOAs from a highly knowledgeable source.
http://privatopia.info
Property Rights Foundation
http://www.propertyrightstexas.com
Common Interest Communities: Private
Governments and the Public Interest, Barton
& Silverman, eds, Institute of Governmental Studies Press, Univ of
California, Berkeley, 1994
Community Associations: The Emergence
and Acceptance of a Quiet Innovation in Housing, Donald
R. Stabile, Greenwood Press, 2000
"The Constitution and Private Government: Toward
the Recognition of Constitutional Rights in Private Residential Communities
Fifty Years After Marsh v. Alabama," Steven Siegel, William &
Mary Bill of Rights Journal 461 (1998) Volume 6, Issue 2, Spring 1998, pages
461-563.
Fortress America: Gated Communities in
the United States, Blakely & Synder, Brookings
Institute, 1999
Neighborhood Politics: Residential
Community Associations in American Governance,
Robert J. Dilger, New York University Press, 1992
Privatopia: Homeowners Associations and
the Rise of Residential Private Government,
Dr. Evan McKenzie, Yale University Press, 1994
Court
Cases
The
California Court of Appeal ruled CID CC&RS are contracts.
Lee v. Katz,
Case #: 00-35755 Citation: 2002 DJDAR 373 US 9th Court of Appeals,1/10/02
State action
may be found when private individuals or groups are endowed with governmental
powers or functions because they in turn become state agencies or
instrumentality's
BRENTWOOD ACADEMY v. TENNESSEE SECONDARY SCHOOL
ATHLETIC ASSOCIATION et al, case no 99-901, US SC
we have found a
private organization's acts to constitute state action only when the
organization performed a public function; was created, coerced, or encouraged
by the government.
PARDEE
CONSTRUCTION COMPANY v. IVAN ERNESTO RODRIGUEZ et al, Super. Ct. No. GIC769966) THE
SUPERIOR COURT OF SAN DIEGO COUNTY, D039273
Issues on unconscionable contracts, adhesion
contracts and good public policy (not directly involving HOA)
.,
James Foley v. Osborne Court Condominium et al.
97-522-Appeal. 724 A.2d 436; 1999 R.I.
RI Supreme
Court remanded this case to the
Superior Court for findings on whether the plaintiffs constitutional rights in
this case were violated by the provisions of the 1982 Condominium Act that
authorize a condominium association to foreclose on property without the
necessity of a judicial proceeding.
Unit Owners
Assoc v, Gillman 223 VA 752 (1982)
whereby the
Virginia Supreme Court held that the power to fine is a governmental power
Villa De Las
Palmas Homeowners Association v. Paula Terifaj 2002 DJDAR 11230
We affirm
the judgment in its entirety, finding that the restrictions contained in the
amended declaration constitute enforceable equitable servitudes that are
presumptively reasonable under Civil Code section 1354
Duffy v.
Sunburst Farms East Mutual Water &Agricultural Co., Inc 124 Ariz 413, 604 P
2d 1124 (1979)
Words in the
CC&Rs to be taken as to their common everyday meanings
Caron v.
Maxwell, 48 F. Supp. 2d 932 (D. Ariz. 1999)
A homeowner sued under the FDCPA, alleging
that the HOA’s lawyer was a debt collector
Ahwatukee Custome Estates Management Assn, Inc v.
Bach, 196Ariz 631, 633-634, 2 P 3d, 1276, 1278-79 (Ariz App Div 1 2000) and
Arizona Biltmore Estates Assn v. Tezak, 177 Ariz 447, 448, 868 P 2d 1030, 1031
(1993)
CC&Rs
and bylaws as binding contract between the association and the individual
homeowner
PATRICIA GFELLER and RICHARD GFELLER v. THE SCOTTSDALE VISTA
NORTH TOWNHOMES ASSOCIATION 1 CA-CV 98-0010, COURT OF APPEALS STATE OF
ARIZONA DIVISION ONE
We reverse the trial court's declaratory judgment in favor of
the Association. We find that the CC&Rs impose an affirmative duty upon the
Association to enforce the drainage requirements of the CC&Rs, which duty
is not negated by provisions that permit the Association to select among
alternative methods of enforcement.
Bryceland v. Northey, 160 Ariz. 213, 215, 772 P.2d 36, 38
(App. 1989).
We interpret written CC&Rs
de novo where, as here, there is no extrinsic evidence of the drafter's
intent.
Hamberlin v.Townsend, 76 Ariz. 191, 196, 261 P.2d 1003, 1006
(1953)
We will, if possible, interpret
a contract in such a way as to reconcile and give meaning to all of its terms,
if reconciliation can be accomplished by any reasonable interpretation.
In a case relating to the constitutionality of zoning ordinances, the court states the restrictions on delegating legislative powers and obligations.