Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
February 14, 2011
all know it, but here in
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
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!
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
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
AMENDMENTS TO S.B. 1326
to proposed amendment dated: 2/7/11; 12:33 p.m.)
Page 3, between lines 2 and 3, insert:
"Sec. 2. Title 33, chapter 16, article 1, Arizona Revised Statutes,
amended by adding section 33-1801.01, to read:
on new planned communities;
NOTWITHSTANDING ANY PROVISION IN THE COMMUNITY DOCUMENTS, A NEW
COMMUNITY AND A NEW PLANNED COMMUNITY ASSOCIATION MAY NOT BE
UNDER THIS CHAPTER ON OR AFTER THE EFFECTIVE DATE OF THIS
ANY DOCUMENT RECORDED ON OR AFTER THE EFFECTIVE DATE OF THIS
THAT PURPORTS TO ESTABLISH A NEW PLANNED COMMUNITY WITH MANDATORY
ON A HOMEOWNER MEMBER THAT RUN WITH THE LAND IS DEEMED INVALID BY
OWNER OF PROPERTY MAY VOLUNTARILY JOIN OR FORM AN ASSOCIATION
AGREE INDIVIDUALLY TO PAY FOR OR RECEIVE SERVICES BUT ANY AGREEMENT
SERVICES OR PAYMENT MAY NOT BE RECORDED AND, IF RECORDED, SHALL NOT RUN
SECTION DOES NOT APPLY TO PLANNED COMMUNITIES AND PLANNED
ASSOCIATIONS LAWFULLY RECORDED, ESTABLISHED AND IN EXISTENCE BEFORE
EFFECTIVE DATE OF THIS SECTION."
Renumber to conform
title to conform
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.
will one of our
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
Florida's homeowners -- it has to end!