Why is a State Commission of Volunteers to be “Judges” bad for the HOA Homeowners.

• If the Commission is manned by  volunteers, which has been the proposals we have seen so far, not very many homeowners could afford to be on an unpaid Commission like this.  I will likely be a full time job for 5 to 20 people for one State.

• But who could?  It would have to be people who are being paid by some organization like CAI or other organization for the time they spend working in the Commission.  CAI represents the vendors, not the homeowners.  So the commission would be made up of all industry people, who would not be on the homeowners’ side and would not be neutral.

• Thus the “Volunteer Commission Solution creates an instant conflict of interest. The Commission member could potentially lose not only their Commission Position but their base job if they don’t decide in favor of what CAI or the other organization wants them to decide. Therefor the Members of the Commission would need to be employees of the State, and be professional attorneys or investigators not connected to CAI or other HOA industry vendors.  And that then matches what HRLNG describes as a State HOA Office.

• In the proposals for the Commission Solution we have seen:

  • There is no specific procedure like there is in the HRLNG Proposed Legislation #2 at HOAReformLeaders.com

  • There is also a clause that says that if “any party is dissatisfied with the commission's binding judgment must appeal the decision through the appropriate court system; the commission's decision is the final administrative step.”  That matches the HRLNG Proposed Legislation as long as the appeal is against the State and not the homeowner.

  • If the appeal is against the homeowner, then the entire Commission process would be a waste time and money because it accomplished nothing, the homeowner is back in court just like with all the same conditions as now.

The only real solutions are either eliminating HOAs all together or the HRLNG Proposed Legislation #2 at HOAReformLeaders.com