Comments on: ALERT! DFBLS not hearing HOA complaints!

By: jason

jason — Mon, 13 Jul 2009 02:21:27 +0000

Mr. Staropoli,

Your articles are excelent, I will to tell you about my case, you have to know how the HOA with help from the judges and other authority abuses their members in York South Carolina. Please let me know how I can get in touch with you.Thank you! “J”

By: Samantha

Samantha — Thu, 09 Oct 2008 00:00:11 +0000

Notwithstanding the judiciousness of Downie’s decision in Troon Village v. Waugaman/DFBLS, what might Arizona’s Solicitor General say about the DFBLS’s decision (based on a Lower Court of Appeals decision) not to accept further petitions re homeowner association contested matters in contravention with A.R.S. § 33-1803(E), “At any time before or after completion of the exchange of information pursuant to this section, the member may petition for a hearing pursuant to section 41-2198.01 if the dispute is within the jurisdiction of the department of fire, building and life safety as prescriber in section 41-2198.01, subsection B?”

By: pvtgov

pvtgov — Wed, 08 Oct 2008 14:20:41 +0000

In fact, it says nothing on its Home page about HOAs, and the viewer must click on Administration to get any info.

If, indeed, Director Barger did not give orders, then who told Emma Robertson to say such things? If she’s misleading the people, she should be fired! In any event, we must demand answers as to why she is making these statements, and what is DFBLS’s position.

See the wrongful attempt, in my view, to raise the filing fee to $2,000 from $500 in February 2007: “Arizona HOA complaint filing fee returns to $550″ at http://pvtgov.wordpress.com/2007/04/06/arizona-hoa-complaint-filing-fee-returns-to-550/

By: J. E. Smith

J. E. Smith — Wed, 08 Oct 2008 03:06:53 +0000

Perhaps the AG has advised the DFBLS that it is going to appeal and seek a stay of the hearings until further resolution. To the best of my knowledge, the DFBLS has not issued any official policy or statement on the issue but only some information provided by a staffer over the phone, so we don’t know that the Director of the DFBLS has actually exceeded his authority, at least not through an official action. Nevertheless, the Director’s legal counsel is the AG’s office. A different section of the AG’s office submitted a brief (the Solicitor General’s section) on the constitutional argument while the DFBLS’s attorney at the AG’s office appeared as a formality only, so I don’t think the DFBLS is “going rogue” and opposing the AG’s position on the matter. Unfortunately, it is just going to take more time to fully and finally resolve the dispute.

By: pvtgov

pvtgov — Wed, 08 Oct 2008 00:51:41 +0000

You have a valid point, but does the Director, being subject to APA statutes, have authority to unilaterally make that decision in violation of the statute?

Also, in the interest of doing justice, the Director could have informed homeowners (100% of the complaints were by homeowners) that it was urging special action appeal by the AG (expedited appeal to resolve the issue), its lawyer, asking what to do?

BTW, the AG’s had filed a brief to the opposite, that the statute was constitutional.

This was not doneby DFBLS, reflecting the arguments in my book, “Establishing the New America of independent HOA principalities.” You can view it at YouTube.com/hoagov.