Homeowner
My HOA has targeted us and continuously threatens us for infractions by fines. We are new to the development and have noticed that others are allowed certain liberties. We were forced to sell our RV during COVID because there were absolutely no storage facilities available in Flagstaff, and surrounding areas. We took an $18,000 loss. The President of the HOA has allowed her across the street neighbor to house an RV and ATV (both restricted) on their lot violating the CC&RS. We recently complained against this and we were threatened that if we pursued the issue that they would expose us as the complaintant. The HOA cited the following:
Per Arizona Law (A.R.S. §33-1242 and A.R.S. §33-1803), any complaint lodged with the Association will NOT remain anonymous.
Please bear in mind, in the past when we requested who lodged the complaintant, the standard was the exact opposite. We have been subjected to selective enforcement time and time again. We have both audio and video of the HOA President distorting the truth and demonstrating manipulative behaviors for her own purpose which is later contradicted in email responses from yhe Board as a whole.
Legal representation has been horrible, our lawyer was actually representing our HOA’S Management Company while suggesting that they were representing us. Are we way off by believing that something is very wrong here? May i ask who is the only law firm in Arizona that represents homeowners?
Any assistance is greatly appreciated, we just want to live without harassment.
Thank you,
Flagstaff Victim
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Bernadine,
Sorry to hear of your community issues. Your association board has a duty to treat all homeowners fairly, and while they have reasonable discretional authority in the enforcement of the governing documents, selective enforcement is never allowed or appropriate. They cannot enforce a rule for some but let their friends and neighbors ignore the rules. They have the discretion to consider special circumstances and must apply those special circumstances across the community. The association is correct the law requires the exposure of the individual who identified an alleged violation of the governing documents. but that law is not optional and applies in all cases for any alleged violation of governing documents. You are not wrong in your belief that something is wrong with your community or the legal advice the association gets from their attorney or community manager. That situation is rampant across the State of Arizona, and you are far from being alone.
This is why I created this coalition and fought to change the laws of this state to make it clear that the law and the governing documents are not optional and only for use when they are convenient to the association board. My HB-2410 from this session was exactly for that purpose. You can see that bill under our legislative tab along with our voting and elections bill SB-1364 and our declarant control terminations bill HB-2656. All of them have died for this year but will come back next session until we can finally get the protections from abuse that the homeowners deserve and need from the legislature. While over 2,300 people have joined this coalition, less than 150 actively support the work of the coalition for change. I’ll keep fighting for all of you but nothing will change until more homeowners actively work with me for change and get the legislature attention.
The Law firm I often refer to is Jonathan Desaulles Law Group, they exclusively work for homeowners against their associations. Many other attorneys will represent homeowners, specifically attorneys specializing in Real Estate Law. I advise everyone that if you are searching for an attorney, ask them about their experience in property servitude law before you engage their services.
Dennis
Dennis
Dennis,
I greatly appreciate your efforts and your response. I would love to get involved in anyway that I can. I retired in my mid 40s due to my husband’s disabilities after a surgery gone wrong. I have much to offer, I hold degrees in Political Science, Criminal Law, microbiology and a Master’s in Educational Counseling. I have held positions in Higher Education/Academia and Public Heath and Policy Administration. In addition, I helped my husband with his construction businesses and the property management of numerous rentals. I would love a project where I believe a difference can be made, and I am not afraid of hard work. Please point me in the direction of how I could best serve in this process. I want to make a difference for all those who feel that they cannot fight for themselves.
Again, thank you, and I look forward to hearing from you.
Bernadine France
Bernadine,
Thank you for your note. I could sure use the help and appreciate your offer. We should talk or get together to discuss how best to use your skill sets to further the efforts of this coalition. For now, spreading the word about this coalition within your community and getting more people to join and get involved to help drive legislation that will help everyone is the best help I can get. You get my legislative updates and taking any action requested really helps. Write me at the email of this website and we can talk more.
Dennis