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Arizona citizens attempt to address legislative powers of HOAs

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According to the Scottsdale Independent, Arizona citizens gather once a month in an attempt to discuss the legal powers and lack of oversight and regulation of homeowners associations throughout the Phoenix metropolitan area.

The Arizona Homestead Exemption protects up to $150,000 of an individual’s equity. However, the Arizona Legislature suspended that protection in the mid-1990s.

In addition to this measure, citizens wish to explore new regulations that may include stronger disclosure requirements for vendor gifts provided to community management groups.

Arizona Senator David Farnsworth stated that this group tried to create change last summer, but to no avail. The failed attempts, however, won’t soften their resolve.

“I realize in our society, we have to find that balance as there are rights on both sides,” Farnsworth said. “I feel like I need to be an advocate for property rights. All our laws that have evolved over the years, they are all controls, from my point of view, erodes our property rights and restricts what we can do with our properties.”

Paradise Valley Vice Mayor David Sherf believes that the HOA management team is “very helpful regarding legal or administrative matters that we deal with.”

“In our HOA, the board truly is the representative for our homeowners and makes the important decisions,” Vice Mayor Sherf explained. “If we felt the management company was not properly representing us, we could terminate them. We looked at other management companies two years ago just to see what other companies offered, and unanimously decided to stay with the current company.”

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