Thursday, March 6, 2014
Legislation Too Often More Ornamental Than Effective (e.g. HOA Law)
News laws may be more ornamental than effective. We often get excited about a new law that seemingly addresses an issue only to find out it lacks one important aspect to make it effective: enforcement. Some laws provide guidelines and rules most of which won't effectively change current practices, assign accountability, or define penalties for non-compliance. Then there are those "disclosure" laws that require revealing information in a transaction or event. This again mostly means an abusive practice can continue but now the violator will have to document it at some level. Other laws specifically state compliance and mandatory requirements but neither provide for penalties nor a means of enforcement outside our litigious, costly, and time consuming court system that is out of reach for most people. Thus laws are too often the result of an original and well defined Bill being modified by interest groups to present a level of legislative accomplishment but with no real impact on the problem intended to be resolved: the illusion of change. Colorado HOA laws exemplify how we don't need more laws but a means to make our current laws effective.