Below is a copy of an email sent to an inquiring Arizona homeowner:
Unfortunately, the “system” and powers that be do not see your problems, and those of other homeowners, as requiring the legislature to step in and protect homeowner rights.
Your voice needs to be heard at the legislature that will begin in January. We are again attempting to get enforcement on the agenda, licensing of HOAs and management firms, rather than an ineffective “complaint desk” ombudsman. We need enforcement of those laws that are still being ignored by HOAs and management firms, because there is no penalty to make them think twice.
We can require that HOAs post all infractions to the rules and the corresponding penalties, so, like with criminal law, homeowners can have proper notice. We can use an independent tribunal to hear and judge alleged violations of the rules, such as is available with the Office of Admin. Hearings for certain state agencies, but not for unlicensed HOAs.
We must remove the right of a foreclosure penalty that represents an unconstitutional cruel and unusual punishment of the homeowner who cannot meet their obligations to the HOA. The HOA is not at risk as is the mortgage company, and to take away a $200,000 home for a $200 debt obligation is, by anyone’s standards, excessive punishment. If the HOA were a de jure government, this could not occur.
Each and every state legislature should be reminded of the words of the Declaration of Independence:
In every stage of these oppressions we have petitioned for redress in the most humble terms; our repeated petitions have been answered only by repeated injury.
HOA Constitutional Government 