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May 13, 2007
Arizona Legislature Continues to Set New Standards in Stupidity
In 2005, I gave the Arizona State Legislature an award for the "Stupid Amendment of the Year". But, as is often the case with government, they are continually trying to outdo themselves. The latest legislation guarantees that deadbeats will be able to walk out on their debts with no worries about anyone being able to collect. The laws remove foreclosure as the collection remedy of last choice, and what is even dumber, remove the ability of the association to collect on a lien at the time of sale, unless the seller nets more than $150,000 on their home. They call this the "Homestead Exemption" and it's already available to single famly homeowners that don't live in associations. So the argument went that it should also be available for those living in associations. Sounds fair, except for the fact that owners that don't live in an association don't have assessments, and owner who live in associations contracted and agreed to pay those assessments, and now the legislature is determined to relieve them of that promise and contract.
While they were at it, the AZ legislature also decided to allow cable and phone repair trucks to be parked in associations that had documents prohibiting the parking of commercial vehicles; allowed "For Sale" signs; allowed solar panels over any HOA prohibitions; required courts to award costs and attorney fees to any owner who sues the board and wins; removes any restriction or rule prohibiting children from playing on the private streets of the association; allows any signage, previously approved by a government entity, to be placed by an owner on their property; and removes the authority of an HOA or condo to regulate speeds or any other actions on roads, in their community, that have been dedicated to the local government.
Arizona has decided that the entities that they forced into creation, through the resrictions on the local government's ability to raise revenue, shall now die the "death of 1,000 cuts". Rather than deal with the issues as a whole, they are going to annually reduce the association's ability to self-govern and self-maintain, until they find themselves governing them through court-appointed receivers. By caving in to the ranters, who point to examples and hold up pictures, rather than state facts, the legislature is doing to another governing body, things they would never accept for themselves, continually reduce their ability to govern.
Posted by joewest at May 13, 2007 12:36 PM