Aothority to stop HOA members
HOA’s have patrol police forces who impose speeding and traffic laws who are not state regulated police forces on private roads. IN fla we got rid of thee police due to liability and breach of consitutional rights. The covenants did allow such but we still made it a law to stop them for issuing tickets on private roads. The fines are outrageous. Also, imposed code of ethics which makes disagreeing with Board members a fine. Furthermore, should the membership have the right to vote on the annual budget, stop loans, etc which the covenants allow. The builder started the HOA and made sure he was totally protected and as a result we have roads not built to code, buildings in bad shape , etc. Any laws on the horizon to stop this. Suggest follow FL’s lead.
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Chris,
Every state has a unique character as to how they address HOA issues; some of it is partisan based, and other is based on the issues faced in that state. While I try to stay current in what every state every year does every year relative to these communities I have to factor what they do with what and how I could approach that situation in a way that would fly in Arizona. I have drafted detailed legislation to protect homeowners’ rights to :
– vote and run for election and to ensure the integrity of the election process,
– provide legislation to invoke a budget ratification vote for any budget that exceeds the cost of living plus one percent and to prevent associations from withdrawing funds from reserve accounts to cover operating expenses and finally to make the approval for loans the same as for special assessments,
-Codify into law the truth of the Duties of the board to the members and to the association as established in Case and Common law.
– Define and limit the association’s ability to create rules beyond those specifically prescribed in the declaration on private property or the members.
– Reduce the allowed time for Declarant control over these associations while protecting Declarant’s right to develop the remainder of the community without restraints.
– Clarify the open meeting law to end the constant abuse and ignoring of those existing laws,
– Clarify and revise the process of the resale disclosure report for the sale of any property in these communities.
– Simplify the CC&R’s amendment process into three grouping with different levels of approval required for each grouping.
How many of these I can get sponsored or introduced this coming session is uncertain as all legislators are up for election this November. We have started discussion with many legislators on some of these proposals.
As for the specific issue, you started your question with, security patrols for speed enforcement, the association is within its authority to implement such practices; however, as you mentioned, it incurs the significant risk of liability in doing so. I have no intention of writing legislation to prevent such activities, nor do I believe that if one were to be written it has any chance of passage in Arizona.
A code of ethics provision that fines a homeowner for disagreeing with a board is illegal today under the First Amendment to the US Constitution, which applies equally to these communities as to any other citizen of this country. The association has absolutely no authority to create such rules or to attempt to enforce them, my Rules bill will make that clear.
Dennis