Subj: HOA Study Cmte fails to meet Purposes
Date: 12/17/00 7:57:42 AM US Mountain Standard Time
Starman group

To the HOA Study Committee:

I've copied below the purpose of the HOA Study committee. I feel the committee has failed to effectively to meet items (1) and (3) relating to protecting the rights of homeowners and investigating the practices of management companies, respectively. To say that "we don't want to cause problems for the majority who are following the laws" is an explicit admission of your failure to meet the purpose of protecting homeowner rights, especially those guaranteed under the US Constitution.

As for item (3), the committee never called any of the management companies to answer for the charges made against them by the homeowners and therefore, could not come to any unbiased conclusion.

If the committee had met its purpose, then it could not but make a statement similar to the New Jersey Assembly's statement:

"The Legislature finds and declares:

"The corporate model that has been applied to homeowners associations
has proven inadequate in some respects for the governance of residential
communities, a fact recognized by the Assembly Task Force to Study
Homeowners Associations in it s1998 report;

"By authorizing homeowners associations in certain planned real estate
developments to exercise the power to levy fines on owners residing in
the community and to impose liens in order to collect those fines, the
Legislature, in effect, delegated governmental powers to private entities.
Governmental powers, however, must be exercised in a way that
comports with constitutional standards of fundamental fairness and due
process, while promoting democratic participation and safeguarding the
investment of owners in their properties. ...

"Accordingly, the Legislature finds it in the public interest that:
(1) homeowners associations be held to standards of due process, open
governance and fundamental fairness, similar to those to which
governmental bodies are held;
(2) a fair and efficient system for resolving disputes between homeowners
and associations be implemented; and,
(3) associations should discharge their obligation to protect the health,
safety and welfare of homeowners subject to the oversight of the
Department of Community Affairs."


From The Arizona HOA Study Committee web page:

"Homeowner Association Study Committee

"PURPOSE: To (1) review the effectiveness of current homeowner association laws in ensuring the rights of homeowners are protected; (2) study the different types and policies of homeowner associations; (3) examine the role of management companies hired by homeowner associations; (4) discuss potential remedies for disputes involving homeowners and homeowner associations; and (5) submit a report of its findings and recommendations"

HOA Network
Citizens Against Private Government HOAs
"We need to make the injustice visible" ... Gandhi
George K. Staropoli