Hoa refusal to let me speak
I went to my February 2025 HOA meeting to explain a violation by my neighbor that affects my property. I filled out a request to speak form, but when it was time, he simply waved the request to speak form and said we have this we will discuss in closed session. The issue was not cut and dried and needed some explanation and possible ways I would be willing to compromise. I found out from my management company that they had asked them to screen my view. However; knowing the taste level of my neighbor, I knew this would not end up well and it didn’t. My neighbor moved a free standing pergola up against our wall. Not only does the pergola need repair, they are prohibited by our CCRs. So now I am dealing with 2 violations. I tried to explain my position in various emails asking for compromises, instead I have been told they are tired of hearing about this! They violated my rights and their duty to enforce our CCRs and Bylaws. Help!!!!
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Jill,
You have the right to file a petition with ADRE for an ALJ to hear your case and if you can convince that judge that the association violated their obligations under the CC&Rs then they will force the association to comply. For the record violation issues are not personal information and cannot be discussed by the board in executive session unless the affected homeowner specifically request their appeal to be heard in closed session. Before you file a petition please send me your CC&Rs, I’ll look them over and guide you as best i can.
Dennis
The ADRE costs $500 to file and the site specifically says they cannot force the HOA to enforce Bylaws. Unless I hire an attorney there is nothing I can do about them violating ARS33-1804. They say they will allow me to speak at the next meeting, but they already made their decision, so what is the point in that? I think they are just covering their butt. Since I came forward on our website, other people have also come forward with really aggregious situations that the board has chosen not to enforce.
I can send the CCRs but is there a way to make them follow the rules here? They act as if they are an untouchable island unto themselves.
Thank you for any help you can offer.
Jill
I sent you a PDF copy of the bylaws. In addition to violation of ARS33-1804, they are allowing things outside of the CCRs and Bylaws.
I have attached pics of the pickle ball court with 15 foot tall led lights and another of a huge shed visible over fence. My issue is nine 11 foot poles against the party walls. When someone complains, the board will retroactively approve the violations so they don’t have to enforce the rules.
Do you think ADRE can help?
Thanks,
Jill