The article (“Homeowner fighting to avoid ARC assessments,” AFN, Oct. 2) has created quite a stir in the ARC (Ahwatukee Recreation Center) community and totally misrepresents the thrust of the law under which (Rayburn Coawette) claims to have filed his suit. Did you do any research on the HOPA law before you quoted his “interpretation” in your newspaper?
Quoting HUD’s information on the Housing for Older Persons Act of 1995 (HOPA), in answer to the question, “Must a resident of a 55 or older housing community/facility join the homeowners association?” the HUD answer is: “The Fair Housing Act does not require this. HOPA does not require this. This is an example of an issue or aspect of senior housing communities that is generally governed by independent law, deed restriction, or other legally enforceable documents.”
Mr. Coawette, when he bought a home in the neighborhood surrounding the Ahwatukee Recreation Center, agreed to the RTV deed restrictions and ARC’s C C & R’s which require his lot’s membership in the ARC.