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ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration

Property Rights Denied!
Protecting HOA Members' Rights is NOT The #1 Priority
of Managed Communities
The High Price of Managed Living, Books and Records Hidden
gives appearances of impropriety
Editorial Feature: Part One - Are Homeowners' Rights a Myth? 

Part Two: HOA Bureaucrats Overstep Their Authority

Arizona Proposition 201 Homeownrs' Bill of Rights
Thursday, 30 October 2008


Proposition 201 -- Homeowners’ Bill of Rights – Citizens’ Initiative

What is the measure?
The Homeowners’ Bill of Rights initiative would provide a variety of legal remedies and rights to purchasers of new homes including a ten-year warranty on new home workmanship and materials; giving homeowners the right to demand compensation or correction of construction defects; removing the threat of homeowners being charged for builders’ attorneys’ fees if they lose a court action; requiring that all features and equipment shown in model homes be included as standard in purchased homes; and protecting buyers from deceptive mortgage practices. The measure also gives homebuyers additional rights, such as the right to choose among three contractors with complaint -free records to fix any repairs that might be needed in the home. Currently, the builder chooses who makes the repairs for the home. This measure extends the statute of limitations for bringing a court action from eight years to ten.

The creators of this initiative claim that current law favors builders and lenders at the expense of homebuyers, leaving buyers susceptible to shoddy workmanship and deceptive sales practices.

This measure could increase homebuyers’ confidence in the quality of their homes by providing them with additional legal remedies and protections. It may result in an increase in the price of new homes because builders may choose to invest more in making sure each home is fully compliant with the warranty before being sold.

Supporters of the initiative include the following in their arguments:
1. New home buyers should have a reasonable expectation that the construction on their home is sound and the house is safe for their families. This proposition will protect homebuyers from the worst actors in the home building industry and hold the builders accountable for the quality of their work. Builders that produce well made homes will not be affected.

2. This measure has become necessary because too many contractors emphasize profitability over quality, cutting corners to reduce construction costs and increase profits. As a result, vast tracts of homes suffer from construction defects caused by substandard construction practices. Buyers of defective homes are left with the grim reality of pursuing a potentially cost prohibitive lawsuit in which the deck is stacked against them, or facing substantial repair costs and unreasonable maintenance burdens on new homes. People buy new homes because they don’t want to worry about coming up with the cash for costly repairs. Builders should be held accountable for the quality of their construction.

3. This will greatly discourage deceptive sales practices. Currently, the state’s laws are entirely "pro-homebuilder." This law would shift the state toward being "pro-home-buyer.”

Those who oppose the initiative include the following in their arguments:
1. This proposed “litigation only” solution to problem solving does nothing more than line the pockets of attorneys and delay homeowners from getting problems addressed.

2. This proposition will prevent homebuilders from working with their customers to resolve problems. Instead of using alternative dispute processes such as arbitration, every disgruntled homeowner will file a lawsuit.

3. This proposition will harm our economy and new home buyers by increasing the cost of housing. The current problems with housing affordability in Arizona will drastically increase.

 The Sheet Metal Workers’ International Assn. - $349K
Sheet Metal Workers Local 359 Youth to Youth Fund $10K
 United Assoc. Plumbers and Pipefitters Local 469 - $5K
Coalition for Better Construction
Arizona Alliance for Retired Americans
Interfaith Worker Justice of Arizona
 Air Conditioning Excellence Coalition
 Arizona Advocacy Network                     

 Home Builders Assn. of Central Arizona - $85K
 Meritage Homes - $49K
 Standard Pacific Homes - $37K
 Toll Brothers Inc. $15K
 Southern Arizona Issues Fund PAC $13.5K
 WESTMARC (Western Maricopa Coalition)
 State Senator Barbara Leff
 Southern Arizona Home Builders Association
 Professional Fire Fighters of Arizona

 Chamber of Commerce       

Relevant Websites:











The Sheet Metal Workers’ International Assn. - $349K







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