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Rules / CC&Rs are being ignored by our HOA!!!

Our Latest HOA BOARD, made up of a handful of members, has and is ‘making up their own rules,’ not following our CC&Rs (restricting historical voting on MAJOR PROPOSED MONETARY INCREASES FOR HOMEOWNER’S EXPENSES (including Assessments and taking away historical benefits as A/C maintenance service that is in our CC&Rs (this has been an enjoyed and expected benefit for years in exchange for paying our exceedingly HIGH MONTHLY DUES.) They never gave our 108 UNIT PROPERTY the opportunity to VOTE on this!!!

These members are continuing to change everything including landscaping, proposed assessments, high increases in HOA Dues and changoling our CC&Rs WITHOUT including our HOMEOWNER’S. Most residents do not have a clue about the rapid changes taking place and therefore are going along quietly ignorant.

Even more unfortunate, the New HOA Board hand-picked a new terribly unprofessional management company that has supported/encouraged all of their wrong-doing.

This reminds me very much of how Trump successfully manipulated, changed and lawlessly ignored rules & laws to get whatever he wanted done. We have an authoritarian ruler here who lies, cheats and unfairly harasses and discriminates residents. He seeks to impose rules ONLY after residents he dislikes. Then SHOWS FAVOURITISM, ignoring blatant broken rules by those he likes. All the while, ABUSING/USING his POWER on the board to BENEFIT HIS PERSONAL INTERESTS!

3 Responses

  1. dennisl

    Tanya,

    I’ve always said that even if you like the situation in your condo or HOA community you are one board member away from total living hell. That is why the concept of so much power in the hands of amateurs is flawed from the beginning. Power corrupts and absolute power corrupts absolutely.

    As for the CC&R’s the board has absolutely no authority to change the CC&R’s without the approval of the members. Any attempt to do so is null and void.

    The only solution to all of this is transparency and engagement of the community members in their own communities. The one power that homeowners have is the power to remove any board member that is not acting in the best interest of the community as a whole. Please remember that no board member or collective board will ever make everyone in the community happy with their decisions, and that is not their job. Their job is to act in the best interest of the community as a whole. Favoritism and selective enforcement is a common feature of just about every community, the only way to end it is to hold the board accountable to their actions and recall them from their position of power.

    I cannot do this for you it must be done by the members of your community. Even if i could get more laws changed to better protect homeowners association, management companies and the attorneys that represent them both will continue to ignore those laws because that no-one is around to enforce them other than homeowners who cannot afford legal battles against the association that uses your money to defend themselves.

    You basically have two options work to get your neighbors engaged in addressing the issues in your community or move.

    Dennis

  2. Tanya

    THANK YOU DENNIS for your quick and insightful response.

    I have done my best to bring light on this blatant HOA BOARD’S MISUSE & ABUSE OF POWER and motivate fellow residents to take action before it is too late. But, most are AFRAID OF RETALIATION!

    The magnitude of damage that’s already been done and is coming is terrifying! It involves a potential of +$500,000 in extra expenses past down to our current residents!

    Most of us would have nowhere to “MOVE” as we can’t afford to live or move anywhere else. We bought in long ago when prices were low enough to afford and are now on fixed incomes. So, moving is not a solution. It seems there is NO SOLUTION for many of us.

    I am only one person without resources trying to take on a deceitful BEAST with multiple arms and hiding in the dark!

    I believe most of the board members are both new residents and naive followers, causing severe consequences just the same. They are definitely not acting in our best interest.

    The President of the HOA and our present Treasurer however, have INTENTIONALLY SOUGHT to “Personally-Benefit,” ENCOURAGED & ALLOWED “Conflict-of- Interest,” and taken calculated actions to DELIBERATELY IGNORE and unempower our CC&Rs and Bylaws.

    In addition, the Treasurer has continued to ARBITRARILY HARASS and DISCRIMINATE RESIDENTS, he dislikes, with our rules.

    The President just quietly & mysteriously sold her home last month and left the state. She literally hid from residents and refused to speak to everyone who came to her door with questions. She slid away in the night, without saying goodbye or having given any clarification to residents before she left.

    IF THIS IS WHAT HOAs CAN “GET AWAY WITH,” THEY SHOULD NOT BE LEGAL NOR ALLOWED TO OPERATE! Too many HOMEOWNER’S INVESTED MONEY is HIGHLY VULNERABLE TO CORRUPTION!

    I apologize accidental typos.
    (Ex. changoling=> changing)

    1. dennisl

      Tanya,

      Trust me when i tell you that i fully understand your situation and how you are far from being alone in this state. I fight the major players behind these organizations every day. There is a lot of money to be made by the HOA industry ( community managers, builders, realtors, and most of all attorneys). That industry is represented by paid professional lobbyist with unlimited resources to buy legislators votes and to block any legislation that is based on protect the rights of homeowners. This is what I do while i win some i lose to the HOA industry far too often, not because i cannot muster enough votes to get any legislation passed but because the HOA industry has simply focused their efforts on a few very powerful individual Senators with the ability to kill any legislation without putting that legislation to a vote of all Senators or Representatives. One organization AACM (Arizona Association of Community managers) based on their very high priced lobbyist has the ear of the Governor and can get him to veto any legislation that i manage to pass thru the two chambers. This dynamic will never change unless i can get 10,000 active supporters for HOA reform to have their voices hear. I currently have 750 people who have joined my organization but less than 100 that actively support my work with the legislature.

      If you believe that i could help your community by speaking to your community I’ll gladly travel to your community to do so at no charge. All of my support is free to anyone that ask. All I ask in return is that you agree to help me help others by supporting my legislative activities when appropriate.

      I truly believe that we can make a difference and protect the fundamental rights of homeowners and make these communities places where we can live our lives in peace and raise our families in safety. But we have to stand up and make our demands heard by our legislative leaders and drown out the money and influence of the HOA industry. The most valuable commodity of any politician is votes if we can demonstrate that we have to votes to affect that politicians ability to be re-elected he will listen to our plights and work to resolve those issues. 100 people in a State of 7.5 million people simply is totally insignificant.

      Dennis

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