AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.

HOA Common Grounds Maintenance and Assessment Fee

I am new to this forum and question HOA board and possibly keeping the accountable. My HOA Board is currently do a poor job of maintaining common grounds outside of the lawn. They do mow the lawn, they do the winter grass but when it come to plants, plants in planter, grass overgrowth in planters, peeling paint on building, attending to exterior shed doors and panels are not being repaired, driveway is in of paving. My unit has planter to front that has not had plant in for 5 years, building have peeling paint for approx. 5 + years. Exterior safety lights go years before they are fixed. I ask when will the landscaping be address as there comments are made to how run down, tacky and the HOA is lax in attention. The board never responds. There only comment on my attendance, which I will admit is not stellar I found them to be unproductive. So not sure if is political based on my lack of attendance it is not address. Then you hear the cost and not in the budget. My thought is they need to address an assessment increase to cover the necessary maintenance required under the CC&R’s and the Bylaws. I want to know is these issues that can be resolved through a filing with the Commissioner of the Real Estate Board or not.
Please advise.

1 Response

  1. dennisl


    Unfortunately no. That process is only allowed to address alleged violation of the governing documents or the relevant state statutes.

    It is understood that the association is responsible for the maintenance and upkeep of the common property but most governing documents do not mandate that responsibility or provide any details on what specifically is required to satisfy that responsibility. Remember all of these governing documents were written by attorneys to protect the interest of the developer and the association board as his successor. Everything is in generalities relative to the board but get much more specific when dealing on restriction of what any homeowner can do.
    whether you attend board meeting or not has nothing to do with your rights as a homeowner and what you pay for every month in assessments. But to some extent if you want something to change than you need to get involved and go to board meeting and insist that the association live up to its fiduciary duty to the community and address all the common property that you described. Never ever do this alone. You will be simply categorized as a disgruntled individual and ignored or retaliated against. get a group of at least 5 other homeowners with the same concern as you have and go to a board meeting and ask that they deal with the issue, but if they do not then get a larger group together at the next board meeting and demand that they do something, or you will organize a petition to remove all of them from office and replace them that will actually do their job.

    In these communities what you do not know will hurt you and what you do not try and fix will never get fixed on it own. If people want change they must become the catalyst for that change.


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