Take Action – Attorney Predatory Business Practices Toward Association Homeowners

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Arizona Legislation & Homeowners Associations

Will you support House Bill 2648?

HB-2648 related to assessment liens. This bill won the unanimous approval of every legislator from both houses despite the extensive efforts from CAI to kill this bill. This bill is written to stop the predatory collection practices of HOA attorney and could have significant impact on a major revenue stream for those law firms. With the potential side benefit of many of these law firms choosing to shift their practice to chasing ambulances instead of harassing homeowners. CAI is most dangerous when they can focus all their propaganda and misinformation on one or two individuals, and they have pulled out all the stops to do that with the Governor. This link is to the CAI Legislative Action Committee’s call to action on this bill. CAI Propaganda Call to action.  The story line in this communication is absolutely untrue and meant to protect the financial interest of the lawyers and not the community in any way. I’ve already contacted the Governor and requested a face-to-face meeting with the Governor and/or her staff to discuss this bill and the three others that will be on her desk next week. The Governor has 5 days to either sign or veto this bill, so time is of the essence. 

WHAT YOU CAN DO AS A HOMEOWNER OF AN ASSOCIATION:

 
Immediate Action Required
  • Please write the Governor at either engage@az.gov or by using the form Here from the Governor’s web site, asking her to support and sign HB-2648. You could also use both if you like. I’ve included below what I’ve already written her on this bill. Feel free to use any of this in your notes.

Make a Difference Simply by Copying and Pasting the Following Message to Our Governor:

            “Please sign HB-2648 sent to your office on 4/4/2024 with the unanimous approval of both chambers of the Legislature. This Bill protects homeowners from the predatory collection practices of HOA attorneys that run up greater than 10 times the collection cost over the actual delinquency. Despite misinformation being spread by one organization CAI, this bill ensures that all cost incurred or applied by the association in the collection of the common expense assessment debt is assigned to the delinquent homeowner alone. The reasonableness of collection cost is controlled by the association based on their fiduciary duty to the community and the reasonableness of litigation cost is determined by the presiding court, as is the case for all issues arising out of contract.
             This bill also seeks to provide greater distinction between the two types of liens that the association can apply to any unit or property, one that is foreclosable and one that is not as already established in existing law.
            This is good legislation that protects the rights of the Associations to collect the assessment due them and protects homeowners by ensuring that any money paid by that homeowner is applied first to the actual assessment due irrespective as to who is collecting the debt.”

 
 
 
 

Information provided by DENNIS LEGERE, Arizona Homeowners Coalition.

Voice for homeowner rights and justice.

 

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Last modified: April 5, 2024