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Hearing before the HOA & Board

In requesting a hearing, before the Board of an HOA to answer a complaint, what are the relevant statutes addressing time framed procedures. The Community Manager is telling us he can dictate the time and date and we have no say…

1 Response

  1. dennisl

    Susan,

    The specific statute for HOA’s (planned communities) is ARS 33-1803. You have 21 days to request a hearing before the board by certified mail. if the association waives the requirement for certified mail by allowing you to request a hearing by regular mail or e-mail than that removes the certified letter requirement. ARS 33-1804 also allows you to decide if that hearing will be held in open session or in a closed executive session.

    Most community managers do not provide you that choice, and require that the hearing be held in closed executive session. Boards don’t like to screw people in open session where everyone can see them they would much rather do that under the cover of executive session.

    The date and time of a board meeting will be set by the board and not the homeowner. If you want to contest that violation you will have to make yourself available when the board sets the meeting.

    The only reason any homeowner should ever request executive session is if in the process of contesting the violation they will have to expose personal or financial information about themselves that they do not want as public knowledge. Otherwise Always request an open session!!!

    Dennis

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