Is AZ ADRE adopting a ‘larger context’ posture dealing with HOAs?

ADRE HOA Coordinator

Dan,

I am encouraged by your reply of Aug. 18^th stating that, while aware that OAH does not deal with corporate law, ADRE does “believe that the headings clearly indicate that Title 10 is part of the larger context of available resources and related laws and statutes.” This is a step forward in attitude considering that for years ADRE has had a hands-off, defensive posture: ADRE does not regulate HOAs.  In other words, my words, not my job.

However, showing this resource that has been used by CAI trade group –whose members represent HOAs and that is strongly opposed to OAH due process — for HOA lawsuits and defenses against homeowner complaints is grossly unfair and unjust, as homeowners cannot make use of OAH for a fair and just HOA due process.  It is not clear to the average homeowner that Title 10 won’t help him, but helps the HOA unless he chooses to file a civil suit, which is a failure of the OAH statutes.  ADRE’s enlargement of its responsibilities to the general public is commendable, but Title 10 does not belong under OAH Due Process, but under full disclosure.

In addition, I raise the question of including other legal resources that ADRE failed to include as a resource relating to HOA laws, also not handled by the OAH statutes.  This comes under the heading of common law.  The entire Chapter 6, Common-Interest Communities (268 pages), of the Restatement 3^rd Property: Servitudes (2000) is devoted to HOA common law.  Section 3.1, Validity of Servitudes (CC&Rs for our purposes), and 3.6, Unconscionability, are highly relevant to justice and fair play not for HOAs, but for the homeowner. Also, not mentioned or handled by ADRE.

And just as important, ADRE makes no reference Tort law (generally relating to socially unreasonable behavior) that pertains to abuse, defamation, assault, misrepresentation, nuisance, negligence, bad faith, etc.  You know, all those behaviors by the HOA regularly complained about by homeowners.

I hope ADRE will seriously reconsider its position on listing corporate law as a resource.  In all fairness to the general public it should remove corporate law, or add HOA common law and Tort law.

George K. Staropoli