KathyS (California)
Posts: 145
Posts: 145
Posted:
Letter to Arizona Legislature
Subject: HOA Legislation
I am writing regarding Representative Grays reluctance to schedule hearings on proposed Homeowner Association legislation. As I attempt to explain below, the suggestion that additional legislation in this problematic area is not needed is extremely shortsighted.
I am one of the few attorneys in the State of Arizona that regularly defends homeowners in disputes with their HOA's. The reason there are so few attorneys assisting homeowners in such matters is because as a practical matter it is extremely difficult if not impossible for the average homeowner to afford to challenge the HOA's.
HOA's have well paid management companies that are beholden to the HOA board of directors that team up with the HOA to support claims against homeowners. They have law firms on retainer that are beholden to the board of directors and to the management companies that employ them. They use the money collected from homeowners to employ this team of professional witnesses and attorneys to thwart any challenge by a homeowner. If a homeowner despite this significant disadvantage spends the money to challenge the HOA, the HOA is often defended by their insurance policy that was paid for with the homeowners dues. If the homeowner is fortunate enough
to be successful against these long odds, the claim by the homeowner is often paid by the insurance policy which the homeowner paid for in the first place, meaning that the HOA board of directors and management company are rarely held accountable for any wrongful actions on their part.
This one sided equation is so bad that HOA's and management companies generally ignore the well meaning legislation of the Arizona Legislature, as unfortunately they are subject to so little accountability that they are in effect "above the law".
Given this sad state of affairs, this imbalance cries out for the scrutiny and assistance of Arizona lawmakers. While I understand that others may suggest that the status quo is acceptable, or challenge this alleged state of affairs, please consider the source of any suggestion that change is not needed. Please insure that the decision whether to address these issues is not based upon the suggestions of the management companies or attorneys that
profit greatly from the status quo. This issue is to important to rely upon the "foxes" to guard the hen house.
I have withheld the attorneys name for privacy reasons.
Subject: HOA Legislation
I am writing regarding Representative Grays reluctance to schedule hearings on proposed Homeowner Association legislation. As I attempt to explain below, the suggestion that additional legislation in this problematic area is not needed is extremely shortsighted.
I am one of the few attorneys in the State of Arizona that regularly defends homeowners in disputes with their HOA's. The reason there are so few attorneys assisting homeowners in such matters is because as a practical matter it is extremely difficult if not impossible for the average homeowner to afford to challenge the HOA's.
HOA's have well paid management companies that are beholden to the HOA board of directors that team up with the HOA to support claims against homeowners. They have law firms on retainer that are beholden to the board of directors and to the management companies that employ them. They use the money collected from homeowners to employ this team of professional witnesses and attorneys to thwart any challenge by a homeowner. If a homeowner despite this significant disadvantage spends the money to challenge the HOA, the HOA is often defended by their insurance policy that was paid for with the homeowners dues. If the homeowner is fortunate enough
to be successful against these long odds, the claim by the homeowner is often paid by the insurance policy which the homeowner paid for in the first place, meaning that the HOA board of directors and management company are rarely held accountable for any wrongful actions on their part.
This one sided equation is so bad that HOA's and management companies generally ignore the well meaning legislation of the Arizona Legislature, as unfortunately they are subject to so little accountability that they are in effect "above the law".
Given this sad state of affairs, this imbalance cries out for the scrutiny and assistance of Arizona lawmakers. While I understand that others may suggest that the status quo is acceptable, or challenge this alleged state of affairs, please consider the source of any suggestion that change is not needed. Please insure that the decision whether to address these issues is not based upon the suggestions of the management companies or attorneys that
profit greatly from the status quo. This issue is to important to rely upon the "foxes" to guard the hen house.
I have withheld the attorneys name for privacy reasons.