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September 18, 2007
Arizona legislature - more liability for HOA's
The Arizona legislature, which last year won my award for the most stupid law proposed, continues on it's merry way. I guess a few association's out there have banned kids from playing in the street and so, the legislature decided that no HOA could prohibit kids from running in front of cars. Oh, and the parents can put out signs, only if they're professionally made, that say "children playing". We all know how drivers talking on the cell phones pay attention to signs - right.
Now, as a kid, I played in the streets. Withour tiny homes and lots, that's the only space we had. So, philosophically, I'm not opposed to kids playing in the streets. I suppose a few of them will get run over and killed, or just seriously hurt, but that's the price you pay for not enforcing speed limits on residential streets and for not building a few more neighborhood parks, (although with what goes on in the parks these days, I'm not sure parents would let their kids go there unattended anyway).
So what's my problem - simple - liability. Cities and counties routinely exempt themselves from any liability for accidents, like running a kid over, on their streets. In an association, however, the streets are often private, with the association bearing responsibility for their maintenance and upkeep, and usually the liability that goes along with it.
So what the Arizona legislature has essentially told the HOA's in their state is that we're going to increase your liability (and insurance premiums) and not give you the same protections we give to others who are responsible for streets. How thoughtful of them.
Let's see - through the actions of the citizens and governements, almost nothing but HOA's are be build. Have a real poor state law, establishing no standards and guidelines, then, after people have moved in, change all the rules, because a somebody didn't bother to read their documents, or some board was mean to them. And they want associations to act MORE like governments - give me a break.
Posted by joewest at September 18, 2007 9:50 AM