Neighborhood Associations & Homeowners Associations Under Fire

The city is set to further involve itself in the functioning of both neighborhood associations and homeowners associations through the introduction of three ordinances. The neighborhood ordinance is designed to dictate how a neighborhood association will nominate and elect officers. It also dictates how members are to be notified and provides for mail in balloting. The bill itself is a change to the current Neighgorhood Association Recognition Ordinance. The home owners association legislation actually creates city oversight for a private entity whose primary purpose is the maintenance of the development it serves. The third bill is to create a taskforce to study homeowners associations and neighborhood associations.

First of all it seems a little strange to create the legislation with regard to the associations before forming the taskforce. Looks an awful lot like predetermining the outcome. Second, both the neighborhood associations and the homeowners associations are essentially private non-profit organizations. Currently, neighborhood associations have to meet certain obligations before they are recognized by the city's Office of Neighborhood Coordination, are run entirely by volunteers, and generally have a very limited budget. Homeowners associations are not recognized by ONC, are often professionally administrated much like apartment complexes, and have much larger operational budgets in order to maintain the grounds, pools, medians, common areas, etc.

Our Eyes tell us that there's considerable resistance to the Council and the City getting involved in the operation of neighborhood associations. It's difficult to find volunteers who are willing to give the time and effort necessary to maintain an association when there's no pressing issue (i.e. Wal-Mart moving into the neighborhood) and some of the notification/balloting requirements would put a strain on what is already a limited association budget. While homeowners associations are essentially a management organization. Buyers of properties governed by an association are notified before purchasing their home and are given copies of its bylaws before closing. What business does the city have in getting involved in either of these private organizations?

The legislation by and large looks to us a lot like a solution in search of a problem. Our Eyes on the Inside tell us that much of this comes from Councilor Harris' problems with the Four Hills Neighborhood Association and the impending formation of the East Gateway Coalition whose organizational meeting is set for January 25th at the Manzano Mesa Multigenerational Center. Historically city councilors have either worked with their NAs or worked at cross purposes. When the latter happens, they often feel like they need to get their districts and associations under control. Councilors would do well to remember that they must work with their constituents not attempt to impose control when they disagree.