HOA Declarant Control
My condo HOA (established in 2000) declarant keeps buying and selling previously owned units in order to maintain his declarant control. I was under the impression from the statute that his control ends 4 years after ceasing to sell any furhter units. I interpret this to mean selling orginal unsold units, not units he buys and sells to support his leasing operation. I can find no reference to this in Arizona statute. The management company (HOAMCO) insists that the declarant has “renewed” his declarant control. Is it time for an HOA lawyer? Thanks to all.
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I have had same issue for years. The last update that Dennis provided indicated that even though AZ law specifies when Déclarant control ends, legal action is usually required to enforce the change.
Maybe Dennis has an update as I asked back in 2023.
There have been no changes to the Declarant control statutes since 2024. I propose new legislation every year, as this concept of tyrannical and abusive control is un-American and an affront to “Taxation without Representation,” which was why this country was founded in the first place. I’m working on an entirely new approach to the problem and hope to find traction next session. The greatest power any citizen of this country has is the power to vote. How you vote and who you vote for make a difference. You will get a chance to elect your entire legislative body in November. Vote wisely, and if you have an opportunity to speak to any candidates, ask them about working on legislation that protects the fundamental rights of homeowners in these communities and not the tyrannical and unreasonable control of the builders’ associations. I really don’t care if you are a Republican, a Democrat, or neither. All that really matter is that your legislature is there to protect your right not the desires and money grab of special interest trade organizations.
Dennis