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How do we stop the HOA from trespassing and spying?

(continued from previous content) …them we are obeying CC&Rs and are not out of compliance. They recently responded to that letter ten weeks and 4 days later (AZ Law says ten days). Still no name of an observer with the same accusations. We have caught two of their board members trespassing and spying with drones and binoculars. We have turned them in to the FAA for voyeurism with the drone. They now want a hearing and to charge us violation fees. We told them we will remove the dog pen and shades but they are still trespassing, still spying. We have been within our rights and need advice. Thank you!

1 Response

  1. dennisl

    Billie,

    You seem quite versed on the law and appear to have complied in every way possible. The due process to contest any alleged violation was followed completely. You are again correct in the time limit for the response from the association to your contesting the violation. Demand the hearing before the board in open session and invite as many of your friends and neighbors to that meeting. If the board denies your dispute have them specifically identify the exact provision of the governing documents that they assume that you have violated. If you have not violated that provision and they still claim that you have especially if that has not been uniformly applied to all homes in the community inform them that you will file a petition to the Arizona Dept. of Real Estate, based on their failure to comply with Arizona law in the due process for alleged violations and for arbitrary and capricious and totally unreasonable enforcement of association rules .

    If it gets to that point let me know and I’ll help you prepare your case for you to present to the ADRE and ALJ.

    Dennis

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