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Lack of Communication

My neighbors and I live in the Canoa Ranch Master Community Association here in Green Valley, AZ. The declarant (Fairfield Homes) who started this development in 2003 sold out to Meritage in about 2005 or 05. Then repurchased the development in September 2022. The build out of homes is 845 with 509 currently built and occupied. There has not been an annual meeting since 2019. We were promised an annual meeting in March or April 2023. None took place. On another note each year Cadden Property Management produces a budget for our association. This process used to be done in cooperation with the homeowners committee. That stopped two years ago. However the budgets still come out and when transposition, addition, and other errors are noted the homeowners are just brushed off. There are five (5) neighborhoods in the Association and the maintenance contract for each neighborhood and the cost of the contract is different for each neighborhood. Homeowners has submitted documentation on the issues and they have never been corrected. This is an association that has been in existence for ten (10) years and will not be finished for another ten years. We want our five neighborhoods (509 homes) which are built out to be separated from the Association and allowed to become our own self governing HOA.

1 Response

  1. Dennis Legere

    Eric,

    What you are experiencing is what is known as the period of declarant control where the Declarant is granted by himself a dictatorship over the community. The members cannot elect a board and have absolutely no say in the operation of the community. This is ripe for abuse, and from what you have described I’ve seen even worse abuse by declarants. and I’ve tried to provide legislation to address this for planned communities all to no avail. There are in fact laws existing limiting the period of declarant control for condominiums but not for planned communities. I’ve drafted legislation to address this and have pitched it to legislators in the Queen Creek Are and Oro Valley are based on specific community issue in those districts. If you want to protect and establish your right to self-governance of your communities, then you need to write your legislators and ask that they sponsor legislation to protect that fundamental right. Have them get their assistants to call or write me at the e-mail address above and I’ll gladly meet with them and explain my proposed solution. Remember Declarants have rights too and my proposal strikes a balance between homeowner rights to self-governance and the right of the declarant to complete the development and sale of the community without interference from the association. This is a far-reaching issue and a significant problem for many communities.

    Dennis

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