Homeowner
advocate legal research information services
HALRIS
info@pvtgov.org http://pvtgov.org/pvtgov/halris
What we do
HALRIS
is currently helping homeowners only in Arizona who are not represented by an
attorney, as HOA/condo laws vary from state to state. We are not attorneys nor do we work for an
attorney. We cannot represent you in any legal hearing or court, and we cannot
prepare legal papers for court filing.
We
perform legal research and case analysis services that does not constitute
legal advice or opinion. We make no claims, promises, or guarantees about the
accuracy, completeness, or adequacy of the information contained in any
memorandum, report, brief, recommendation, or any communication. No document prepared by HALRIS or George K.
Staropoli is to be considered a legal document to be filed in a court or in a
legal proceeding.
Before submitting a request to HALRIS, please read the following
important facts about taking legal action against your HOA
Please
consider the following factors, based on our 14 years as a homeowner rights
advocate (See Bio), before submitting your request to
HALRIS:
1.
You
have entered into an enforceable private contract with your HOA consisting of
your governing documents – the CC&Rs and bylaws;
2.
As
a private contract, the state/county will not get involved unless there are
criminal acts being alleged;
3.
Under
the governing documents, the HOA is not bound by the Constitution or Bill of
Rights, and the courts have held that the member voluntarily waived or
surrendered those rights (“You have left
the American Zone”, motto of OnTheCommons.com internet talk radio);
4.
The
governing documents and state laws strongly favor the HOA over a member’s
rights and freedoms;
5.
Your
board is not required to be nice, or fair, or just, or compassionate, but to
uphold and enforce the governing documents;
6.
The
HOA attorney does not speak for you, but for the board;
7.
To
cause the board to obey its duties and obligations under the CC&Rs and
state laws, a member can either “vote the bums out” if sufficient members
agree, or file a civil suit in the courts;
8.
There
are no laws with effective civil penalties against HOA board violations of the
governing documents and state laws; thus, there are no legal detriments for the
board to cease its unlawful practices.
How we work -- the procedure
As
would be required when seeking services in other important areas, you need to
provide us details about your situation.
Step 1.
We would need:
·
A brief statement of why you need help,
·
Copies
of all communications with your HOA, its attorney and manager relating to your
situation,
·
Email
or faxed copies of all court pleadings and motions, yours and from your
opponent as well.
Step 2.
·
We
will review this material and come to a decision if we can be of any help by
conducting legal research on your situation and preparing an HALRIS
Research Memorandum containing
our view of your situation. This is not
to be construed as legal advice or opinion, or a legal document for filing with
any court or at a legal hearing. See
HALRIS Disclaimer below.
What is a HALRIS
Research Memorandum (HRM)?
There are several kinds of briefs used
in the legal system. Most common are the
arguments made in filing a motion or in filing an appeal, either an appellate
court or the state’s supreme court. There is also an amicus brief, a “friend of
the court’ filing by a third party to assist the court in reaching a just
decision, which is similar to an appellate brief.
As illustrative of his experience with
HOA problems, George K. Staropoli, as Pro Se, has filed two amicus briefs, one
to the Arizona Supreme Court and one to the Superior 
Court, both on constitutionality issues;
and two briefs as required by a motion.
In addition to court filings, there
internal law firm documents that are court case summary briefs prepared in the
analysis of an already decided case and used for possible precedent value (look
what the court already decided); or are the findings of research investigating
legal issues. The HRM is a research
document that reports on the investigation and analysis of legal issues.[1] The HRM is not intended to be a legal
document or to represent legal opinion or advice, but a layman’s assessment of
an HOA incident.
The objective of the HRM document is to
provide the Client with some idea of how his situation may be seen in court and
how the HOA may respond. The decision and options on how to proceed
are those of the Client alone.
For a sample of an HRM report, please
see Report.
___________________________________________________________________________
HALRIS Legal Disclaimer
The information contained in this written or
electronic communication, and our associated web sites and blog, is provided as
a service to the Internet community and does not constitute legal advice or
opinion. We perform legal research and case analysis services, but we make no
claims, promises or guarantees about the accuracy, completeness, or adequacy of
the information contained in any report, finding, recommendation or any communication,
or linked to this web site and its associated sites. No document prepared by HALRIS or George K.
Staropoli is to be considered a legal document to be filed in a court or in a
legal proceeding. Nothing provided by
HALRIS or George K. Staropoli should be used as a substitute for the advice of
competent counsel. George K.
Staropoli and no person associated with HALRIS, AHLIS, or Citizens for
Constitutional Local Government are attorneys nor are employed by an attorney.
Notes