Attached is an article from a Homeowner on their perspective of their community. You will find that it emphasizes the impact of the Board’s advisors on the quality of life in these communities. It has long been my belief that Community Managers and Attorneys need to either be part of the solution to make these communities better places to Live or they are the problem.  My top priority legislation for 2026 will be one that clearly established the duties of the board of directors to the members of the community that are well established in both Common and Case Law but are never shared with the boards by these advisors. This legislation will have consequences for any paid board advisor that based on direct advise or actions of the Attorneys or Community Management Companies causes the Board to Breach their Duty to the members. Until the homeowners in these communities’ demand reform from their legislators on the governance of these communities, nothing will change.

A Homeowner perspective of “The Reality of HOAs and Homeowner Boards”

Hindsight is 20-20 when it comes to purchasing in an HOA controlled community. With the accumulated knowledge and
experience of residing in such an environment, I would not have purchased in any HOA community; let me tell you why.
Don’t get me wrong. There are so many things I love about where I live the weather, the location, my home, my neighbors, the
proximity to everything I need. I am happy to pay someone else to maintain the property and have access to lovely amenities all
of which enhances the quality of life we crave. Sounds perfect, doesn’t it?
Yet, Having experienced over a decade in my HOA community, I’ve come to despise HOAs; especially, our morally bankrupt Board of Directors. They’re self-serving, consumed with personal agendas; losing the very fabric of fiduciary responsibility and
advocates for their constituents [the homeowners]. The Transparency is a thing of the past. They’re cavalier when it
comes to following the Arizona statutes and the community governing documents. Our HOA community has been under both a developer and owner controlled HOA therefore, I’ve experienced both types. In both cases, the homeowner[s] are ignored, unless it conforms to their
way of thinking/doing business. In any successful business environment, the executive branch most always seeks the feedback
of its lower levels before changing its operation; not here! Decisions are made through back room deals avoiding the quorum
exposure; it’s just a formality at the open meeting. What’s galling, the board votes prior to homeowners’ discussions; a
clear violation of open meeting law. The Arizona HOA statutes and other governing documents favor everyone except the contributing homeowner. The only remedies for the homeowner[s] to pursue are purposefully designed to discourage owners from acting when the HOA board does not comply with the law. So, what to do?
Options are such that it will cost the homeowners while the HOA board uses association funds to finance their representation.
The predictable result: the homeowner[s] give up, sell and relocate. We have lost some great neighbors who became frustrated and moved.
It is difficult to get the attention of our State representatives on HOA matters to change the law. Only Dennis
Legere and his Arizona Homeowners Coalition has had some hard-fought success to level the field for homeowners’ rights. This
latest legislative session was not a good one for homeowners. The proposals were stuck in committee; never reaching our advocates.                The Arizona legislature is [now] in recess until next year. Powerful lobbyists representing attorneys, builders and HOA management companies are their biggest donors; that equates to legislative influence. Dennis Legere has done a phenomenal job for Arizona homeowners, but he is just one person with a passion on HOA law. On a positive note, I have come to appreciate the skill and quality our new HOA management company team has demonstrated within our HOA community. The customary HOA turnover to the homeowners did not include the financial audits and structural inspections. Homeowner Board members were stifled from preparing for the turnover by the developer. Following, the new board discovered many things that were neglected and mismanaged; it’s still on-going. Having said that, no audits, inspections, etc., to hold the developer responsible! Thankfully, the current management team has made tremendous
progress in this area. It appears as though transparency is returning. I’m impressed with the subject matter expertise and communication I’ve observed/received. Our previous management team was inept!
Presumably, the HOA board makes all the decisions; yet, they require management and legal guidance, facts and options to make
those informed outcomes to enhance and maintain the quality of life in an HOA community. The way our board is operating,
they’re an obstacle. I’m at a loss! What are they accomplishing when they don’t connect with the very people they are elected to
represent? There are no requirements to be a Board Member, other than own property in the community; no skillset, other than the most
votes. It is an unpaid position with some still working full time in their professions, some retired and some here part-time and/or travel extensively. In our community, the builder possesses enough votes to influence our elections while finishing up the last phase of construction. What can possibility go wrong! Well, here’s one example, Board members being recalled last summer, would have been removed, if not for the developer’s votes.
From my observations, too often board members are pursuing their own agenda and show little regard for others thinking they know better. To the astute homeowner, this behavior illustrates a lack of knowledge, insecurity and high need for recognition. If I knew all this before I purchased here, I would have sadly kept looking elsewhere, even though it is a beautiful community. I don’t believe homeowner boards are effective or efficient; in our community, it has done more harm than good. My advice to potential homeowners is to avoid HOA communities; and if you find one that you feel you can compromise, read the fine print, the governing documents: CC&Rs, Reserve Studies, Financials to get the real picture before you sign on the dotted line. It’s the best you can do.

All The Best; You’ve Been Enlightened!