Homeowner associations, also known as common interest communities, are corporations created by real estate developers for marketing, managing, and selling of homes and property in a residential area. Membership in the homeowners association by a residential buyer is basically mandatory and a condition of purchase.
State regulation of HOAs is usually minimal and some say these associations have overly restrictive statutes concerning how homeowners are allowed to use their property.
Steve Xavier is an outspoken critic of HOAs and he’s trying to do something about it in Colorado. Xavier is mounting a statewide campaign for a citizen-initiated ballot to bring further regulation to homeowners associations.
“We are simply trying to level the playing field and give homeowners a few more options against abusive HOAs,” he said. “The HOAs are big, they are organized and they have lobby groups with money that want to see them stay in power. This proposed legislation will restrict their control and protect the rights of homeowners.”
In order to bring this issue to a state ballot, a petition with at least 100,000 signatures is required. The major points on the petition include:
- No restrictions for homeowners who park non-commercial passenger vehicles on public streets.
- No HOA approval required for minor modifications to homes.
- HOAs will be required to obtain approval to foreclose on homeowners through the judicial process.
- HOAs will need a majority vote of homeowners before any modifications can be made to the community’s Codes, Covenants and Restrictions.
While the fee to file a citizen-initiated ballot is minimal, the odds of obtaining the required number of signatures are small unless education about the issues is widespread. Toward that end, Xavier is planning to hire circulators who will talk to constituents and distribute outreach materials throughout the state.
In addition to paying for the circulators, there are other expenses, such as licensing fees and petition-fraud classes (mandated by Colorado). Xavier estimates the cost to be $345,000.
In order to generate this funding, he has launched an Indiegogo campaign, which can be viewed at www.indiegogo.com/projects/hoa-wars
Donations of any amount are welcome. Xavier is hoping that people in Colorado (and around the country) will learn about HOA abuses and support the cause.
The full text of the petition can be seen at www.myhousemyrules2014.tumblr.com
“We intend to host community meetings in densely-populated areas of the state to make residents aware that if they want and need change and they believe in what we’re doing then all they have to do is a sign the petition and then vote,” he said.
Xavier can be reached directly at firstname.lastname@example.org
Company Name: HOA Wars
Contact Person: Steve Xavier
City: Los Angeles
Country: United States