|AARP BILL of RIGHTS for HOMEOWNERS in ASSOCIATIONS
A Bill of Rights for Homeowners in Associations:
Basic Principles of Consumer Protection and Sample Model Statute
David A. Kahne, Law Office of David A. Kahne
Homeowner associations are often able to provide amenities (such as parks, pools, and club houses) that would otherwise be difficult to procure from many cash-strapped local governments. By setting architectural standards and maintenance requirements, they may help reassure residents that their investment in the community is protected. Sometimes, however, conflicts arise between residents and association management that are not adequately addressed by state laws, regulations, or the governing documents of an association.
This AARP Public Policy Institute Issue Paper outlines a set of 10 key principles and provides sample statutory language that states can follow when developing laws for homeowners associations and other types of common-interest communities, and that associations themselves can use when developing or modifying their own governing documents. In advocating reasonability as the touchstone for all actions, the principles maintain that homeowners have the right to…
The author is a Texas attorney who has been practicing law for more than 20 years. He has represented homeowners in a variety of cases and actively promoted the rights of homeowners in the Texas State Legislature.
Published August 17, 2006
This Sample Model Statute, published by the AARP -- "A Bill of Rights for Homeowners in Associations" -- covers the basic principles of consumer protection and touches all the issues homeowners' advocates all over the nation have always asked for. The Bill speaks for itself -- just start with the Table of Contents!
And even the fiercest opponents of consumer protection for associations finally have to admit that these problems are not just limited to a "few disgruntled homeowners" or a "few unlucky owners" as quoted by special interest attorneys. Lack of consumer protection for owners is a serious problem all over the nation.
adopted, this Bill will do all the right things necessary to protect the
rights of the owners. During
the last few years we have seen state legislatures trying to use
band-aids to fix the problems. It
didn't work -- as we all could see!
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