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An
Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc. Published
February 14, 2011
We
all know it, but here in
Florida
our legislators are plainly unwilling to admit it: The COMMUNITY ASSOCIATION
SYSTEM is a total failure. Everybody with even a little common sense has to
admit that this system totally fails the homeowners. Especially the bad economy
and the total collapse of the real estate market were the final proof needed to
show that this system caused nothing but havoc in our housing market. The many
ruins, empty homes that can never be used again, roads leading to nowhere --
built by now bankrupt developers -- are a sign that the failure is even worse
than anticipated.
Now
we are facing the foreclosure disaster, but in a short while Florida will have
to add another problem to the long list of disasters that are plaguing our
state: The many empty homes and condos all over Florida that are in disrepair
caused by mold, vandalism and deliberate destruction. Who will pay for all
these ruins that will turn into health hazards for the neighborhood?
Air photographs from more or less abandoned communities already are painting a
horrible picture. All Courtesy of the Homeowners' Association System!
This
system pits neighbors against neighbors.
It makes homeowners pay for services for the neighbors who stopped
paying. It forces
owners to pay for the maintenance of properties that are collateral of banks
and/or mortgage companies, the same entities that caused the whole financial
misery by their irresponsible lending practices. Is that a system we want to
continue?
Influential
Arizona State Senator Andy Biggs (R), a retired attorney, finally did what was
long overdue: He filed a lengthy HOA bill and added this provision into his
bill:
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SENATE
AMENDMENTS TO S.B. 1326
(Reference
to proposed amendment dated: 2/7/11; 12:33 p.m.)
1
Page 3, between lines 2 and 3, insert:
2
"Sec. 2. Title 33, chapter 16, article 1, Arizona Revised Statutes,
is
3
amended by adding section 33-1801.01, to read:
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33-1801.01.
Prohibition
on new planned communities;
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associations
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A.
NOTWITHSTANDING ANY PROVISION IN THE COMMUNITY DOCUMENTS, A NEW
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PLANNED
COMMUNITY AND A NEW PLANNED COMMUNITY ASSOCIATION MAY NOT BE
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ESTABLISHED
UNDER THIS CHAPTER ON OR AFTER THE EFFECTIVE DATE OF THIS
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SECTION.
ANY DOCUMENT RECORDED ON OR AFTER THE EFFECTIVE DATE OF THIS
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SECTION
THAT PURPORTS TO ESTABLISH A NEW PLANNED COMMUNITY WITH MANDATORY
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OBLIGATIONS
ON A HOMEOWNER MEMBER THAT RUN WITH THE LAND IS DEEMED INVALID BY
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OPERATION
OF LAW.
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B. AN
OWNER OF PROPERTY MAY VOLUNTARILY JOIN OR FORM AN ASSOCIATION
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AND MAY
AGREE INDIVIDUALLY TO PAY FOR OR RECEIVE SERVICES BUT ANY AGREEMENT
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FOR
SERVICES OR PAYMENT MAY NOT BE RECORDED AND, IF RECORDED, SHALL NOT RUN
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WITH THE
LAND.
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C. THIS
SECTION DOES NOT APPLY TO PLANNED COMMUNITIES AND PLANNED
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COMMUNITY
ASSOCIATIONS LAWFULLY RECORDED, ESTABLISHED AND IN EXISTENCE BEFORE
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THE
EFFECTIVE DATE OF THIS SECTION."
20
Renumber to conform
21 Amend
title to conform |
This
is definitely the first step to stop this un-American system from spreading any
further. The system created enough damage and the only ones profiting from this
system were developers and service providers.
When
will one of our
Florida
legislators finally do the right thing and take the first step to stop this NONSENSE
called COMMUNITY ASSOCIATION? This ill-advised system has created enough
damage to
Florida's homeowners -- it has to end!
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