Constitutional Local Governments

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I am a nationmally recognized homeowner rights advocate, and author of "Establishing the New America of independent HOA principalities."

Friday, May 26, 2006

Hold the Developers Accountable for Unconscionable Adhesion CC+Rs

Arizona bill HB2824 will provide for due process protections by means of administrative law hearings (OAH). The bill is stalled by recent amendments that remove an exclsuion regarding developers, which has invoked the ire of the builders who feel that they will lose control of their income stream. Paragraph (B) lists exclusions to OAH adjudication that included (3):

"3. Any dispute that arises during the period of declarant control as defined in sections 33-1250 and 33-1812."

In order to get the bill accepted, we need to convince the powers that be at the legislature, that to reject the bill would be the granting of "special dispensation" to the profiteer developers who are chiefly responsible for the problems. It's the developers who stuff the onerous CC&Rs down our throats that take away our constitutional rights. And now they want absolution from any accountability or restraint. This cannot be tolerated, and Arizona still be called a democracy.

Write the leadership and key legislators that the developers must also be held accountable. If not, then we want tradeoffs with a bill of right put into the CC&Rs. It's that simple! Let the builders come back next year with a bill of rights and we, the homeowners, will decide whether or not its acceptable to us and maybe we will permit their exclusion. But, it must be down next year and not now!

HB2824 must pass this session!