Articles of Interest to Hideaway Lot owners
Mission Statement: To provide a safe, clean community while still maintaining our rural and private lifestyle.
Voting Rules and Parlimentary Procuedure
Community Associations and Their Rules
Community Associations and Parliamentary Procedure
Property Owners Rights and Board Duties
Role of a Property Owner: Would you like basic information on the role of a homeowner in an associationand the role of a homeowner as a volunteer in that association? Check out the FREE "Community Association Living" distributed by the Community Associations Institute located in Salt Lake. Download NOW FREE!HOMEOWNERS MUST DEFEND RIGHTS Americans believe deeply in these individual rights, in the Constitution and laws that protect their rights, and in the importance of these rights to their welfare. Rights need to be tended to and asserted or they will be violated, eroded, or cease to exist. They must be constantly reaffirmed in ceremonies, in daily practice, and when necessary, in the courts.
In community associations, it falls ultimately to homeowners themselves to define and affirm the rights, protect them, and see that they are enforced. Other groups with interests that may diverge from those of unit owners, such as managing agents and professionals in the housing industry, are actively pursuing their particular interests in the operation of RCAs through their professional associations, through lobbying legislators, and through the courts.
While the topic of “Homeowner Rights and Responsibilities” is frequently presented for discussion - in books, articles, and conferences on RCA management and operations, in state laws, in association by-laws, and in board minutes - the focus of attention consistently turns to the obligations of homeowners, and scant attention is given to homeowners' rights.
Democratic Model for Governance of CID/POA The rights of owners/members have been downplayed, but not their obligations to pay for everything, which in fact they do. Perhaps the most important democratic principle is that government derives its power with the consent of the governed. Article 1, Section 2, of the Arizona Constitution states this fundamental principle as
"All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights."
Unfortunately, common interest developments (CIDs) and property owners associations (POAs) are not founded on this fundamental principle.
Lawyer represents the organization and not the official. The fact that the organization is the client may be quite unclear to the organization’s officials and employees. An organization official accustomed to working with the organization’s lawyer may forget that the lawyer represents the organization and not the official. The result of such a misunderstanding can be embarrassing or prejudicial to the individual if, for example, the situation is such that the client-lawyer privilege will not protect the individual’s communications to the lawyer. The lawyer should take reasonable care to prevent such consequences. The measures required depend on the circumstances. In routine legal matters, a lawyer for a large corporation does not have to explain to a corporate official that the corporation is the client.ATTORNEYS SHOULD REPRESENT ENTIRE ASSOCIATION, NOT JUST THE BOARD : When a lawyer is retained by a community association, he or she must represent the entire association.