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3 Responses

  1. dennisl

    Martin,

    Obviously you cannot post a comment or question on this web site and expect it to be private. If you want to simply write me at the email for the site AZHOAtruth@gmail.com you can do so and that will be private between you and I.

    Dennis

  2. Jane Toler

    Hi Dennis,

    Sorry I have not written to you about what has been going on with our HOA situation for a while but a group of us (association members) attempted a removal petition and vote to remove the entire BOD which did not go well. We think that the owner of the management company (who is also a resident in this association) helped to stack votes for the current BOD to remain in place. Now the President of the BOD is more bold as he has made statements that he does not believe in “free speech” when asked a question by a member of our community.

    The MC owner started an “official” website on Facebook and has a statement that nothing “criticizing the management company or the BOD will be tolerated”. When a member of the community asks about why something is not being done (i.e. replacement of plants/trees that have died, soap in the restrooms at our pools, chipped paint and rusting on the fencing around our community, etc. etc.), there is a rude comment placed on the site and the comments are turned off. Then the person is banned from the site for 30 – 90 days or removed indefinitely.

    Our bylaws have been amended without letting the community know and putting it to a vote. They have towed vehicles without warning and not addressed the vehicle damages, the BOD president does not let the females on the board speak and if they do they get reprimanded.

    There are good people in this community with children but the kids cannot go to the playset unless an adult is with them. The children cannot act like children at the pool, they can’t have any toys by the rim of the pool without the “pool staff” yelling at them and their parents.

    The “pool staff” are named “security” on the financials sheet. Is there a way for me to get some documents you?

    Thanks for listening.
    Jane Toler

    1. dennisl

      Jane,

      Your story is one shared by so many homeowners in this state, where boards refuse to listen to homeowners and then try to silence objection or criticism of the boards or community managers. This trend drove me to propose legislation and get sponsored for consideration both last year and this year. Last year SB-1412 would prevent the association from limiting or suppressing the freedom of speech or the freedom of peaceful assemble of homeowners relative to any community issue. That bill passed the Senate with only three dissenting votes, but due to the shortened legislative session never made it to the house floor for consideration. This year the exact same bill was sponsored as HB-2052. That bill passed the house without a dissenting vote but was held from consideration by the Senate rules committee and the entire Senate by one Senator bought and paid for by the HOA trade groups, killing that bill for a second year. I’ve repeatedly tried to get my coalition of 750 members to demand that their legislators support and push this bill forward and have personally testified in both chambers in support of this legislation but was only get get a couple dozen members to actually write their legislators. Until such time that thousands of homeowners get involved in solving the issues with HOA’s and Condominiums in the legislature these issue will continue across the state. I try to lead the fight for these issue with the legislature but without support from the 3.5 million homeowners living in these communities nothing will ever be done to counter the money and power of the community managers and the Attorneys who simply don’t care about the people living in these communities and only care about the amount of money they can make with very little effort.

      The only real option for communities like yours is the recall option that you tried and failed. But because you tried and failed you are prevented by law from attempting another recall of any of the individual board members for the remainder of their current term of office. If you doubt the legitimacy of the recall election results then do a records request to see the actual ballots and all supporting information such as signed envelopes, sign-in sheets at the meeting and any tabulation of who actually voted in the election. If you find discrepancies let me know and we will discuss your options from that point on.

      Dennis

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