HOA rules still dog homeowners
A "nightmare" that began almost two years ago has East Valley resident Rob Zaruba wondering who’s in charge of homeowners associations.

His homeowners association and Gilbert gave him written permission to build a $20,000 detached garage — only to have a neighbor complain that the structure violated association rules.

He called the mayor.

He contacted East Valley legislators. He talked to board members, property managers and attorneys connected to his home owners association.

Earlier this year, a mediator decided the garage did violate home owners association rules, must be removed and Zaruba should be com pensated for his trouble.

Zaruba’s ordeal illus trates the web of confu sion over the power, structure and oversight of homeowners associa- tions, which are mandated by some municipalities, created by developers and ruled by homeowners. There’s no oversight on the local or state level, and it’s often easier to change homeowners association rules by passing a state law rather than what’s needed to revise individual homeowners association covenants, conditions and restrictions.

"There’s confusion of who is in control, absolutely," said Rep. Eddie Farnsworth, RGilbert, who supported a number of homeowners association reform bills during this year’s legislative session. "People call cities and legislators. They aren’t sure what to do once a HOA board says it isn’t going to listen to you or go after you."


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And you also get an exchange of quotes between arch-enemies Pat Haruff and Scott Carpenter, to wit:
"It’s a failed experiment, totally failed," said Pat Haruff, a Mesa homeowner activist.

Not so, says homeowners association attorney Scott Carpenter, a member of the top homeowners association lobbying and education group, Community Associations Institute.

"The existence of use restrictions (in the covenants, conditions and restrictions) is market-driven," he said. "The homebuyer wants them."