Is there an entity that oversees my HOA Board?
My HOA board is making me very unhappy. I have my reasons. Is there an entity I can complain to that oversees my HOA board in AZ? An entity that could mandate them to actually do their job? I’m in Oro Valley.
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Kellie,
Your association board has absolutely no obligation to make everyone happy, their only obligation is to act in the best interest of the community as a whole. Any board that tries to make everyone happy will fail miserably. That is simply human nature, we have only ourselves to make us happy.
There is no organization overseeing HOA or Condominiums in Arizona. What are your issue and concerns? Maybe I can provide you some advice that helps you understand and deal with your association board. Or clarify the laws governing these communities.
Dennis
Thanks for responding.
The HOA board consists of 5 members and 4 of them live in this small 24 unit complex. There are 16 units being rented and the rest are owner occupied I was told. I just bought this condo in July 2022 so I’m new. There is no website. The board does not post meetings, the board does not post minutes, the board does not respond to emails. The last meeting I was told by my neighbor a board member would be on Saturday June 3rd at 11am by the pool area. I went to the pool area at 11 am and no one showed up. I went back up to my condo after waiting for 20 minutes at the pool and I sent an email to the board asking if the meeting had been changed to a different time and that I was there waiting. On the same day,I received a voice message at 1pm stating the meeting time had been changed to 2pm. I was given an hour notice. I could not attend.
There are so many issues here. This place was built in 1959. It looks like it was built in 1959. It needs updating and maintenance. For example, the pool needs to be re-plastered It is stained although the board told me it is “clean”. There is a medium sized storage area that only the president or board members have access to I was told by a board member. It is locked. I would like to see the inside of this area, The driveway is full of potholes. The board chose to not get fiduciary insurance which is stated in the rules. I know this because when I tried to buy my property my mortgage person told me that the HOA needed this before I could get the loan. The board said they would not agree to purchase this, so ultimately the seller of my condo had to buy a year of this fiduciary insurance which is about to expire this year in July. There are other issues.
This could be a fantastic complex a place where people may actually want to live. It’s in a great location. But it needs to be updated and then maintained which is not being done. Some solutions, I think a website where people could report maintenance issues and where board meetings and minutes could be posted for all to see would build trust and respect. I’m about ready to move out because I feel like nobody is listening to me yet they’re taking my money every month. Thank you.
Kellie,
It sounds from your discussion that you live in a condominium. The issues relative to meeting notices and responsiveness and transparency are why we have open meeting laws in this state relative to these communities. The association is required by law to provide notice of a board meeting time and place 48 hours prior to the meeting. This is not optional, they can either hold the meeting as noticed or delay the meeting 48 hours to allow for a new meeting notice.
As a condominium from what your described there were many reasons why you were not allowed to a conventional mortgage besides insurance including the amount of units that are being rented. It is the fiduciary duty of the board to maintain liability and property insurance for all common areas. No matter what the so call justification of the board to not do so is a breach of duty on their part and they could each individually be held liable for that breach of duty. I’ve no idea what you are referring to relative to “fiduciary insurance” and cannot understand how you were able to get any insurance over common property. Obviously, you can get insurance to protect your unit and anything that you would be personally liable for.
Many small communities do not have websites but because they are small, they may not need them if people simply talk to each other. The key to issues facing your community is involvement by the owners and holding your board accountable to do the job you put them in that position to do. If people don’t get invoved or don’t care, you get what you pay for. Talk to your neighbors, they see all the same things that you see and if the board does not listen remove them from office and replace them with members that will.
Dennis
Thanks for the response. What do I do if they don’t comply with the meeting rules? Is there someone I can make a complaint to? I am going to notify them today about the meeting rules I don’t expect they will comply however. They have shown nothing but inconsideration to myself and most likely others.
Kellie,
Unfortunately, the only way for homeowners to enforce the law is either thru the court system or the ballot box. If the board refused to comply with the law then you can organize a petition for a special meeting of the members to recall the board. The law also provides for a dispute resolution process administered by the Dept. Of Real Estate that allows your case to be heard before an administrative law judge. The burden of proof is on you to prove that the association either violated the law or the governing documents. This process will cost you $500 per issue raised as an application fee.
Dennis