Out of Balance: Homeowner Rights vs. Responsibilities
There ought to be a law. Wait, there is a law. There are actually quite a few. Homeowners in Homeowners Associations and Condominiums in Arizona are regulated by Arizona law in many ways. Not only are there laws (and every year, more and more) and court cases about HOAs, but there is also a binding contract – the CC&Rs that are recorded as restrictions against your property.
But Homeowner, you have rights. The laws in Arizona, your CC&Rs and Arizona’s laws for non-profit corporations all give you rights. Full financial disclosure. The right to speak at a meeting. Board recall. The right to be treated fairly and as other Homeowners in a similar situation have been treated. The right to live peaceably and quietly, without unnecessary intrusion. It’s your house and it’s still America, after all.
These rights, and many others, are important but we cannot forget that rights do not operate in a vacuum. There are also responsibilities. You, Homeowner, are responsible. To pay assessments. To keep your yard up. You can’t leave your ’82 hoopdie on blocks in the front yard for 8 months of the year. In most HOAs it’s your responsibility to not keep a wild baboon (are there really any tame ones?) in the backyard – “You know, for the kids.”
It all seems simple enough – as Homeowners in HOAs you get a healthy dose of rights and then you must swallow a few responsibility chasers. So then, can’t we all just get along?
Apparently not. The problem is that most homeowners and the Associations in which they live, can’t escape the culture of responsibility. Fine notices. Assessment notices. Lawyer letters. Contentious meetings. Those in power meet monthly to discuss your lack of responsibility. The Board of Directors hires third parties to enforce responsibility aggressively. They use association fun
ds to fight the responsibility good fight.
No wonder most homeowners don’t understand and enjoy their rights. The scale has tipped a little too heavily to the responsibility side. All ying and no yang. Don’t misunderstand, I am no fan of rock concerts and 2:00 a.m. pool parties at the condo swimming pool. But maybe it’s time that Homeowners flex some muscle and exercise those statutory and contractual rights. So folks, get up off the couch and sell the hoopdie. Pay your assessments on time. And at the same time, insist on your financial transparency from the Board. Speak your mind at a meeting! Talk to your neighbors! Enjoy those rights.
We’re not finished with this idea of rights and responsibilities. In some future posts, we’ll explore some specifics of Homeowner rights. Maybe we’ll unearth some more yang. Balance is a good thing.
- Roger
Comments
Counsel:
Congratulations on your sudden or not-so-sudden epiphany…homeowners have rights, “Out of Balance: Homeowner Rights vs. Responsibilities.”
Not unlike “There Ought to be a Rule for Lawyers” (JRW, 03/19/2010 – WMB, 03/20/2010), “There ought to be a law. Wait there is a law,” more yang (‘there are laws’) is a good thing.
Best to you, The Law Offices of J. Roger Wood, PLLC and a new day (many days) for Arizona homeowners.
WMB
Mr. Brown,
Thanks for your kind words and well wishes. Looking forward to a healthy dialogue about all of these issues.
Roger
With all due respect, Roger, these are not our problems. The problem is that we have found ourselves “members” of a non-profit corporation whereas all we intended to do was to purchase a home to live. The HOA=corporation was founded and established by a developer, and the CC&Rs-contract was designed to serve the developer, not the homeowner. But we had not known any of this when we bought the property and had no clue that we had signed a contract (which actually we have never sign. We find ourselves subject to rules and regulations, with hungry management companies and board members infected with Boarditis — a highly contagious disease. The few rights you mention were acquired only after we organized and fought a bitter struggle, but they are stepped on routinely as the board & management are in total control.
It’s only the tip of the iceberg. To summarize the situation — POWER CORRUPTS!!! HOAs are dictatorial, exploitative and oppressive by nature. It’s no about the homeowners not understanding their responsibilities, Roger.
I respectfully disagree, Roger. The problem is not hoopdies on blocks or other red herrings, the problem is that these rules were written by corporate lawyers who turn around and enforce these same rules for a profit…this is well known as “the very definition of tyranny”. HOA corporations are literally “corporatocracies” – governments formed by corporations, for corporations and entirely without any elected representatives in the rule making process. They have become the most hated corporations in this country. OCCUPY YOUR NEIGHBORHOOD, and dissolve the HOA corporation to end this reign of financial terror and litigious pettiness. HOAs carry a social disease called HOA SYNDROME, and they have become a health hazard that must be dealt with like rabies…it’s an epidemic and the cure is to put the existence of each and every mandatory HOA corporation to a democratic vote- to have the HOA government, or not? That is the problem, we have never voted on this simple question so let’s solve it. If they can get 51% or more of the present day owners to sign an agreement to continue the HOA corporation, then let it live. But if they can’t pass this simple test (and I predict most of them cannot), then these “contracts” should be voided and the CC&Rs burned like bad religious documents.
Rich, thanks for your comments and respectful disagreement. My comments to Mika above do address your concerns somewhat. I just have to try to be all things to all homeowners. I think that when most “wake up” to the issues and governance in their communities, they start seeing all of the challenges with the system. And you are absolutely right, the idea of these communities in recent years has been driven by developers and municipalities creating these entities. As homeowners, you have not had a choice.
I also like your idea of an up or down vote. There may be some communities where the votes keep the HOA and I believe there might be many that would vote “no”. Interesting idea.
I’m looking forward to more comments and a spirited discussion of all the issues.
Roger
Cute, but I’m not on my couch. I bought into an HOA so I wouldn’t have to work full time protecting myself and my interests. As it turns out, I now have to spend hours each day undoing the damage that this HOA has done to me and others. The HOA is structurally corrupt. For those who think they will save time and money by buying into a shared interest HOA community, the HOA will have the last laugh and good luch with your new life long “hobby” of undoing or limiting the damage that they do. It’s like “managing” cancer!
Nancy, thanks for your comments. I don’t disagree that once you get involved and enlightened to some of the issues, it’s overwhelming and indeed a fight. I also know that there are all kinds of homeowners (see my comments to Mika’s above).
With all due respect, Roger, these are not our problems. The problem is that we have found ourselves “members” of a non-profit corporation whereas all we intended to do was to purchase a home to live in. The HOA=corporation was founded and established by a developer, and the CC&Rs-contract was designed to serve the developer, not the homeowner. But we had not known any of this when we bought the property and had no clue that we had signed a contract (which actually we have never sign). We find ourselves subject to unreasonable rules and regulations, with hungry management companies and board members who are infected with Boarditis — a highly contagious disease. The few rights you mention were acquired only after we organized and fought a bitter struggle, but they are stepped on routinely as the board & management are in total control.
It’s only the tip of the iceberg. To summarize the situation — POWER CORRUPTS!!! HOAs are dictatorial, exploitative, humiliating and oppressive by nature. It’s not about the homeowners not understanding their responsibilities, Roger.
Mika, thanks for the comment. I really see the homeowners plight several different ways because there are several types of homeowners in HOAs and Condos. There are many who share your sentiments and are passionate. There are many that don’t know of the problems and issues until they themselves are directly impacted. There are others who are clueless about what’s going on, where their money goes, etc. And finally, there are some that just don’t care. As an attorney who cares about homeowners, I have to reach out to all of the above. I’m not going to disagree with your comments, in fact I’ll agree with most. I just know that there are all kinds of homeowners and I hope the legal information here on my blog can reach them all. Don’t worry, there will be posts that speak more to your issues and concerns. Looking forward to more comments.
Seems this blog is forever censored – no comments have been published but I know there’s been at least a dozen. Is free speech not allowed on this topic – publish the comments, please.
Rich, et. al. – Here’s the publishing en mass. Thanks for the comments. The website is almost finished and I’m tuning up some things. Looking forward to spirited debate and good conversation.
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This blog is written and published by J. Roger Wood and is for educational purposes only, i.e. to give information and general understanding of Arizona HOA laws. This blog is not legal advice.
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