Homeowners associations reined in under new law.
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Homeowners soon will have a cheaper, quicker way to take on their homeowners associations. A new state law that takes effect Sept. 21 lets homeowners have their disputes heard before an administrative law judge rather than resorting to more expensive and time-consuming litigation in Superior Court. But it can’t address the two aspects of human nature responsible for most such disputes — apathy and a failure to communicate — said local attorney Carolyn Goldschmidt, who hosts a local talk-radio show on homeowners associations. And it can’t nullify a covenant, code or restriction, or CC&R — no matter how strange or silly — if it’s part of the contract you signed when you bought your home, said Scottsdale-based homeowner advocate George Staropoli. The only way to do that is by building enough consensus among fellow homeowners to amend your association’s rules. Often, homeowners can take one simple step to prevent a minor dispute from ramping up into a court battle, said Goldschmidt, who has two decades of experience in HOA litigation. “People need to come outside of their doors and get things changed,” she said. “Most of the disputes are started by people who don’t know or don’t like their neighbors, and use their association or an attorney to solve a problem instead of just trying to talk to their neighbors about it.” Many homeowners fail to realize that the law requires HOA boards and management companies to adhere to… More : accessmylibrary.com |