Abstract:
The author, a veteran homeowner rights activist, makes his case against state government protection of homeowner associations. He documents, using his appearances before the Arizona Legislature, state legislative hostility toward upholding the civil liberties of homeowners with their broad, misguided interpretation of “private contract” prohibitions, and the use of statutes that favor the HOA; he provides numerous supporting materials from US Supreme Court, federal appellate and state court decisions; he provides research and publications by political scientists going back to 1992; and he even provides, in support of the advocates, the publications of the national trade organization that lobbies state legislatures against returning homeowner associations to the American system of government.