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HOA community in disrepair

Hi, I recently purchased a condo within the Hallcraft Villas East Five community managed by Vision Community Management and am concerned about where the funds of the community are being allocated. I recently tried attending an HOA meeting where only 2 members were present. No other owners were on the call. The community is completely trashed and has been for many years. The community is supposed to take care of the exterior of the units and they have not been doing so for years. There are units that look like they should be boarded up or torn down. Many violations that the HOA has ignored. 2021 financials report that they are raking in over 550k a year. The community though is a complete disaster and has the following issues.
People parking in your assigned parking
Cars alongside sidewalks
Cars parked in front of doors and not in assigned parking
Broken windows
Broken gates
Cracked stucco
Potholes
Abandoned Cars
Homeless encampments near dumpsters
Unmatched paint
Gates in disrepair

I’ve put in requests and they go ignored.
What can I do?

James Pineda
jimmyp1024@aol.com

3 Responses

  1. Dennis Legere

    James,
    I would start with a request for the yearend financial statements for the last two years and then the required audit, review or compilation reports for the last two years. Submit this request in writing and the association has 10 business days to provide you access to the reports. Vision does a typical monthly “budget comparison report” and the December report is what you can expect relative to the initial request. The association is also required to have the annual monetary review performed every year and must be available to any homeowners within 180 days of the end of the fiscal year. From here you should be able to see how much money came in in assessments and where it was all spent. You can then investigate further thru more detailed tabulation of any particular suspect areas later.
    The association also has a duty to manage the community in accordance with the CC&R’s you need to read them and fully understand what they say then bring up any issue contrary to that document at the next board meeting. They need to explain what the board is doing about those issues and why they are or are not enforcing the requirements of the governing documents. Don’t expect any real help from Vision their community managers are nothing but puppets who repeat what they were told to say. Most have never read the law or the governing documents for the communities that they manage. While Vision does have some redeeming qualities, they are only as good as the individual managers and in all my dealing with that company have only had one good experience with an individual manager.
    If the board refuses to provide you the requested documents or to answer the questions relative to CC&R’s violations that they are doing then your only recourse is to take legal action against the bord to compel them to do their job and comply with the law or the governing documents. You can do this via the ADRE dispute resolution process or by suit in superior court. In either case you need to have your facts and arguments in order do not try to get resolution because you believe that something is wrong. You either have proof or you don’t the burden of proof will be on you and not them.
    Let me know what happens from your request and issue identification and we can go from there.
    Dennis

    1. James Pineda

      Thank you for the information and sense of direction. I emailed the HOA per your suggestion 14 days ago without a response. What would you suggest I do after no response from them.

      Best,

      1. Dennis Legere

        James you have two choices, you can continue to ask them politely for the requested information or you can send them a reminder that they have violated the law by failing to respond to your records request withing the state required 10 business days and if they do not provide you the requested information you will file a petition to ADRE relative to this clear and intentional violation of ARS 33-1805 and an Administrative Law Judge will force them to provide the legally requested information and they will be responsible to pay you filing fees and any fine the judge feels appropriate based on their intentional violation of state law. They will also incur any legal fees from their attorney in contesting this clear violation of the law. Make sure that you have copies of all written request you provided along with the dates and any person that your spoken to =on this matter. Obviously if the communicated with you in any way then keep a copy of that correspondence or record of that phone call with vital information like time and date and who call along with what was stated.
        Dennis

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