AZ legislature fears HOA failures if homestead protection permitted?

Why is the exclusion of homestead protection for private HOAs a matter for  the AZ Senate FIN committee?  Is the committee afraid that HOAs will begin to fail in droves due to dead beat members retaining up to $400,000 in homestead exemptions if foreclosed on? (The HOA equivalent to public taxes).  That’s odd, because for years CAI has presented surveys that all is well in HOA-Land with a 70% – 80% member approval.  Or is there fear mongering going on again?

H’mmm.  Suppose now that the fear is real and down go the HOAs, mainly on the directors failure to manage the HOA’s funds.  Why then should HOAs get preferred treatment in violation of the Arizona Constitution, Article 2, Declaration of Rights? Let them fail as any other poorly run organization!

§32. Constitutional provisions mandatory. The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.

§13. Equal privileges and immunities.. No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.

If the committee, and Legislature, proceed to withhold homestead protection then their act would be a clear violation of the AZ Constitution and subject to an easy challenge. It has happened in the past and the homeowners won! AZ Attorney General admits SB 1454 HOA to be invalid and without effect.

HomeAdvisor study critical of CAI surveys

For years (since 2005) the public in general, the media, and state legislators have been targets of CAI’s “satisfaction” surveys sponsored by its affiliate, The Foundation for Community Associations Research. This year a study was conducted by HomeAdvisor this past September in an effort to uncover  the attitudes of US HOA members across the country regarding life in an HOA.

The HomeAdvisor study confirms the 2015 online polls by two homeowner rights advocates, Sara Benson (Chicago) and Jill Schweitzer (Phoenix), on homeowner satisfaction with HOAs.  In stark contrast, not surprisingly, the Combined Advocate Surveys, as I refer to them, revealed opinions and views refuting the results of the CAI “happiness” surveys. It appears that the CAI studies were happiness studies of happy HOA members.


Read my full analysis, “HomeAdvisor study confirms advocate study critical of CAI surveys,” and its statistical findings.