Saturday, December 18, 2010

Arizona lawmaker proposes barring HOA "auto liens," foreclosures to secure fines

A local homeowners association’s management company is pushing state lawmakers to defeat a legislative bill that would make it impossible to foreclose on a home for non-payment of assessment fines.

The Arizona Association of Community Management (AACM), the HOA political arm of Associated Asset Management (AAM), is lobbying the state Legislature to defeat House Bill 2307, sponsored by Rep. Eddie Farnsworth, R-Gilbert, which is designed to restrict HOAs from foreclosing on a property owner’s home for non-payment of assessment fines using a legal tool called an “auto-lien.”

The auto-lien is a provision in the Covenants, Conditions and Restrictions (CC&Rs under Arizona real estate law. The CC&R is a document that is signed during the closing of sale of a home and states that a homeowner who buys a home in a deed-restricted property must join an HOA. AAM and AACM are also dues-paying members of the Community Association Institute, a national HOA membership organization that oversees the operations of HOAs.
This is an ongoing battle in the Grand Canyon State dating back to at least the mid 1990s involving a familiar legislator (Eddie Farnsworth, who argues the bar on HOAs placing automatic liens for fines protects property rights) longtime HOA member rights advocate Pat Haruff and of course the usual wall of opposition from the private local government lobby. Read the story here.

Sunday, December 12, 2010

Why I haven't been posting for the last few weeks

I am sicker than I have ever been in my life. I've been sick since about November 20. I have pertussis, better known as "whooping cough." And yes, I was vaccinated when I was a kid. But I have learned that these vaccinations wear off, so by the time you are in your teens you need a booster. My shot wore off long ago, I never had a booster, and I was hit so hard that I spent two days in the hospital. I am recovering now but recovery from pertussis takes some time.

If you haven't had a pertussis booster shot, my advice is: run, don't walk, to your local medical center and ask for one. This was once practically eradicated and now it's going around. There are outbreaks in Ohio, Illinois, Texas, and California, and perhaps elsewhere.

Believe me--you do not, repeat DO NOT, want to get pertussis. Just take my word for it.