Enforcement
Dennis,
You answered a question for me a few months ago regarding vote auditing in an HOA…very helpful.
Here is another.
My HOA had a vote to change / add items and procedures to the CC&Rs that essentially added more
authority to the board by retention and use of a law firm to enforce neighborhood issues / violations
they deemed important. The law firm revised and amended the existing CC&Rs subject to a vote of the association residents. Passage authorized any / all legal fees incurred to be borne by the entire community,
then added equally to the quarterly assessment of fees. And yes, it did pass but that is another story.
This vote and tabulation took place in late July, 2020. Recordation of these CC&R changes was filed sometime later at the county recorder but officially recorder in July, 2021. Question: Would I fall under the existing CC&Rs enforcement policies at the time of a violation in October, 2020 or can they immediately employ the new, hardball legal firm for enforcement prior to official recordation in July, 2021?
This has been a two-year experience that is now entering the mediation phase. Currently looking for a couple mediators to submit to their attorney. I recently was denied an HOA hearing because no board member would make a motion to hear my presentation because I requested witnesses, a recusal of a board member who had previously made his opposition known via email, and resident members who wanted to
speak on my behalf.
You input on this would be most appreciated.
Thank you,
Bob
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Bob,
It continues to baffle me why homeowners continue to give away their right and give more power to association boards and attorneys by approving such amendments. You will all live to regret this. Never ever trust what an association attorney does or says, he does not represent you and is not there to protect your interest. He only represents the association as a corporate entity and what is best for the corporation is NEVER best for the homeowners. I and the law cannot help you when you all do these things to yourselves.
Sorry I had to get that out. Your revised CC&R’s are only effective once it is recorded and cannot be applied retroactive to any issue before that date.
Under current Arizona law if you request a hearing relative to contesting a cited violation YOU have the choice to have that hearing in open or closed session, not the board. If you are denied that hearing the association cannot apply any fine or other enforcement action against you. In your hearing any other concerned member must be allowed an opportunity to speak before the board votes on the issue. This is all in plane language and clearly stated in the law. This should not be so hard to get across to boards, community manager, or worse yet association attorneys.
Dennis
Dennis,
Apologies for not getting back sooner, but please know your information was the highlight of this entire ordeal….much appreciated!! There is light at the end of that tunnel, got to just make sure the train isn’t running.
I was waiting to hear from the HOA as I thought they might have given themselves a way out based upon your points above. Alas, no such luck but did get notice they monitor your site, comments and questions. No surprise. There have been very recent developments on my issue with them and their attorney but wish to give you a complete picture via your gmail address on this site. I will direct future information to you there.
Thanks again Dennis,
Bob