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Home Owners Association Perspectives
...contemporary comments on private community governments 
 
This site is designed as an INFORMATION and EDUCATION CENTER for homeowners in HOA’s with an Arizona focus.  The question is often asked “Are associations really creating and fostering community, or are they impeding the very concept?”  Too often boards and committees become congenitally delusional about their own indispensability.
 
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This site assumes no responsibility nor guarantees the accuracy of this information and is not engaged in the practice of law nor gives legal advice.  It is strongly recommended that you seek appropriate professional counsel regarding your rights as a homeowner.

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Las Vegas Homeowner Association Fraud Investigation

(See - In The News)

 

Senator wrote HOA bills while working for Del Webb.

(See - In The News)

 

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 A Contemporary Perspective…

 

COMMUNITY DISCONTENT

 

We often hear how some community members are fostering discontent within the community.  In reality, it is most often the governance practices of the board and management that is the source of discontent. 

 

This is typically seen in:

(1) inconsistent interpretation, application and enforcement of the restrictions, rules and guidelines

(2) failure to consider a majority viewpoint of the community in drafting new documents and changes to existing documents

(3) failure to communicate and maintain transparency in governance practices

(4) failure to recognize and be responsible to their fiduciary duties.

 

When statements of discontent arise from management and boards, Boards of Directors need to realize they were elected to serve the majority interests of the community, not their personal interests or a minority interest within the community.

 

Evan McKenzie, a University of Illinois-Chicago lawyer and political science professor and author of the book Beyond Privatopia: Rethinking Residential Private Government, recently explained  "There's no training or actual requirements for board positions, which means that the people in charge often don't understand the most basic requirements of governance. Many homeowners don't, either”.  

  

 

 

Marana, AZ
Updated Saturday, January 28, 2012 5:50 AM
Clear
Clear		46°FHigh: 69°F
Low: 41°F
Wind: 0 mph
Humidity: 61%
MSN WeatherData provided by iMap

 

 

 

 

 

 

My Perspective...  

Throughout the nation, private residential subdivisions controlled by declarant and homeowner association boards have 'mushroomed'. Increasingly, we are witnessing the handing over the traditional public governance powers, not to mention the quality of our lives, to unregulated private corporations and their outside for-profit operatives

 

Much has been written and spoken about the need for restoration of community in the United States.  There have been excellent articles discussing community theory, the dynamics of the group and the individual, the effects of individualism, and many other related topics.

 

Too many in the ‘industry’ have for too long resisted the admission that negative aspects exist. They have refused to engage in constructive dialogue with those who assert otherwise. It is time for homeowners to assert their right to have a participatory, democratic form of government embracing the principle.. 

 

...the right to govern comes from the consent of the governed...that right can be removed by due process...  

 

The writer of this blog is a person who currently owns or has owned property in 5 different HOA’s, in 3 different states; a prior elected board member and ARC chair. During the past 20 years I have had the opportunity to participate in, observe, study and analyze the governance structure of this unregulated corporate form of government. I support most of the basic principles of common area management but I and many others have a concern with the numerous reports of corporate fraud and mismanagement and the unnecessary overreach into the personal lives of members by the associations. A major concern also is the influence, control, abuse and litigation by outside for-profit industry operatives. I support the movement to bring about change through education, legislation and the voice of the members. Hopefully, some changes will eliminate the nonsensical intrusion into the personal lives of the members and restore the Constitutional and common law rights that have been, and continue to be, taken away by the outside industry operatives.