Sunday, January 04, 2009

Legislature expected to get several HOA-related bills

Arizona Legislature expected to get several HOA-related bills
No kidding. That's like saying, "Sun expected to rise tomorrow morning." Why so many single-issue bills every year, instead of the big, complex ones you see in Florida, Arizona, New Jersey, etc.? Pat Haruff tells me it is because the AZ legislators are part-timers, and this piecemeal approach is typical of the way things are done there. I wonder if that is a good or bad thing. I can see arguments for and against it.

1 comment:

Anonymous said...

The problem with the omnibus type bills is that pro-HOA vendor lobbyists tend to get very anti-homeowner legislation as part of any pro-homeowner legislation. The bad stuff is usually so bad that the bill simply cannot be accepted. One example, is that CAI is continually trying to extend the statute of limitations for "debt" from 4 years to 10 years (in Texas) as part of any bill that prohibits the "priority of payment" scam that CAI members use to extort money from homeowners. The scam essentially enables the HOA attorney and management company to divert the homeowners assessments and apply them to management company and HOA attorney fees against the homeowner's will and instructions. CAI vendors are really the bottom of the barrel in terms of the debt collector business. So they would like to open up an entire new territory by alleging "debt" and forcing homeowners to prove up that they made payments up to 10 years in the past. See Texas SB 240 introduced in the 81st legislature.
In short, this technique is used to make the bill so undesirable that it won't fly. That's the problem with the omnibus approach.