HOAs… love’em or hate‘em they are here to stay. We and our clients must interact with them.
While many HOAs function well, there are some that over step, demanding owners give up property rights and residents give up privacy rights. Living in a HOA shouldn’t mean you give up your ownership rights nor your children’s privacy rights.
Imagine neither you nor your client, the homeowner, being allowed to place a “For Sale” or “For Lease” sign in the front yard unless you pay for, and use the HOA provided sign. Or being asked to provide personal information, including children’s social security numbers, to the HOA. Or how about being told the HOA must review and approve tenants and the lease before property owners can lease their property.
Perhaps you and your clients have experienced these and other instances of HOA’s intruding on personal property rights.
Over the years WeMAR and AAR have worked to represent you, your clients and all Arizona property owners’ private property rights and right to private contract.
Now, HOA’s cannot mandate the “For Sale” sign or “For Lease” sign a real estate agent or owner uses. HOA’s cannot demand children’s social security numbers or copies of the lease. They are limited in the fees they may charge for document disclosure. And HOA’s cannot prohibit an owner leasing his property unless that prohibition is in the HOA governing documents.
HOA bills come before the State Legislature every session. Increasingly those bills strive to solidify personal property rights.