What HOA's should learn from Utah HB116 and HB 497
"I love my HOA", are not words many people are saying about their Home Owners Associations. This is unfortunate. Japan loves their Home Owners Associations, the association members are their neighbors. The Japanese know their neighbors; they watch after their neighbors, they take care of their neighbors. They even party with their neighbors (see Japanese Summer Matsuri).
I lived in Japan for 2 years. My favorite neighbor story in Japan was meeting a new friend who took me to his home. A week later I went to visit my new friend at his home, but his home was not there. I found my friend at a neighbor's home. His home had burned down from a kerosene heater fire. His neighbors cleaned the burned home mess and shared their homes with the victims. 30 days later my friend was back in a newly constructed home with minimal but adequate furnishings. The construction labor and furnishings all provided by his neighbors.
The results of having a healthy HOAs or Community Associations are far deeper than having a comfortable, secure and friendly place to live. It goes back to the principles values and ideas that the founding fathers of this nation had. Freedom takes action and responsibility, but the reward is Freedom itself. Community Associations are not a fad, they are the present and the future.
James Wilson was one of six men to sign both the Declaration of Independence and the Constitution of the United States. "When Wilson combined his moral epistemology with his optimistic view of human nature, he came to the conclusion that majority rule is the best way to make human laws that are compatible with natural law. Consequently, he embraced popular sovereignty and argued that all legitimate governments must be based directly on the will of the people."
Community associations use rules to govern their HOA's.Final authority to adopt and enforce rules usually rests with a board of directors. The following standards should be followed when developing or reviewing HOA rules:
- Rules must not violate constitutional rights.
- Rules must meet federal, state, and local statutes and the community's governing documents.
- Rules must relate to the operation/purpose of the community.
- Rules must be just, sensible, and not excessive.
- Rules must be fair.
- Rules must be capable of uniform enforcement with no selectivity.
- Rules must be necessary.
Finally rules of a HOA must be open to debate. That is what we must learn from Utah's HB 497 and HB 116.
As posted on April 3, 2011 by Right View Mirror; "Unlike HB497 (Sandstrom – Utah Illegal Immigration Enforcement Act), HB116 was not passed with sufficient transparency and time for the legislators and the public to adequately consider all aspects and unintended consequences of the bill."…
"HB70/HB497 was discussed in depth over a period of ten months with individuals from Logan to St. George. In contrast, HB116 passed through the House late Friday evening without most of the legislators even having time to read the bill (as indicated by a show of hands) – let alone consider its ramifications. More time and transparency is needed to analyze all aspects of this legislation."
Lack of debate and secrecy causes discord in any community, but especially in a Home Owners Association. True leadership in a community requires and encourages debate and transparency.
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