Be it enacted by
the People of the State of Arizona:
Section 1. Title
This act may be cited
as the "Homeowners' Bill of Rights."
Section
2. Purpose and intent
The
People of the State of Arizona hereby make the following findings and
declare their purpose in enacting this Act is as follows:
Arizona's expanding
population needs housing. This should be good housing, using careful
design and high-quality construction materials and techniques. We want
our houses to look good and last for generations to come. Arizona cannot
afford to have vast tracts of poorly-made houses that become "insta-slums".
Good houses, on the other hand, keep their value economically and help
prevent neighborhood decay.
Arizona homeowners
are also entitled to be protected from sharp home sales practices. There
are too many instances of homeowners being pushed into houses and mortgages
that they cannot afford, with disastrous consequences that are now well
known. They have also been victimized by bait-and-switch tactics, deceptive
model homes, hidden charges and finance and insurance schemes riddled
with conflicts of interest.
Current law is inadequate
to deal with these problems. In fact, the Legislature has enacted laws
that served to unduly protect home builders at the expense of home owners.
It has become very difficult for homeowners to take effective legal action
to correct even the most blatant design and construction defects.
This Homeowners'
Bill of Rights is a law by homeowners for homeowners. It will give homeowners
the ability to get defective homes fixed, to have their homes when built
match what they were led to expect and to better understand financing
and insurance schemes that are offered to them.
Section 3. Title
12, Chapter 8, Article 14, Arizona Revised Statutes, is amended by striking
certain portions thereof (indicated by strikethroughs) and adding certain
other portions (indicated by underlining) to read:
Article 14
Purchaser
Dwelling Actions
HOMEOWNERS' BILL OF RIGHTS
12-1361. Definitions
In this article,
unless the context otherwise requires:
1. "Association" means
either of the following:
(a) The unit owners'
association organized under section 33-1241.
(b) A nonprofit corporation
or unincorporated association of owners created pursuant to a declaration
to own and operate portions of a planned community and which has the
power under the declaration to assess association members to pay the
costs and expenses incurred in the performance of the association's obligations
under the declaration.
2. "Community
documents" means the declaration, bylaws, articles of incorporation,
if any, and rules, if any.
3. "Dwelling" means
a single or multifamily unit designed for residential use and common
areas and improvements that are owned or maintained by an association
or by members of an association. A dwelling includes the systems, other
components and improvements that are part of a single or multifamily
unit at the time of construction.
4. "Dwelling
action" means any action brought by a purchaser against the seller
of a dwelling arising out of or related to the design, construction,
condition or sale of the dwelling.
5. "Multiunit
dwelling action" means a dwelling action brought by an association
or by or on behalf of the owners of five or more individual dwelling
units.
6. "Purchaser" means
any person or entity who files a dwelling action WHO PURCHASES A DWELLING. FOR THE PURPOSES OF THE SECTION OF THIS ARTICLE PROVIDING FOR DISCLOSURES TO PROSPECTIVE BUYERS OF DWELLINGS, "PURCHASER" ALSO INCLUDES SUCH PROSPECTIVE BUYERS.
7. "Seller" means
any person, firm, partnership, corporation, association or other organization
that is engaged in the business of designing, constructing or selling
dwellings, including a person, firm, partnership, corporation, association
or organization licensed pursuant to title 32, chapter 20.
12-1362.
Dwelling
action; jurisdictional prerequisite; insurance
A. Except with respect
to claims for alleged defects involving an immediate threat to the life
or safety of persons occupying or visiting the dwelling, a purchaser
must first comply with this article before filing a dwelling action.
B. If a seller presents
a notice received pursuant to section 12-1363 to an insurer that has
issued an insurance policy to the seller that covers the seller's liability
arising out of the design, construction or sale of the property that
is the subject of the notice, the insurer must treat the notice as a
notice of a claim subject to the terms and conditions of the policy of
insurance. An insurer is obliged to work cooperatively and in good faith
with the insured seller within the timeframes specified in this article
to effectuate the purpose of this article. Nothing in this subsection
otherwise affects the coverage available under the policy of insurance
or creates a cause of action against an insurer whose actions were reasonable
under the circumstances, notwithstanding its inability to comply with
the timeframes specified in section 12-1363.
12-1363.
Notice
and opportunity to repair
A. At least ninety SIXTY
days before filing a dwelling action, the purchaser shall give written
notice by certified mail, return receipt requested, to the seller specifying
in reasonable detail the basis of the dwelling action. The notice in
a multiunit dwelling action involving alleged defects that are substantially
similar in multiple residential units may comply with this section by
providing a reasonably detailed description of the alleged defects in
a fair and representative sample of the affected residential units. For
the purposes of this subsection, "reasonable detail"
includes
a detailed and itemized list that describes each alleged defect and the
location that each alleged defect has been observed by the purchaser
in each dwelling that is the subject of the notice
MEANS A DESCRIPTION IN ORDINARY, NON-TECHNICAL LANGUAGE THAT PUTS THE SELLER ON NOTICE OF THE TYPES OF DEFECTS A HOMEOWNER OF AVERAGE EXPERIENCE WOULD BE EXPECTED TO OBSERVE. ANY PARTICULAR DEFECT THAT IS REASONABLY ENCOMPASSED IN THE HOMEOWNER'S DESCRIPTION OR THAT IS OR SHOULD HAVE BEEN FOUND BY A SELLER DURING AN INSPECTION OF THE ALLEGED DEFECTS USING DUE DILIGENCE SHALL BE DEEMED INCLUDED WITHIN THE PURCHASER'S NOTICE TO THE SELLER.
B. After receipt
of the notice described in subsection A of this section, the seller may
SHALL CONDUCT A DILIGENT inspectION OF the dwelling to determine the nature
and cause of the alleged defects and the nature and extent of any repairs
or replacements necessary to remedy the alleged defects. The purchaser
shall ensure that the dwelling is made available for inspection no later
than ten days after the purchaser receives the seller's request for an
inspection. The seller shall provide reasonable notice to the purchaser
before conducting the inspection. The inspection shall be conducted at
a reasonable time. The seller may use reasonable measures, including
testing, to determine the nature and cause of the alleged defects and
the nature and extent of any repairs or replacements necessary to remedy
the alleged defects. If the seller conducts testing pursuant to this
subsection, the seller shall restore the dwelling to its condition before
the testing.
C. Within sixty THIRTY
days after receipt of the notice described in subsection A of this section,
the seller shall send to the purchaser a good faith written response
to the purchaser's notice by certified mail, return receipt requested.
The response may include an offer to repair or replace any alleged defects,
to have the alleged defects repaired or replaced at the seller's expense
or to provide monetary compensation to the purchaser. The offer shall
describe in reasonable detail all repairs or replacements that the seller
is offering to make or provide to the dwelling and a reasonable estimate
of the date by which the repairs or replacements will be made or monetary
compensation will be provided. THE OFFER MUST INCLUDE AN OFFER TO REPAIR OR REPLACE ANY ALLEGED DEFECTS AND IF COMPENSATION TO THE PURCHASER IS OFFERED, THE PURCHASER MUST BE GIVEN THE SOLE POWER TO ELECT COMPENSATION INSTEAD OF REPAIR OR REPLACEMENT. ANY AND ALL REPAIRS MUST BE MADE BY A CONTRACTOR LICENSED BY THE STATE WITH NO RECORD OF AN ORDER BY THE REGISTRAR OF CONTRACTORS AGAINST IT WITHIN THE 10 YEARS PRECEDING THE SELLER'S OFFER. THE SELLER SHALL INCLUDE IN ITS OFFER OF REPAIR OR REPLACEMENT A CHOICE OF AT LEAST THREE CONTRACTORS FOR EACH CONTRACT OR SUBCONTRACT FOR THE WORK TO BE DONE, FROM WHICH THE PURCHASER MAY CHOOSE A CONTRACTOR.
D. If the seller
does not provide a written response to the purchaser's notice within sixty THIRTY
days, the purchaser may file a dwelling action without waiting for the
expiration of ninety SIXTY days as required
by subsection A of this section.
E. Within twenty
days after receipt of the seller's offer made pursuant to subsection
C of this section, the purchaser shall provide a good faith written response.
A purchaser who accepts the seller's offer made pursuant to subsection
C of this section shall do so in writing by certified mail, return receipt
requested. A purchaser who rejects the seller's offer made pursuant to
subsection C of this section shall respond to the seller in writing by
certified mail, return receipt requested.
If the
seller provides a specific factual basis for the offer,
THE response
shall include
the specific factual basis for the
purchaser's rejection of the seller's offer and
the purchaser's
counteroffer, if any. Within ten days after receipt of the purchaser's
response, the seller may make a best and final offer THAT CONFORMS TO THE REQUIREMENTS IN SUBSECTION C to the purchaser in writing by certified
mail, return receipt requested.
F. The following
are not admissible in any dwelling action:
1. A purchaser's
good faith notice given to the seller pursuant to subsection A of this
section.
2. A seller's good
faith response or offer made pursuant to subsection C of this section.
3. A purchaser's
good faith response made to a seller's offer pursuant to subsection E
of this section.
4. A purchaser's
good faith counteroffer to a seller's offer made pursuant to subsection
E of this section.
5. A seller's good
faith best and final offer made pursuant to subsection E of this section.
G. A purchaser may
amend the notice provided pursuant to subsection A of this section to
include alleged defects identified in good faith after submission of
the original notice during the ninety day notice period. The seller shall
have a reasonable period of time to conduct an inspection, if requested,
and thereafter the parties shall comply with the requirements of subsections
B, C and E of this section for the additional alleged defects identified
in reasonable detail in the notice.
H. A purchaser's
written notice made pursuant to subsection A of this section or an amended
notice made pursuant to subsection G of this section tolls the applicable
statute of limitations, including section 12-552, until FOR
ninety days after the seller receives the notice or for a reasonable
period agreed to in writing by the purchaser and seller.
I. Subject to Arizona
rules of court, during the pendency of a dwelling action the purchaser
may supplement the list of alleged defects to include additional alleged
defects identified in good faith after filing of the original dwelling
action that have been identified in reasonable detail as required by
this section. The court shall provide the seller a reasonable amount
of time to inspect the dwelling to determine the nature and cause of
the additional alleged defects and the nature and extent of any repairs
or replacements necessary to remedy the additional alleged defects. The
parties shall comply with the requirements of subsections B, C and E
of this section for the additional alleged defects identified in reasonable
detail in the notice.
J. The service of
an amended notice identifying in reasonable detail the alleged defects
during the pendency of a dwelling action shall relate back to the original
notice of alleged defects for the purpose of tolling applicable statutes
of limitations, including section 12-552.
K. By written agreement
of the seller and purchaser, the time periods provided in this section
may be extended.
L. For the sale of
a dwelling that occurs within the statutory period set forth in section
12-552, the escrow agent, as defined in section 6-801, shall provide
notice to the purchaser of the provisions of this section and sections
12-1361 and 12-1362. Nothing in this subsection creates a fiduciary duty
or provides any person or entity with a private right or cause of action
or administrative action.
12-1364.
Dwelling
action; relief available; attorney fees, costs and expert witness fees
IN ANY CONTESTED DWELLING ACTION, THE COURT MAY AWARD THE PURCHASER ANY OR ALL OF THE FOLLOWING RELIEF:
(a) THE PURCHASER'S OUT-OF-POCKET COSTS TO REPAIR OR REPLACE DEFECTS IN THE DWELLING;
(b) DAMAGES FOR ANY LOSS OF VALUE IN THE SALE OF A DWELLING CAUSED BY UNREPAIRED OR UNREPLACED DEFECTS IN THE DWELLING;
(c) INJUNCTIVE OR OTHER EQUITABLE RELIEF TO RESTRAIN ANY VIOLATION OF THIS ARTICLE OR TO RESTORE TO THE PURCHASER THE CONDITIONS PROMISED BY THE SELLER;
(d) CONSEQUENTIAL DAMAGES, INCLUDING COSTS OF RELOCATION IF DEFECTS MAKE A DWELLING UNINHABITABLE, REASONABLY-DOCUMENTED TIME MISSED FROM WORK DUE TO DEALING WITH DEFECTS, AND OTHER DAMAGES THAT WERE REASONABLY FORESEEABLE; AND
(e) COMPENSATORY DAMAGES FOR UNREASONABLE FAILURE OF SELLER TO REPAIR OR COMPENSATE.
In any contested
dwelling action, IF THE PURCHASER IS AWARDED ANY RELIEF, the court shall
award the successful party PURCHASER reasonable
attorney fees, reasonable expert witness fees and taxable costs.
If
the seller's offer, including any best and final offer, is rejected and
the judgment finally obtained is less than or less favorable to the purchaser
than the offer or best and final offer, the seller is deemed to be the
successful party from the date of the offer or best and final offer.
If the judgment finally obtained is more favorable to the purchaser than
the seller's offer or best and final offer, the purchaser is deemed to
be the successful party from the date of the offer or best and final
offer.
NO CONTRACT FOR THE PURCHASE OF A DWELLING MAY REQUIRE THE PURCHASER TO PAY THE ATTORNEY OR EXPERT FEES OF THE SELLER UNDER ANY CIRCUMSTANCES.
This section shall not be construed
as altering, prohibiting or restricting present or future contracts or
statutes that may provide for attorney fees.
12-1365.
Notification;
right to file a complaint with the registrar of contractors
A. A written contract
for the sale of a newly constructed dwelling between a buyer of a newly
constructed dwelling and the seller responsible for the original construction
of the dwelling shall contain, or provide separate notice of, the following
provisionS:
Under Arizona Revised
Statutes section 32-1155, a buyer of a dwelling has the right to file
a written complaint against the homebuilder with the Arizona registrar
of contractors within two years of the commission of an act in violation
of Arizona Revised Statutes section 32-1154, subsection A, INCLUDING SUCH THINGS AS ABANDONMENT OF A CONTRACT OR REFUSAL TO PERFORM, FAILURE TO COMPLETE A PROJECT FOR THE AGREED PRICE, DEPARTURE FROM OR DISREGARD OF PLANS OR BUILDING CODES, OR WRONGFUL OR FRAUDULENT ACTS.
B. The notice required
in subsection A of this section shall be prominently displayed and appear
in at least ten point bold type. THE NOTICE SHALL INCLUDE THE CURRENT ADDRESS, TELEPHONE NUMBER AND WEBSITE ADDRESS OF THE REGISTRAR OF CONTRACTORS.
C. The buyer of the
dwelling is not deemed to have received the notice required pursuant
to subsection A of this section, unless the buyer initials the notice
provision.
12-1365.01. PROTECTION OF HOMEOWNERS; POTENTIAL CONFLICTS OF INTEREST BETWEEN SELLERS AND FINANCIAL INSTITUTIONS
A. EVERY SELLER OF A DWELLING MUST INCLUDE IN THE PURCHASE PRICE OF THE DWELLING WITHOUT ADDITIONAL OR SEPARATE CHARGE A WARRANTY OF THE MATERIALS AND WORKMANSHIP OF THE DWELLING EFFECTIVE FOR AT LEAST TEN YEARS FROM THE DATE OF PURCHASE. THE WARRANTY SHALL COVER THE ORIGINAL PURCHASER AND ALL SUBSEQUENT PURCHASERS WITHIN TEN YEARS OF THE DATE OF THE ORIGINAL PURCHASE.
B. A CONTRACT DESCRIBED IN SUBSECTION A OF SECTION 12-1365 SHALL ALSO CONTAIN CLEAR, COMPLETE AND ACCURATE DISCLOSURE OF ALL ARRANGEMENTS WITH FINANCIAL INSTITUTION PROVIDING MORTGAGE FINANCING, TITLE INSURANCE OR PROPERTY AND CASUALTY INSURANCE OFFERED BY OR THROUGH THE SELLER, INCLUDING ANY COMMON OWNERSHIP OR CONTROL, ANY AND ALL FEES, COMMISSIONS, REBATES, REFUNDS OR PAYMENTS OF ANY SORT FROM INSTITUTION TO THE SELLER THAT ARE DEPENDENT TO ANY DEGREE ON THE BUYER ELECTING TO OBTAIN ALL OR ANY PART OF THE FINANCING FOR PURCHASE OF THE DWELLING FROM THE INSTITUTION, AND WHETHER ANY MORTGAGE ARRANGED BY THE SELLER WILL BE HELD BY SELLER OR THE FINANCIAL INSTITUTION OR IS INTENDED TO BE SOLD TO OTHER PARTIES.
C. ALL FIXTURES OR EQUIPMENT SHOWN IN A SELLER'S MODEL HOMES MUST BE INCLUDED IN THE BASE PURCHASE PRICE ADVERTISED. ANY SUBSTITUTE OR ADDITIONAL FIXTURES OR EQUIPMENT MUST BE SEPARATELY PRICED AND THE PRICES CLEARLY, COMPLETELY AND ACCURATELY DISCLOSED TO BUYERS
D. NO SELLER MAY REQUIRE A DEPOSIT FOR A CONTRACT TO SELL A DWELLING UNLESS THE CONTRACT PROVIDES THAT THE PURCHASER MAY CANCEL THE CONTRACT WITHIN 100 DAYS AND RECEIVE A REFUND OF NO LESS THAN 95% OF THE DEPOSIT.
E. NO SELLER MAY COMPLETE A MORTGAGE FINANCING APPLICATION FOR A DWELLING FALSELY OR AID OR ABET ANOTHER TO DO SO.
F. ANY WAIVER BY A PURCHASER BY ANY OR ALL OF THE PROVISIONS OF THIS ARTICLE SHALL BE DEEMED CONTRARY TO PUBLIC POLICY AND SHALL BE VOID AND UNENFORCEABLE. ANY ATTEMPTS BY SELLER TO HAVE A PURCHASER WAIVE RIGHTS GIVEN BY THIS ARTICLE SHALL CONSTITUTE A SEPARATE VIOLATION OF THIS ARTICLE. A SELLER MAY NOT VOID, ALTER OR IMPAIR ANY WARRANTY BECAUSE A BUYER EXERCISES ANY RIGHTS UNDER THIS ARTICLE.
12-1365.02.
Applicability;
claims and actions
A purchaser may bring
an action against a seller for violation of section 12-1365.01 and shall
be entitled to recover in such action ANY OR ALL OF THE FOLLOWING RELIEF:
(a) INJUNCTIVE OR OTHER EQUITABLE RELIEF TO RESTRAIN ANY VIOLATION OF SECTION 12-1365.01;
(b) RESCISSION OF ANY CONTRACT TO PURCHASE A DWELLING MADE IN VIOLATION OF SECTION 12-1365.01;
(c) ANY ACTUAL DAMAGES CAUSED BY ANY VIOLATION OF SECTION 12-1365.01
(d) COMPENSATORY DAMAGES FOR WILLFUL VIOLATION OF SECTION 12-1365.01; AND
(e) REASONABLE ATTORNEY FEES, REASONABLE EXPERT WITNESS FEES AND TAXABLE COSTS.
12-1366.
Applicability;
claims and actions
A. Sections 12-1362
through 12-1364 OF this article does not apply:
1.
If a contract for the sale of a dwelling or an association's community
documents contain commercially reasonable alternative dispute resolution
procedures. If the contract for the sale of a dwelling contains the
procedures, the procedures shall conspicuously appear in the contract
in bold and capital letters. If the contract for sale of a dwelling
contains the procedures, a disclosure statement in at least twelve
point font, bold and capital letters shall appear on the face of the
contract and shall describe the location of the alternative dispute
resolution procedures within the contract.
2 1 .
To personal injury claims.
3 2 .
To death claims.
4 3 .
To claims for damage to property other than a dwelling.
5 4 .
To common law fraud claims.
6 5 .
To proceedings brought pursuant to title 32, chapter 10.
7 6 .
To claims solely seeking recovery of monies expended for repairs to alleged
defects that have been repaired by the purchaser.
B. A dwelling action
brought by an association is also subject to title 33, chapter 18.
Section 4. Title
12, Chapter 5, Article 3, Section 12-552, Arizona Revised Statutes, is
amended by striking certain portions thereof (indicated by strikethroughs)
and adding certain other portions (indicated by underlining) to read:
12-552.
Actions
involving development of real property design, engineering and construction
of improvements
A. Notwithstanding
any other statute, no action or arbitration based in contract may be
instituted or maintained against a person who develops or develops and
sells real property, or performs or furnishes the design, specifications,
surveying, planning, supervision, testing, construction or observation
of construction of an improvement to real property more than eight TEN
years after substantial completion of the improvement to real property.
B. Notwithstanding
subsection A of this section, in the case of injury to real property
or an improvement to real property, if the injury occurred during the eighth TENTH
year after the substantial completion, or, in the case of a latent defect,
was not discovered until the eighth TENTH year
after substantial completion, an action to recover damages for injury
to the real property may be brought within one year after the date on
which the injury to real property or an improvement to real property
occurred or a latent defect was discovered, but in no event may an action
be brought more than nine ELEVEN years after
the substantial completion of the improvement.
C. The limitations
in subsections A and B of this section include any action based on implied
warranty arising out of the contract or the construction, including implied
warranties of habitability, fitness or workmanship.
D. Nothing in this
section applies to actions for personal injury or death nor shall this
section operate to shorten the period of warranty provided in an express
written warranty.
E. For the purposes
of subsections A, B and C of this section, an improvement to real property
is considered substantially complete when any of the following first
occurs:
1. It is first used
by the owner or occupant of the improvement.
2. It is first available
for use after having been completed according to the contract or agreement
covering the improvement, including agreed changes to the contract or
agreement.
3.
Final inspection, if required, by the governmental body which issued
the building permit for the improvement.
F. In this section
an action based in contract is an action based on a written real estate
contract, sales agreement, construction agreement, conveyance or written
agreement for construction or for the services set forth in subsection
A of this section. This section shall not be construed to extend the
period prescribed by the laws of this state for bringing any action.
If a shorter period of limitation is prescribed for a specific action,
the shorter period governs.
G. With respect to
an improvement to real property that was substantially complete on or
before September 15, 1989, the eight and nine-year periods established
in subsections A and B of this section shall begin to run on September
15, 1989. Notwithstanding the provisions of subsection E of this section
and section 12-505, subsection A, this subsection applies to claims that
accrued before the effective date of this amendment to this section.
Section 5. Severability
If any part of this
law, or the application of the law to any person or circumstance, is
held invalid, the remainder of this law, including the application of
such part to other persons or circumstances, shall not be affected by
such a holding and shall continue in full force and effect. To this end,
the parts of this law are severable.
Section
6. Effective Date
This
article shall take effect upon enactment and shall apply to all causes
of action whenever accrued that were not time-barred as of the date of
enactment, provided that the provisions of subsection C of section 12-1362,
the amendments to section 12-1365 and sections 12-1365.01 and 12-1365.02
shall only operate prospectively from the date of enactment.
If you think a new home should
come with a warranty at least as good as a car... Vote Yes.
A home is our family's biggest
investment. The Homeowners Bill of Rights will give homeowners the rights
they need.
-
A 10-year warranty on
new homes... Vote Yes.
-
Make homebuilders correct
construction defects or compensate the homeowner... Vote Yes.
-
Guarantee that homeowners
can participate in choosing contractors to do repair work... Vote Yes.
-
Only contractors with
10-year clean records can be used for corrections... Vote Yes.
-
Make builders reveal
their relationships with financial institutions... Vote Yes.
-
Make model homes reflect
what is actually for sale... Vote Yes.
-
Give buyers the right
to cancel within 100 days and get back most of their deposits... Vote
Yes.
-
Give homeowners good
ways to enforce their rights in court, including money for the hardship
caused by home defects... Vote Yes.
And
voting Yes will keep current law to screen out frivolous lawsuits
.
The people of Arizona can
vote Yes to balance legal rights between homebuilders and their customers.
The politicians changed the law and denied buyers reasonable protection
against deceptive sales practices and construction defects.
Individual homeowners and
real estate agents are NOT subject to this law. Only the homebuilders
are covered.
The giant home building corporations
oppose this law. But they made huge profits during the last boom and
can easily afford to build and sell homes fairly. Homeowners can't afford
the way the system is stacked against them. It's time to make things
right.
VOTE YES to protect Arizona
homeowners!
|
Dion Abril,
Chairman, Homeowners Bill of Rights Committee, Tolleson
|
Donald Latham,
Treasurer, Homeowners Bill of Rights Committee, Phoenix
|
|
Paid
for by "Homeowners'Bill of Rights Committee"
|
Why should you ignore the
opposition's arguments and Vote FOR the Homeowners' Bill of Rights?
My wife and I had talked about building a new home for several years.
2005 was the year we decided we would do it. We contracted with Engle
who emphasized (or implied) quality.
Buying this Engle house
has left my family shaken and much poorer from the experience. We are
stuck in this defective house and we hope our story can help prevent
others from sharing our nightmare. I hope you never see the pain in
your wife's face when the truth is discovered.
We found many defects;
dangerous natural gas leaks, structural problems, leaky air conditioner
ducts, mold, large holes in outside walls (bugs!), rain water poured
out from inside walls, even electrocution hazards and carbon monoxide.
The builder was made aware
of serious problems and did nothing about them. When the builder told
us of other neighbors who also had many problems they described them
as "too picky" or a pain in the butt. All we expected is
what we paid for and what we were promised. We had to spend $20,000
on experts to prove our concerns were real while Engle Homes used the
best attorneys to evade responsibility or prove us wrong. Our conscience
will not allow us to pass these problems on to an unsuspecting buyer,
all we can do is warn you.
We thought we had a warranty
but our warranty doesn't work for anyone but the builder. There is
no accountability.
I hope that you, your family
or your grandchildren will experience the American dream of owning
their own home. Two and a half years later we still have an unfixed
lemon. Please vote YES to protect your family
and others.
Support
Homeowners Bill of Rights--Arizona Needs a Unionized Construction
Industry
I hear opponents to Prop.
201 say that this will lead Arizona towards having a unionized construction
industry. I say what's wrong with that! Arizona's construction industry
should be all union, and if it takes an initiative to accomplish this,
so be it.
Our Arizona Legislature
and Governor have let us down by not pushing for more laws that promote
increased collective bargaining and union organizing. As we speak,
the federal government is on the verge of passing the Free Choice Act,
a needed measure that would eliminate secret ballots in order to make
it easier for workers to form unions. The same proactive steps need
to be taken here in Arizona, and Prop. 201 is a good first step.
So I say to the Sheet Metal
International Association and AFL-CIO: Thank You! Every Arizona worker
is in your debt. Hopefully with your continued efforts, we will be
able to push for new laws and initiatives that improve the workers
plight and punish the business class for everything they have taken
from us.
Please
support Unions by voting for Prop. 201
As a longtime supporter
of the Sheet Metal Union and the AFL-CIO, I wholeheartedly endorse
their efforts to pass Prop. 201. It's about time that the unions start
stepping up and putting more pressure on the construction industry
to unionize.
Prop. 201 does a couple
of things to help increase their membership. First, it limits the choices
on what subcontractors consumers can use, improving the odds that union
only labor will be used. Secondly, it sets up several new rules, regulations,
and requirements that builders must meet, several of which that will
surely hamper their ability to operate without union labor.
The only unfortunate thing
about this initiative is that it took money from an out of state group
to finally put the construction industry in its place. Thankfully with
the housing market the way it is, this is the perfect time to push
for laws that will tip the balance of power towards union shops. I
just hope we don't blow this opportunity.
I ask every Arizonan that
cares about the unions in this state to join me in voting yes on Prop.
201.
Gain leverage over Home
Builders by Supporting Prop. 201
Every Arizonan needs to
support Prop. 201, a quality initiative that will help increase the
leverage prospective buyers and current home owners have when dealing
with home builders.
Moving here from California,
I couldn't believe there wasn't any laws in place that I could use
to pressure builders into offering me a better price or more upgrades
on my home. Fortunately, Prop. 201 opens the litigation statutes up
to prospective buyers as well, so now I can contact my attorney if
I believe a builder isn't offering me a fair price.
Another good provision
in Prop. 201 is that it prohibits a home buyer from agreeing to any
form of mediation or arbitration process with a builder, meaning every
dispute has to be settled in court. It's a great way to stick it to
builders, especially since this initiative prohibits home builders
from recovering court costs.
With unfair laws such as
allowing arbitration, letting builders collect court cost if they win,
and prohibiting prospective buyers from filing lawsuits against builders,
it's clear that Arizona's home building statutes need an upgrade. That
is why I support Prop. 201, and I hope every voter joins me in doing
so.
Help increase
litigation payouts by supporting Prop. 201
Coming from a family of
trial lawyers, I was thrilled to see the Sheet Metal Union put Prop.
201 on the ballot. If you don't know, under current law if you sue
a builder for an alleged construction defect and the claim turns out
to be frivolous, the builder is eligible to recover reasonable attorney
fees as awarded by the court. The problem with this provision is that
it discourages large scale class action lawsuits against builders,
which are needed to intimidate them into settling out of court.
But now with Prop. 201,
home builders will no longer be eligible to recover court costs, meaning
attorneys will be able to file as many lawsuits as they want with no
fear of actually having to pay for the litigation. The result is that
buffer claims, a much needed component to help expand the size and
scope of construction defect lawsuits, can be included as a way to
increase settlement payouts.
Some people try to give
trial attorneys a bad name, but using the court process is a legitimate
and smart way to make money. I believe that the legal process needs
to utilized to its fullest extent, and that is why come November, please
support Prop. 201.
The Homeowners Bill of
Rights is based on the notion that if you buy a house and it turns
out to be poorly built you should be able to do something about it.
It is based on the notion that consumers should get what they pay for
and that sellers should be held accountable for the quality of their
product. It is based on the notion that transparency and full disclosure
is a consumer right.
For too long, too many
Arizona homeowners have watched their American dream of home ownership
turn into a nightmare. Attempts to get construction defects repaired
have resulted in months and often years of denial and delay on the
part of builders and sellers. Sellers have been able to hide behind
confusing legal jargon and requirements that prevent ordinary consumers
from being able to get their concerns addressed. Instead of sellers
backing their product, buyers are threatened with having to pay the
attorney's fees and court costs of the very ones who sold them a defective
product in the first place.
Shelter is a basic human
need; it is not an option. In a place like Arizona, with its extreme
weather, quality is essential and defects need to be addressed in a
timely way. People who spend their hard earned, life savings in the
purchase of shelter deserve a reasonable course of action if their
purchase turns out to be problematic.
The Homeowners' Bill of
Rights uses ordinary, non-technical language that anyone can understand.
It requires that sellers do the same in their dealings with purchasers.
Should Arizona consumers settle for anything less?
Vote for Justice. Vote
Yes on Prop 201
|
Rev. Catherine "Trina" Zelle,
Director, Interfaith Worker Justice of Arizona, Tempe
|
Walter Henyard,
Vice President, Interfaith Worker Justice of Arizona, East Mesa
|
|
Robert Smith,
President, Interfaith Worker Justice of Arizona, Mesa
|
|
|
Paid
for by "Interfaith Worker Justice"
|
The Air Conditioning Excellence
Coalition ( www.acecoalition.org/) is a group of industry minded
professionals who volunteer their time and effort to promote issues
of quality, training and energy conservation. In hundreds of free inspections
to new homeowners we routinely see serious multiple construction defects.
There are thousands of
cases across Arizona where homebuyers are complaining about the construction
of their new homes including faulty electrical wiring, bad plumbing,
and foundational problems. This initiative overturns a law passed in
2002 supported by homebuilders, contractors and pro-industry lobbyists
to limit construction-related lawsuits regarding shoddy construction.
This law simply gives people the right to do something about it.
Opponents of this measure
claim it would make houses unaffordable but warranties do not control
the sales price of new houses; supply and demand sets prices. We need
to do everything we can to protect the value of our homes. We need
to protect our home value by protecting against faulty construction.
Why are some homebuilders often antagonistic to third party inspectors
even those who are non-profit?
Buying a new home is a
huge investment. It is only fair to ask homebuilders to stand by the
quality of their homes and provide a warranty to the buyers of new
homes. A 10-year warranty is reasonable since most people are taking
out a 30-year mortgage. It also fully supports the common sense principle
that builders and contractors should stand behind their products and
be held accountable if they build a shoddy or substandard product.
There is no reason why
homebuilders should oppose providing a warranty on homes unless they
are trying to cut corners or use defective materials. Others seek to
make it a union or non-union issue: this initiative would only reward
contractors who did quality work regardless of union status.
Vote YES!
|
Edward B.
Armour, Director, ACE Coalition, Gilbert
|
The Arizona Advocacy Network
supports the Homeowners' Bill of Rights and urges voters to support
it because it will ensure that home buyers and home owners have a stronger
position in disputes with home builders, including a ten year warranty
on new homes, the right to choose contractors for repair work, and
the right to sue homebuilders for deceptive sales practices and construction
defects without the threat of having to pay builders' attorney fees
and expert witness fees.
In 2002 the home building
industry secured legislation that radically changed the rights of home
buyers in favor of builders. This initiative levels the playing field.
New home buyers should
have a reasonable expectation that the construction on their home is
sound and the house is safe for their families. Proposition 201 will
protect home buyers from the worst actors in the home building industry
and hold the builders accountable for the quality of their work.
The Arizona Advocacy Network
promotes social, economic, racial and environmental justice by educating
voters on ballot measures and by advocating for consumer protection
and preservation of a civil justice system in which average people
can be assured of fairness in dealing with corporate and business interests.
We urge you to Vote Yes on Proposition 201.
|
Michael J.
Valder, President, Arizona Advocacy Network, Phoenix
|
Eric Ehst,
Treasurer, Arizona Advocacy Network, Phoenix
|
|
Paid
for by "Arizona Advocacy Network"
|
Homeowners'
Bill of Rights
Arizona homeowners are
entitled to live and raise their families in quality-built homes that
will last for generations. PROP 201 holds contractors accountable and
protects homeowners against substandard construction practices.
Many contractors emphasize
profitability over quality, seeking to reduce construction costs and
increase profits while selling homes at top dollar. As a result, vast
tracts of homes suffer from construction defects caused by substandard
construction practices. The owners of these homes are left with the
grim reality of pursuing a potentially cost prohibitive lawsuit or
facing substantial repair costs and unreasonable maintenance burdens
on nearly new homes. Builders should be held accountable for the quality
of their construction.
Current laws "protecting" homeowners
were created by builders, to protect builders. These laws set unreasonable
burdens, expose homeowners to substantial costs, and effectively prohibit
many homeowners from holding their builders accountable for shoddy
construction. Arizona's citizens, not builders, should create the laws
that protect the home buying public.
PROP 201 levels the playing
field between homeowners and large corporate homebuilders. PROP 201
eliminates many of the current burdens that protect homebuilders. Should
a builder refuse to correct substandard construction, the proposition
requires the builder to pay a successful homeowners' attorneys' fees
and costs should a legal action be required. At the same time, PROP
201 eliminates a homeowners potential liability for paying the builders'
substantial attorneys' fees should the builder use its financial strength
to spend the homeowner into submission. Prop 201 also extends the period
of time from 8 years to 10 years within which a homeowner can hold
their builder accountable for faulty construction.
Homeowners have always
paid for quality homes, now is the time to hold homebuilders responsible
for providing quality homes that will last for generations to come.
|
Douglas Lusson,
Chairman, Coalition for Better Construction, Phoenix
|
John Chaix,
Co-Chairman, Coalition for Better Construction, Phoenix
|
|
Paid
for by "Coalition for Better Construction"
|
Dear Arizona Voter,
The Arizona Alliance for
Retired Americans urges your support of Prop 201, the Homeowners Bill
of Rights initiative. Over the past several years, Arizona has seen
an influx of new residents and the homebuilder industry has met the
demand and benefited from that growth. Yet, ever since the laws were
changed in 2002, homebuyers have seen their rights as new homeowners
decrease. Too often, new homeowners experience questionable sales tactics, "bait
and switch" standard versus custom features, and upon move-in,
dozens of construction defects.
No more is this present
than in the senior retirement communities in Arizona. Retirees purchase
their "dream" home in these master planned retirement communities
and find their dreams turning into nightmares. Seniors encounter construction
defects that they may not be able to fix themselves due to health conditions
or being on a fixed income. When seeking repairs from the builder,
they are met with hostility and are forced to seek rectification through
the legal process, all at the expense of their hard-earned retirement
income.
By voting yes on Prop 201
the Homeowner's Bill of Rights initiative, we remove the advantage
the Legislature gave the homebuilding companies, and allow home buyers
a fair hearing on a level playing field.
|
John Campbell,
First Vice President, Arizona Alliance for Retired Americans,
Glendale
|
Bill Engler,
Second Vice President, Arizona Alliance for Retired Americans,
Anthem
|
|
Paid
for by "Arizona Alliance for Retired Americans"
|
One of the largest investments
a working family will make is their home. Many hard working Arizonans
scrimp and save for years in order to have their piece of the American
Dream for their families. These dreams can quickly be shattered by
the realization of faulty construction and defects and no real process
to remedy the situation.
As families move into these
homes there are too many times their dreams become a nightmare. Foundations
start to crack, shoddy roofs bring leaks which turn to mold and faulty
wiring makes the simple flip of a light switch a potential hazard.
These homeowners do everything possible to correct the problems. They
make calls, fill out paperwork and experience a never ending maze of
bureaucracy in their attempts to have a livable home for their family.
Time and time again the Homebuilders fail to meet their responsibilities
for their faulty construction and defects.
In 2002, lobbyists for
the Homebuilders convinced the Arizona Legislature to pass legislation,
to radically change the rights of homeowners in favor of the Homebuilders.
It stripped out most of the basic consumer protections that should
be part of every purchase made by working families.
This initiative when passed
will restore the rights of these families to have their concerns and
complaints responded to in a timely manner and to have the repairs
done on their homes by reputable contractors. It will put an end to
deceptive sales tactics and require the Homebuilders to be forthright
with information needed by working families when making their decision
to purchase.
The Homeowners Bill of
Rights will reverse this trend and it will put in place safeguards
to protect a homeowner's investment.
Vote YES on Prop 201 to
protect the American Dream.
Vote YES on the Homeowner
Bill of Rights.
|
Rebekah Friend,
Secretary/Treasurer, Arizona AFL-CIO, Mesa
|
Martin "Buzz" Murphy,
President, Arizona AFL-CIO, Glendale
|
|
Paid
for by "Arizona AFL-CIO"
|
As Chairman of Arizonan's
Against Lawsuit Abuse (ALAW), I would like to encourage the voters of
Arizona to reject Prop 201. ALAW fights against abuses in our legal systems
that create inequities in our system which raise the legal costs for
consumers.
This proposal creates a mandatory
and complex litigation process that that will cause unnecessary lawsuits
without resolving homeowner's problems.
-
It prohibits two parties
from agreeing to resolve their disputes without going to court and
hiring attorneys.
-
It forbids the seller
of new homes from recovering any attorney's fees even if the case was
frivolous or if they win.
-
It allows prospective
buyers to file lawsuits so you do not even have to own a home to file
suit.
-
It assures that all
disputes, either large or small, go to court raising costs for everyone.
-
If these disputes go
to court, it assures us that homeowners will wait years until their
issue is resolved or their homes get fixed.
Unlike any issue ALAW has
ever seen, this is an unprecedented attempt of alter our legal system
in the favor of litigation over mediation. This is an unnecessary step
when we have legal procedures in place today that allow for mediation
while preserving consumers right to litigation.
As many consumers understand,
when you create a complicated and unfair legal process that requires
the use of lawyers, it creates higher costs for consumers. We oppose
any efforts to increase costs to consumer during these difficult economic
times.
VOTE NO ON PROP 201
|
Spencer Kamps,
Chairman, Arizonan's Against Lawsuit Abuse, Phoenix
|
Although the title of this
proposition says homeowners "bill" of rights, the only " bill" you
will see is an increase in your legal "bills" if this passes.
The title is misleading and affords homeowners fewer rights than the
laws that are currently in place in Arizona.
In 2003, I successfully
sponsored the "Notice to Cure" legislation. It was a good
law then and it is a good law now. The goal was to resolve disputes
quickly so people could get on with their lives. The law is working
well.
Prior to its passage, most
construction defect claims ended up in court where builders and homeowners
spent years and thousands of dollars trying to figure out who was at
fault.
Under the "Notice
to Cure" law, a fair and reasonable process was established. The
homeowner notifies the builder that there is a defect and the builder
has ninety days to fix the problem. In addition, there is an alternative
mediation process that homeowners can take advantage of to reach quick
settlements without going to court. This saves time and money.
With Proposition 201, these
provisions are gone. Litigation is the only option. To makes matters
even worse, they eliminate the "Loser Pays Court Fees" statutes.
Without that statute, lawyers are encouraged to go to court. Everyone
loses except the attorneys.
The "Notice to Cure" statute
is good public policy. Consumer satisfaction is at an all time high
while attorney payouts are at an all time low. More importantly, people
can get on with their lives and enjoy their new homes.
Don't let out- of -state
groups tear down solid Arizona laws. Vote "no" on proposition
201.
|
Senator Barbara
Leff, District 11, Phoenix
|
|
Paid
for by "Barbara Leff"
|
Members of the Home Builders
Association of Central Arizona pride themselves in taking care of their
homebuyers. Last year, members of the Association were at the top of
the JD Powers ratings for customer satisfaction. We want to keep it
that way!
Prop. 201 will prevent
homebuilders from working with their customers to resolve problems.
Instead of having the ability to repair items or arbitrate any disputes,
homebuyers will be forced to go to court. This proposed "litigation
only" solution to problem solving does nothing more than line
the pockets of trial attorneys and delay homeowners from getting problems
addressed.
Over the last ten years,
the State Legislature has enacted a fair and reasonable process for
homebuyers and homebuilders to resolve disputes. Prop. 201 throws out
existing law and forces the wishes of an out-of-state trial attorney
and his union supporters upon all homebuyers in Arizona.
The only people who win
in Prop. 201 are the lawyers! Let's keep the homebuyers and homebuilders
working together to keep housing affordable. VOTE "NO" ON
Prop. 201.
|
Carl Mulac,
Chairman of the Board, Home Builders Association of Central Arizona,
Phoenix
|
Connie Wilhelm,
President, Home Builders Association of Central Arizona, Phoenix
|
|
Paid
for by "Home Builders Association of Central Arizona"
|
Arizona
Chamber Urges NO Vote on Prop 201
The Arizona Chamber of
Commerce and Industry opposes Prop 201, an unnecessary initiative that
will encourage litigation and increase costs for both consumers and
home builders. Current law already provides a process for home owners
and home builders to resolve construction related disputes prior to
filing any lawsuits. These laws have been in place for years and have
resulted in increased consumer satisfaction, reduced litigation costs,
and lower insurance premiums for home builders and homeowners alike.
Prop 201 turns this reasonable
process on its head by making two fundamental distortions to this law.
First, Prop 201 will prohibit builders from being awarded attorney
fees even if they are the prevailing party in a lawsuit. Arizona has
had a long standing legal practice of "loser pays" when it
comes to construction defect claims, especially because it encourages
builders to quickly resolve disputes and discourages trial attorneys
from filing frivolous claims. By dismantling loser pays, innocent builders
will have little protection under the law and emboldened litigators
will have little incentive to keep costs down.
The second distortion made
by Prop 201 is that it prohibits home buyers from entering into alternative
dispute and resolution agreements with home builders. Eliminating this
crucial alternative for resolving disagreements out of court can only
mean one thing: the proponents of this initiative want you to settle
disputes in court. The Arizona Chamber has always been a strong proponent
in the freedom to contract, especially when it comes to discouraging
lawsuits.
The proponents of this
initiative will try to argue that Prop 201 is good for consumers. Don't
be deceived. Prop 201 is a boon for trial lawyers, and does little
to aid home buyers or the construction industry. Come November, Vote
NO on Prop 201.
|
Glenn Hamer,
President & CEO, Arizona Chamber of Commerce and Industry,
Phoenix
|
Don Robinson,
Chairman-Elect, Arizona Chamber of Commerce and Industry, Phoenix
|
|
Paid
for by "Arizona Chamber of Commerce and Industry"
|
Arguments "Against" Homeowner
Bill of Rights
ICSC prides itself on promoting
good public policy in that State of Arizona.
Prop 201 should not be
adopted by the voters for the following reasons.
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It creates a fictitious
problem that will only benefit contingency fee lawyers.
-
This is a misguided
effort by the unions to change Arizona's Right to Work status and
to unionize the construction industry.
-
It will cause an increase
in the cost of liability insurance for the entire construction industry.
-
The current system
is working. This will only force sellers and buyers into the courtroom.
-
Prohibits sellers
or builders from collecting attorneys fees if they are the prevailing
party, even if the case if frivolous.
-
It will negatively
impact our economy and new home buyers by increasing the cost of
housing. The current problems with housing affordability in Arizona
will drastically increase.
-
Prevents the freedom
to contract for the sale of new homes by prohibiting parties from
agreeing to resolve their disputes through mediation.
We have always had concerns
whenever a process is created that requires people to go to court to
resolve their disputes. We are also concerned anytime a union sponsored
initiative is attempting to increase the cost of construction, as this
bill clearly does. This revision to the current law is unnecessary
because the current law is working. There is already a precise process
enforced by the Arizona Registrar of Contractors under which a buyer
can request repairs.
For these reasons, and
many more, we encourage the voters to reject Prop 201
|
Larry Landry,
Member of Government Relations Committee for International Council
of Shopping Centers, Phoenix
|
WESTMARC
urges a NO VOTE on Proposition 201!
WESTMARC is a regional
coalition of business, government, and education that advocates for
good public policy. As a partnership between business and government,
it is paramount that we thoroughly consider public policy issues and
work collaboratively toward public policy that is good for our West
Valley region and our state.
WESTMARC
has thoroughly reviewed Proposition 201 and
believes that the
Homeowners' Bill of
Rights
will not be beneficial to our West
Valley region or our state.
WESTMARC
believes that:
-
home
warranties of 1-2 years are appropriate in the industry, but that
10 years is far too long;
-
that
the homebuilding industry should initiate warranties prior to legislative
mandate;
-
that
10-year warranties would significantly increase the cost of Arizona's
housing at a time when the housing market is suffering;
-
that
the dramatic increases in housing prices would slow Arizona's economic
rebound and stifle the West Valley's impending growth;
-
although
this Initiative originated in Arizona it is wholly funded by a
single out-of-state organization; and
-
the
law of unintended consequences will prevail for many years to come.
WESTMARC
believes that this Initiative is bad for Arizona's economy.
Therefore,
we encourage you to join WESTMARC in opposing the
Homeowners'
Bill of Rights
and urge you to vote NO on
Proposition 201!
|
Ray L. Jones,
Chairman, WESTMARC, Peoria
|
Jack W. Lunsford,
President & CEO, WESTMARC, Peoria
|
|
Paid
for by "WESTMARC"
|
Buying a new home is often
the most important purchase in a person or family's life. An important
part of this process is the ability for the homebuyer and homebuilder
to work together when issues arise. It is important to members of the
Southern Arizona Home Builders Association that we are able to work
closely with our homebuyers to resolve any issues in a fast and efficient
manner. Prop. 201 wants to change all that! Homebuyers and homebuilders
will no longer be able to have their own agreements to resolve disputes.
The out-of-state trial attorney who drafted this Prop 201 wants to
mandate that the only way to resolve disputes is by going to court!
And he doesn't stop there!
He also has given "prospective buyers" the right to sue.
So now people who don't even own a home can sue a homebuilder. The
cost of these frivolous lawsuits will be passed on to everyone hoping
to buy a new home. This will significantly raise the cost of housing
and hurt Arizona's already struggling economy.
Arizona has a fair and
equitable Opportunity to Repair Process that allows homeowners to get
their problems fixed within 90 days. If parties fail to come to an
agreement, homeowners can then pursuit litigation. Join us in voting "NO" on
Prop. 201 so Arizona homeowners and homebuilders can continue to resolve
issues so that homeowners WIN and only the lawyers lose!
|
Randy Agron,
Chairman, Southern Arizona Home Builders Association, Vice President,
A.F. Sterling Home Builders, Tucson
|
Edward Taczanowsky,
President, Southern Arizona Home Builders Association, Tucson
|
|
Paid
for by "Southern Arizona Home Builders Association"
|
We can all agree that any
Arizona contractor or homebuilder that builds or sells a home with
construction deficiencies should repair the home according to all applicable
building codes and professional workmanship standards. In fact, that
is what current Arizona law requires. Arizona law implies a warranty
of workmanship and habitability in every home construction contract
and currently provides a process for resolving legitimate home construction
issues within 90 days. If the homeowner and builder cannot agree, the
homeowner may pursue litigation on a "loser pays" basis for
attorneys' fees. In addition, homeowners may file a complaint with
the Arizona Registrar of Contractors, which may arrange for an inspection
of the home and order the builder to correct any deficient work or
make restitution for it. All of the foregoing provides a fair, even-handed
approach to resolving disputes between homeowners and contractors in
a reasonable manner.
Unfortunately, the proponents
of PROP 201 do not seem to be interested in fairness or reasonability.
Among other things, the proposition would eliminate the time-tested "loser
pays" system of awarding attorney fees, thus passing on the cost
of frivolous lawsuits to every consumer who buys a new home. It would
prohibit homeowners and builders from agreeing to less-costly, alternative
dispute resolution methods such as mediation and arbitration. It would
prevent the builder from even having the opportunity to make any necessary
repairs. Perhaps most importantly, it would impose significantly expanded
liability on Arizona homebuilders that could drive many small companies
out of business. PROP 201 is unnecessary and potentially disastrous
for the citizens and homeowners of Arizona. I urge you to vote NO.
|
Lance M.
Johnson, Esq., Scottsdale
|
VOTE NO ON PROP 201
I think Arizona is full
of bright and optimistic people. It is too bad that the out of state
drafters of Prop 201 do not.
These unknown drafters
PROHIBIT any adult or parties from agreeing to resolve any disagreements
on the sale of home, condo, or townhome through any other process but
theirs. Do they not trust us or is that how they work in their state?
The right for an adult to agree to ANY terms in contract on how to
resolve differences should be protected.
What will we be left with?
A mandated legal process that consumers have to go through... whether
we like it or not. We will have to go to court, pay big attorney fees,
and wait years for judges, lawyers, and insurance companies to make
decisions that we have no control over.
Ask the drafters why I
am not smart enough to make my own decisions when I have a problem?
I am sure when I go to court under this mandated process some day,
I will be facing one of the drafters across the table while he waits,
like all plaintiff lawyers do, for a big paycheck.
Send these unknown out
of state drafters a message and vote NO on Prop 201.
|
Alisa Schroder,
Meritage Homes, Scottsdale
|
VOTE NO ON PRO 201
Prop 201 should be rejected
by the voters of Arizona.
I have been in Arizona
for years and every election I see a bunch of complicated proposals
from various special interest groups that are out for their own good,
not ours. Prop 201 is another one of those proposals.
Prop 201 is over four pages
of legal changes to how plaintiffs and defendants will be treated in
court when they have disputes over homes and "improvements on
real property". This proposal will be read by few and understood
only by the out of state attorney's who drafted it.
In addition, Prop 201 has
never received a public hearing or an outside legal review and was
drafted in secret.
Why does Arizona seem to
be the lab rat for all the experiments of out of state interests?
Do not take a chance on
Prop 201. Vote no.
PROP 201 JUST GOES TOO FAR!
I believe in a fair legal
system that allows all parties equal access to justice. I do not believe
in a legal process that gives the balance of power to lawyers or to
one party in a dispute.
Prop 201 creates an unfair
system were lawyers win and homeowners get stuck waiting years for
simple repairs to be made on their house. We have an existing process
that requires builders to fix repairs for consumers in 90 days, or
give them cash compensation. This is a quick and efficient way for
people to get their problems fixed when a builder is being a problem.
And if the builder does not fix the problem, then home owners can sue
them.
Prop 201 guts this 90 day
process. It creates a system so plaintiffs' attorneys will tell their
clients to go to court so that these attorneys get paid. Why would
we create a complicated legal system just so attorneys can get paid
and homeowners unknowingly wait years for the courts to decide whether
they get their problems fixed? Why not keep with our existing system
for make repairs?
VOTE AGAINST PLAINTIFF
ATTORNEYS. VOTE NO ON PROP 201.
Despite what the misleading
name of Proposition 201 suggests, Arizona homeowners already have a
strong `Bill of Rights' within Arizona law.
Since 1931, the Arizona
Registrar of Contractors (ROC) has promoted
quality construction by Arizona contractors through a licensing and
regulatory system designed to protect the health, safety and welfare
of the public. The ROC is a `90/10' agency that
sends 10 percent of the license fees it collects to the State General
Fund to help balance our budget.
The
self-funded ROC, the Homeowners' Watchdog, costs our homeowners and
taxpayers nothing - unlike the expensive attorneys' fees guaranteed
by Proposition 201.
In July 1981, the Residential
Contractors' Recovery Fund for Homeowners was established for the purpose
of reimbursing homeowners for improper workmanship by residential licensed
contractors.
The ROC has broad powers
to fine, suspend or revoke a contractor's license for poor workmanship
standards and even provides a venue for homeowners to file complaints
against a contractor. Moreover, the Recovery Fund ensures homeowners
can collect their rightful damages.
You see, homeowners do
have rights, but the trial lawyers don't want you to realize it.
For over 50 years, the
Arizona Contractors Association has provided corporate, political and
civic leadership in the Arizona construction industry for the benefit
of our companies, employees and communities. We're strictly a state
non-profit association whose membership consists of residential and
commercial general contractors, subcontractors of various trades, material
suppliers, developers, architects and engineers.
We urge voters to reject
Proposition 201 and not be tricked by slick and dishonest marketing
appeals in its favor.
Proposition 201 will increase
costly litigation and make homeownership harder for more Arizonans.
Protect
and Defend the Rights Homeowners Have Now.
Stay Out
of Court, Where Only Attorneys Win!
Vote "NO" on
Proposition 201
|
Brett A.
Jones, Vice President of Operations, Arizona Contractors Association,
Phoenix
|
Jeffery M.
Hall, General Counsel, Arizona Contractors Association, Phoenix
|
|
Paid
for by "Arizona Contractors Association"
|
The Professional Fire Fighters
of Arizona are opposed to the Homeowners Bill of Rights Initiative.
This initiative will add thousands of dollars to the cost of a house
while we are in a housing and financial crisis. Today we have Fire
Fighters who cannot afford to live in the city they work for; this
initiative will make this problem worst.
We respectfully ask that
you vote NO.
Thank you,
|
Tim Hill,
President, Professional Fire Fighters of Arizona, Phoenix
|
Mike Colletto,
Legislative Director, Professional Fire Fighters of Arizona
|
|
Paid
for by "Professional Fire Fighters of Arizona"
|
Proposition 201 - The Frivolous
Lawsuit Initiative
Proposition 201 will not
benefit homeowners, but rather is a gift to unscrupulous lawyers. By
providing an incentive for frivolous lawsuits, Prop. 201 will decrease
current home values and reduce affordable housing in Arizona.
Prop. 201's frivolous defect
claims, additional attorneys' fees and litigation costs, and related
union costs will increase the price of new homes while devaluing the
price of current homes. Furthermore, the new price increases won't
go to the builder's bottom line but instead to the unions and lawyers
who drove up the costs.
Prop. 201 seeks to prohibit "reasonable
alternative dispute resolution" which eliminates the homeowner's
ability to arbitrate. Once arbitration is abolished, reckless attorneys
can, for example, claim a variety of home defects (devaluing the home),
settle with the builders, and cover their legal fees. This leaves Arizona
homeowners with the misfortune of having to disclose hundreds of the "alleged" defects
when trying to sell their home.
In this economic downturn,
the last thing we need is to further hurt the housing market while
directing more money to unions and unscrupulous lawyers. Vote No on
Prop. 201.