Can a homeowner file a complaint with the AZ Department of Real Estate regarding a Board decision that in the homeowner’s opinion violates the business judgement rule? I don’t want to get too specific, but recently my HOA Board correctly and prudently spent $2k to install an object that would improve safety and security in the neighborhood. Other parts of my neighborhood already have this object, but this one area for decades has not had this object, despite committees and homeowners wanting this object in the neglected area.
A minority of homeowners are upset about this object. If they are successful in getting elected to the Board and then immediately vote to remove the object, would I be successful in filing a case with the AZ Department of Real Estate over a bad business judgement decision due to “sunk costs”, negligence if a crime occurred because of the lack of the object and discrimination, because other areas of the HOA have this object and this certain area does not? I have before and after photographs to prove how this object is needed and makes this area of the complex vulnerable to crime. There is also an extremely high probability if a police offer came to do an assessment of the neighborhood, he/she would recommend this object in the area it was installed.