Friday, September 9, 2016

Invitation to Arizona Realtors to support HOA reform

The message below was sent to a selection of Arizona Realtors yesterday. Although facilitated by this blog as a transmission medium, the message was a joint initiative of members of the Farnsworth Group. It was timed to coincide with the Realtors caucus on Sept 8. We for our part could not help noticing that the incoming President Elect of the Association of Realtors is a founding member of the Hall of Shame on this web site and one of the most enthusiastic to seemingly disconnect from serious real estate disclosure issues being highlighted here. Please encourage her to change her outlook, in which case we would warmly welcome her support and contribution here which is open to all.

To:                                                                                                                  September 8, 2016
On the occasion of your Association’s Sept 8, 2016 Realtor Caucus, we are canvassing you personally, as an Arizona real estate professional, to take a critical step to make your business safer, quicker and easier to prevent Realtors being sacrificed as pawns to HOA Industry & Lobby Groups.
A group of homeowners are working with State Senator David Farnsworth to make radical changes in HOA practices, including enforcing better HOA disclosure in Arizona. One HOA lobby group has tried to persuade the Senator not to do it because the buyers won’t read it anyway. Who do you think the courts will hold accountable if the buyer believes that he or she is harmed by reasonably discoverable material facts that were not disclosed - the volunteer board that is indemnified from liability, the unlicensed and unregulated HOA management company, or the licensed and regulated Realtor? And don’t forget realtors set disclosure standards in Arizona, not the attorneys. The right standard is:
“If it crosses your mind whether to disclose – you should disclose it” – be you the seller or the HOA.
Buyers and their realtors are constantly the victims of bad or non-existent HOA disclosure. The fact that you have met your obligations under the real estate licensing laws and rules may not protect you from lawsuits, or at least being dragged into one.
Did you know that the court could hold you, and in turn your insurers, to a higher standard than the regulatory agencies? The best way to avoid claims of wrong doing is to lay all the cards on the table upfront.
To protect yourself, use an HOA Industry Advisory. See one at Check out also the Arizona Homeowner’s Forum at which is focusing on inadequate HOA bank anti-money laundering procedures under the Patriot Act and highly suspect money activities in a major HOA threatened by bankruptcy in Prescott. Attorneys have provided positive feedback on the use of an HOA Industry Advisory. is here.  If you are not attending your caucus, register your support for HOA reform legislation, higher disclosure standards and cleaning out the HOA industry. You can do that by emailing your AAR representative, or its President, Paula Serven at  Senator Farnsworth’s email is
Please don’t stay on the sidelines on this one. Numbers count. Make your voice heard – SOON
The Arizona Homeowners Action Group

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