A forum for Arizona Homeowners anxious to see changes in the Homeowner industry. BUT IT’S NOT JUST A BLOG TO PONTIFICATE, IT’S A MOBILISATION TOOL FOR ACTION to get legislators to make real changes. We need FACTS, not fiction, and this site will eventually be loaded with PDF files to access at the click of a button. Watch for the links to those marked HERE.
ENTER YOUR EMAIL ADDRESS AT THE BOTTOM TO RECEIVE POSTINGS ALERTS. Click below to see a poster child - The Crossings in Prescott
Imminent Bankruptcy of The Crossings at Willow Creek Prescott + HOA Historical Perspective
See email sent to 592 Arizona state, county and municipal public officials
As public officials, we want to draw
your attention to the role of regular government, state, county or municipal, in
Arizona HOA’s who seem to feel they bear no responsibility for them, as if they
were abandoned orphans.
We are part of an exciting group of truly
motivated citizens working with State Senator Farnsworth to clean out the HOA mess
that has been created over the years.
Whatever you may believe, this is now
going to be tested in the imminent bankruptcy of one of the supposedly premier
subdivisions in Prescott – The Crossings at Willow Creek – at least according to
the HOA’s now ex attorney and supposedly the largest HOA Attorney firm on the
planet - Carpenter Hazlewood. Click HERE
to see their letter of August 8.
For more details on that go to our blog
which also has a link to a separate blog focused exclusively around The
For background, we’d like to draw your
attention to an excellent summary to be found below, written by AZHCI, members
of the Farnsworth group, putting HOA’s into historical perspective:
Questions for you:
1.Do you have a
position on this, particularly if you are up for election?
2.Can you point us
to a precedent for this in Arizona where an HOA has fallen completely off the
cliff, as we are not aware of any?
We know Prescott Valley faced similar difficulties
with Stoneridge but they are generally viewed as somewhat gifted at walking
towards problems and looking to the future rather than the past. As for
Prescott – you be the Judge.
We’d like to hear from you via the blog
or otherwise, urgently, as according to Carpenter Hazlewood, it’s only a matter
The laws on
Condominiums and Common Interest residential associations were written in the
late 1960’s by developers, the FHA, and Banker-lenders. They treated HOAs as
property issues, not as homes that people live in. These outdated laws gave
extensive powers to the Boards who would run the Associations with their hired
surrogates - attorneys and management firms.
with this is that human beings are not meant to live in corporations. This is
where elderly people spend their retirement years, especially in Arizona, and
it’s not meant to be devoid of a democratic process. At the moment, there is no
solution to the problem because every time people try to introduce more of a
community philosophy on their own, they run into the wall of Oh, well this is a
private corporation and if you don’t like the rules you can just move.
signed by the Governor in 2014 provided only a partial remedy for this but it’s
ineffective because the language cannot also restrict or dictate the terms of a
sub divider or Developer’s contract. This mandates CC&Rs and Rules that go
way beyond just the maintenance of the community owned property. These land use
restrictions grant the developer, and after turnover the Association, total
control over the member’s lot. That was extremely convenient for municipalities
allowing them substantial cost shifting but without them taking ANY responsibility
for the beast they created. Practically, municipalities have to be given a copy
of the CC&R’s but have no responsibility to read them. It’s effectively
a form of taxation without representation. To change this, local
government must once again offer an alternative CHOICE without mandating the use
of a contractual scheme such as HOAs use.
alternatives include Improvement Districts for the COMMON AREAS ONLY with no
CC&R’s for individual homes.
consumer CHOICE back into the equation without the ability of local governments
depriving the public and developers of the right to own and maintain open
spaces and subdivision improvements without the use of property tax funds.
AZHCI proposes amending ARS 9-461.15 and 11-810. to allow a Single Family
Housing zoning class that can be managed under “Improvement District” control
for the common facilities only.
Arizona Common Interest Development Homeowner Institute (AZCHI) which provide
education, training, research and legislative advocacy to all seeking to change
the outdated public policy that privatizes housing, to once again allow
Developers to build single family housing under Public Management control.