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Ideology of HOA Industry Lobbyists

Dennis,

Briefly, what in your opinion is the ideology of the HOA industry (community association manager groups, etc.) lobby? What benefits them?

For example, there was a law passed over a decade ago where individual owners pay for damages/repairs/maintenance etc., of limited common elements vs the Association in a condominium community. How does this law benefit the HOA lobby?

Similarly, is there any reason why Arizona does not have a law mandating an HOA to even conduct a reserve study? In my opinion, it is common sense and fiscally responsible for an HOA to conduct one every few years, especially now with inflation changing forecasts.

1 Response

  1. Dennis Legere

    Nick,

    That provision is both applicable to condominiums and planned communities. Think of it this way, if a unit owner did something that damaged the common property who should pay for it the entire community or the unit owner that caused the damage. I think your answer will be the person that caused the damage. Which is exactly what the law provides for. The industry does not benefit from this at all. This really comes down to what is fair for the homeowners altogether.

    The problem is when the association board arbitrarily claims that one unit owner caused damage without proof or based on false reports from other homeowners, there is no true due process in these communities because the board get to add those charges to your account. Your only recourse is to sue the association for those false charges and prove your innocence.

    Reserve studies are reasonable applications of the fiscal responsibility of the board to manage and maintain the common property. Common sense within these communities is far too often a forgotten trait. It will be very unlikely that the state will ever tell the association to apply common sense or mandate that a specific type of reserve study must be conducted. Florida actually did that this past year as a direct result of the Condominium collapse, and that law has been devasting to condominium owners in the cost of not only the study by the mandated modification to the structures as a result of it. This is an example of the state stepping in and preventing the application of common sense by mandating that every association do something in the same way and then commit to the results of that study with mandatory maintenance activities. This made a lot of money for reserve study contractors and for construction trade groups all on the back of the condominium owners without any say in the process or the need for their individual communities. I will never drive to do anything like that in Arizona and will fight any attempt for state mandated process that does not direct benefit the homeowners. This does not mean that i don’t support reserve studies i’m just saying one size cannot fit the needs of each individual community and the community needs to figure out what works for them and not be told what to do by the State.

    Dennis

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