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HOA Community Management Lack of Transperancy

Good day,
I hope this request finds you and yours safe.

I’m at my wits end with our HOA management company, Vision Community Management, I have been trying for months to obtain previously requested documentation from them in the midst of the COVID-19 pandemic. I have repeatedly requested from Vision Community Management (Mark Schmit) the following: 1) current landscaper contract for their vendor, Caretaker; and 2) annual collections deposit reports for our community, Vinsanto. They continue to present unnecessary barriers (demand a face-to-face meeting in the midst of a pandemic) instead of simply providing the information to me electronically. They have also ignored my repeated requests for expedited assistance from their owner, Darin Fisher.

Our Board is zero help as Vision runs over them and simply does what they want, I’ve also reached out to the Arizona Department of Real Estate, 3TV and ABC15 but no one seems to want to help with this matter.

I hope you are able to help.

Thanks,
Jimmy

1 Response

  1. dennisl

    Jimmy,
    I’m quite familiar with Vision and their owner. They managed the community that i just left. There is very little good that ! can say about the company the owner or any of their current community mangers. In my opinion trained monkeys could do a better job than most of them.

    The contract is clearly a community record and Arizona law requires that any request to view a community record must be provided within 10 business days. I’m not exactly sure what you are looking for in the “annual collection deposit reports” for the community? if you are looking for a report that is not provided to the board of directors than the association has no responsibility to create a report for you to see. I’m assuming that you are looking for income statements from the community. You could ask for this by simply requesting the comity monthly budget comparison reports for the last fiscal year to date. This report is a standard Vision report that would identify the current months income and expenses and a year to date comparison to the budgeted income and expenses. This is generic financial information that is not protected by and confidentiality concerns. However if you are looking for the assessment payments for any individual homeowner you will never het that information. That in fact is confidential. One thing I used to do with Vision is to ask for accounts receivable information on a year end basis. While some of this could be deducted by the monthly financial statements, they are simple summaries and the devil is in the details. The accounts receivable is a standard financial statement and will tell you exactly how much assessment money is missing or not yet paid without disclosing who is delinquent.

    My advice is make your request as specific as you can make it and as focused as you can be. While the law only requires that the association make the records available to view it does not require the association to provide the information electronically. If you want it electronically pay the $0.15 per page and tell them to provide the requested documents electronically. The law limits what they can charge for a hard copy of a record to $0.15 per page. While it actually cost them nothing to provide the records electronically they can simply say no until they are paid for that service.

    If they still refuse to provide you the records requested and the request is reasonable and does not breach confidentiality than you could file a petition with ADRE to force the association to comply with the law. It will cost you $500 to file but if you prevail the association will be required to pay you back.

    Dennis

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