AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.
azhoatruth@gmail.com
Login

We need HOAs to respect private property rights

I just found this website. I can only hope that this is part of an effort to provide at the least equal power to homeowners. There is nothing equitable in the power that HOAs have. The first order of business is that private property rights have have ultimate power, HOAs must take a back seat. I know the hackneyed argument about property values but the board members have no more guidance about that than the individual owners. Some sort of equitable basis has to be found in the laws governing these neighborhood thugs.

4 Responses

    1. dennisl

      Charles,

      While i believe that private property rights still apply to HOA’s and Condominiums you unfortunately do give up some of those right by agreeing to buy a home in and HOA or Condominium. The loss of those right are limited to only those issues specifically identified as conditions or restrictions on the use of the property specified in the CC&R’s. If you cannot accept those conditions or restrictions then don’t buy a home in those associations. The simple act of buying a home with conditions and restrictions established and recorded on the title of that property constitutes acceptance of those conditions and restrictions unconditionally. You voluntarily give up those property right when yo buy a home even if you have or had no idea about the restrictions.

      Like it or not this is the law and the basic nature of property servitudes.

      Dennis

  1. Charles Filipponi

    You are stating the obvious. If there were alternatives, not buying is a reasonable alternative. There are few such options, magnifying the issue. In addition, whether you like it or not, boards actually do as they please, hiding behind the CCRs and legal threats. Interpretations of the CCRs, master deeds and bylaws, are solely up to the board. There is little recourse for the home owner. This is the reality, this is what has to change. Maybe this site is about protecting HOAs and the overlords who run them. My mistake.

  2. dennisl

    Charles,

    This site is not about complaining about the existence of HOAs or the arguments of the HOA industry complex.

    It is about the truth of HOA’s and what you can and cannot do or most importantly what both owners and boards should do in these communities within the existing laws and to fight to get laws changed to better protect the homeowners from the abuses of the HOA Industry. I fully agree with your comments about what has to change but those words are very easy to say and very hard to do. There are nearly 800 people that have joined this site to get help from me but when i ask for their help to write legislators in support or opposition of legislation less then 100 actually get involved. There are over 3.5 million homeowners in this state living in these communities but unless enough of them bother to get involved to demand HOA reform nothing will ever happen. To get meaningful change i will need the support of 10’s of thousands of homeowners to get the attention of the legislators and the Governor. It was easy for the teachers to take a day off from their jobs and leave the kids to have 20,000 of them march on the State house and demand more money. That got the attention of every one and change happened.

    The HOA industry of CAI, AACM. the Builders association and the Realtors have endless resources and well established and highly paid lobbyist all fighting to protect their endless money train from homeowners.

    All the homeowners have in this state is me and the 100 or so supporters who actually work to help others. We have lost many battles but have also won some to provide greater protections for homeowners. While everyone is entitled to their opinion you have absolutely no right to suggest that this site or that this organization has ever done anything to protect the HOA industry.

    If you want change then please get involved in being that change and go down to the state house and register as a user on the Legislature web site. It will take 5 minutes and your voice can be added to ours to try and work against the HOA industry to protect homeowners.

    Dennis

Leave a Reply