HOA Private Government
Veritas Pro Justicia
Summary of Commentaries on Who
Will Prosecute for Homeowner Justice
May 14, 2010
George K. Staropoli
Comment:
By treating violations of state
laws as civil matters, state legislatures and the courts have established
public policy that it is not in the general interest of the public to
uphold and enforce the laws against HOA lawbreakers. State laws
favor the HOA person against the homeowners and deny them the equal protections
of the laws. The statutes do not contain deterrent penalties
against the HOAs, and so there is no incentive for the HOA to obey
the laws. CC&Rs are not subject to state approvals to protect
homeowner rights, freedoms, privileges and immunities that belong to all
residents of the state.
While
the following Commentaries deal with the State of Arizona, the failures to
prosecute for homeowner justice pervades all 50 states.
Montelena and Sun City: the failure of government
agencies to protect consumers of HOA controlled homes
Sunday, May
09, 2010, 
Once again,
the necessity of obtaining an attorney to read and explain the legalese of
those CC&Rs or declaration cannot be overstated! Why? Because Arizona
government agencies do not protect home buying consumers! With respect to the
transfer fee demand by the Montelena HOA on a buyer to pay a whopping $2,500
fee to the association (see Homebuyer: HOA ‘Unscrupulous’ [...]
Arizona
Attorney General will not prosecute for HOA justice
Wednesday,
April 28, 2010, 
In response
to a homeowners complaint, the AG’s office, Consumer Protection and Advocacy
Section, replied, Unfortunately, the problem you complained about is not
within our jurisdiction. Our office enforces the Consumer Fraud Act,
however, the Act does not allow our office to pursue private disputes. Our
office represents the state of Arizona and cannot act as a private [...]
Arizona’s new “Take That George!” law: officials don’t
have to defend HOA statutes
Saturday,
April 24, 2010, 
This law
was introduced, I firmly believe, as a result of my repeated chastising of our
elected officials, over the past year, for their failure of to defend the
constitutionality of the statutes that permitted the Office of Administrative
Hearings (OAH) to adjudicate homeowner association disputes. I take it as
a feeling of guilt that this [...]
Who prosecutes for homeowner justice against HOAs?Tuesday,
April 13, 2010,
April 12,
2010
Rep. L.
Arizona House of Representatives
email letter
Dear Rep.
L,
I’d like to
thank you and your assistant for contacting me in an attempt to assist the xxxx
with their condominium issues. I [...]
Tuesday,
April 13, 2010,
April 12,
2010
Rep. L.
Arizona House of Representatives
email letter
Dear Rep.
L,
I’d like to
thank you and your assistant for contacting me in an attempt to assist the xxxx
with their condominium issues. I [...]