Those inclined may want to contact the appropriate state representatives noted below.
Art
Also, State Rep. Nancy Barto had this to say: http://nancybarto.com/wordpress/?p=63
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Dear Art,
Please consider placing the below information on the LOVE web blog as a topic/post.
This is not directly related to Oro Valley, but would have a HUGE impact on communities in OV, especially those that care about the aesthetics of their neighborhood. Mainly those with an HOA. There is a bill that has moved from the House to the Senate and awaits action in the Senate (the bill passed the house on a vote of 44 “yes” and 11 “no”). It is HB2034.
This HB2034 is not (yet) law. It is a proposed statute that would amend the planned community statutes (it would have no effect on condominiums), and would add the following section 33-1817:
Not withstanding any provision in the community documents, an association has no authority over and shall not regulate any road way, easement or other area for which the ownership or use has been dedicated to a governmental entity or that is otherwise under the legal authority of a governmental entity.
Using ellipses, HB2034 states as follows:
Notwithstanding any provision of the community documents, an association has no authority over and shall not regulate any…area…that is…under the legal authority of a governmental entity.
By reading it this way, some have argued that community restrictions that govern planned communities would be rendered null and void. “Area” could include the Lots where the homes sit, private gated streets, and all other areas including community pools and playground areas. Associations could no longer enforce swimming pool rules, playground hours of operation, architectural limitations, etc. According to this argument, all property in planned community associations is “under the legal authority of a governmental entity” because every inch of property in Arizona is under the legal authority of at least three governmental entities (the federal government, the State of Arizona and the appropriate Arizona county).
Although not all planned community associations care about parking on publicly dedicated streets and some planned community associations have private streets and therefore would appear to be less interested in HB2034, the challenge is that, as drafted, HB2034 could create problems for every planned community in Arizona.
At the moment, HB2034 is awaiting action in the Senate and has been assigned to the Senate Government Institutions Committee. If you are interested, you could provide your perspective on HB2034 to the members of this committee (phone, fax contact information can be found at www.azleg.gov): Below are email addresses:
Senator Manny Alvarez Senator Meg Burton Cahill Senator Jorge Luis Garcia Senator Chuck Gray Senator Linda Gray Senator Jack Harper Senator Jay Tibshraeny (chair) Senator Jim Waring
Not withstanding any provision in the community documents, an association has no authority over and shall not regulate any road way, easement or other area for which the ownership or use has been dedicated to a governmental entity or that is otherwise under the legal authority of a governmental entity.
Using ellipses, HB2034 states as follows:
Notwithstanding any provision of the community documents, an association has no authority over and shall not regulate any…area…that is…under the legal authority of a governmental entity.
By reading it this way, some have argued that community restrictions that govern planned communities would be rendered null and void. “Area” could include the Lots where the homes sit, private gated streets, and all other areas including community pools and playground areas. Associations could no longer enforce swimming pool rules, playground hours of operation, architectural limitations, etc. According to this argument, all property in planned community associations is “under the legal authority of a governmental entity” because every inch of property in Arizona is under the legal authority of at least three governmental entities (the federal government, the State of Arizona and the appropriate Arizona county).
Although not all planned community associations care about parking on publicly dedicated streets and some planned community associations have private streets and therefore would appear to be less interested in HB2034, the challenge is that, as drafted, HB2034 could create problems for every planned community in Arizona.
At the moment, HB2034 is awaiting action in the Senate and has been assigned to the Senate Government Institutions Committee. If you are interested, you could provide your perspective on HB2034 to the members of this committee (phone, fax contact information can be found at www.azleg.gov): Below are email addresses:
Senator Manny Alvarez Senator Meg Burton Cahill Senator Jorge Luis Garcia Senator Chuck Gray Senator Linda Gray Senator Jack Harper Senator Jay Tibshraeny (chair) Senator Jim Waring
9 comments:
Good, pass the bill, any reduction of HOA power over our lives is, ipso facto, a good thing.
Where did these HOAs come from and
who invented the costly and bloated "Management Companies" that attach themselves like barnacles to the HOA, sucking up our hard earned money?
I do recall my parents living full and happy lives without any help from HOAs. I do not recall one house in my parents' neighborhood ever painted purple.
In the case of Oro Valley, just as we do not need a police department running at 50% of town budget, we do not need HOAs and management companies. Its the demographics, grasshopper.
Nombe, to an extent I must disagree with you. Sometimes HOA's are overzealous and perhaps some reform might be needed in order that realistic restrictions only can be in effect. I live in Sun City which does, in fact, have some serious restrictions - THAT'S ONE OF THE REASONS I MOVED THERE! I like my quiet, I like the way my neighborhood looks, I like that fairly strict regulations are involved and yes, there are some which seem to be crafted by Seinfeld characters.
The real picture remains however that I CHOSE AND CHOOSE TO LIVE HERE! If someone doesn't like a particular HOA association set of rules, then let that person or persons live elsewhere.
Right now, there are too many GOVERNMENT (Federal and State) regulations that are creeping into our lives. When we have choices we are free; when we are given no choice we become slaves. Which would you prefer?
I am encouraging the Senate committee to vote against this bill. At the bare minimum I am requesting they consider re-writing it so that each individual HOA in AZ is required by law to hold an annual vote as to whether the residents of that neighborhood would like the CC&R pertaining to "no parking on streets" be enforced. This would appease Barto's point. Just because of a few over zealous rude HOA's Barto wants to enforce a STATE wide law that applies to even those HOA's that have been very lenient and fair. Most of my neighbors, that I have personally spoken to, like having this CC&R enforced. Because prior it was not enforced and our streets became parking lots and a hazard to the safety of traffic and children. Sometimes you would travel down the street and hope a car was not coming from the other direction, otherwise you could hit each other or one would have to back up for the other to get through. Add to that mix in the same area children playing catch in the street (I don't condone this, but it happened to be the case in our neighborhood). This is Not a SAFE situation. In addition, there has been a loss of a sale of a home due to the continual on street parking surrounding that home. Street parking does in my opinion bring down the look and feel of the neighborhood and thus the appeal to most buyers drops.
I live in an HOA and our board and management company is either unwilling or unable to enforce the rules. Yards are filled with weeds for months and nothing is done. The wood trim has been peeling on some of the homes for years and nothing is done. A neighbor parks a vehicle on the street all day and overnight. Nothing is done. Dead trees and dead plants are left in front yards for years. Nothing is done.
We wanted to live in an HOA so that the property values would be kept up but this isn't happening. Our property is kept up yet we are surrounded by homes that are not being kept up to the HOA standards that we expected.
So I'm torn on this one. My experience is that Nombe is correct that most of these mgt. companies just take your money and then do nothing. On the other hand, one would think, as he stated, that the demographics of OV would result in well-cared for homes so that HOA's are not necessary, yet this is not the case in my neighborhood.
From Zev's comments, it appears that his HOA is working well, however, so apparently it can work well if it's run by the right people.
Is there a government agency that can force an HOA to enforce its own regulations? Because I fail to see the benefits of paying a management fee when there is no management.
VCowgirl- you should go to an HOA meeting and voice your concerns in person. Get active. Another avenue you can take if you live in city limits- call OV police dept 229-4900. I believe OV police dept will issue infractions for weeds in front yard that are excessive and also any car left on street for over 48 consecutive hours.
Again, just because of faulty HOA's, does not mean there should be a blanket law prohibiting the whole state of Arizona's HOA from enforcing CC&R's that most homeowners are expecting and want to be upheld. See Zev's point.
Matt,if you live in a gated community the police have no jurisdiction for those infractions only HOA's.They can't even site speeders unless asked by the HOA to patrol the community.
Matt,
I did voice my concerns both to the management company and the board. The mgt. company told me that they can only enforce rules if they are instructed to do so by the board.
I then asked the board why the rules were not being enforced. I was told that they want a more relaxed atmosphere and that's why they were being lenient.
That's why I asked if any of the bloggers knew where else I could turn.
Piggy backing off of Bill's point,
I have called the police reference vehicles parking on the streets in my neighborhood, the response time was great but I was told by the motorcycle officer that the police had no power to enforce the traffic statutes due to the streets in that neighborhood not having an "intergovernmental agreement" enforcing said statutes. The officer did say that the HOA board could enter into such an agreement allowing enforcement of certain statutes, like speeding, parking and other civil offenses. He did say that criminal statutes are enforced on private property like DUIs and reckless driving.
As for the police eonforcing excessive weeds, unless the weeds are marijuana, the police can do nothing nor should they be able to.
We don't have an HOA that helps us in Rancho Vistoso--what we have is an unfair, capricious dictatorship! Too many people get on HOA Boards for their need to control others or have a sick need as a "control freak". Our management company represents the original developers, NOT the homeowners.
Wouldn't it be nice if a balance could be achieved where homeowners were protected without unfair attack by people employed by those who were elected?
I appreciate the control of architecture, parking, appearance of properties, etc., but I do not appreciate unfairness, secrecy, and a gestapo-like group!
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