Time to Bring in Board of Realtors?
Through our community runs a major wash that conveys water from the adjacent mountain into retention basins just beyond our property, then is released, as needed, into the Western Canal. The original developer lined the wash with grass and provided an irrigation system for upkeep. It is detailed in our initial filings with Maricopa County as well as in our CC&Rs that an HOA will be established for the community and it will be the responsibility of that HOA to maintain the wash in the condition under which it was developed when the time came to transfer responsibility from developer and/or declarant to the homeowners. In 2006, the HOA Board of Directors, or one Director acting independently, made the decision to “cut off” irrigation from that wash and the land was allowed to dry out. We lost vegetation which resulted in significant erosion to the point of undermining sidewalks and retaining walls and which has brought 2+ feet of sediment into the channel, completely filling the Grade Control Structure constructed during initial development that was to control the rate of water flow in the event of a major flood event. We have lost trees, shrubs, grasses and bushes without replacement, which is a condition of covenant for our HOA to follow. We have failed to remove fallen leaves and limbs; failed to remove construction debris and other waste items; we have failed to control for weed and invasive plant growth; we have failed to protect against invasion by insects and rats. This issue has been escalating. This escalation resulted in the formation of a Special Committee in 2020, working under a Board-crafted Committee Charter. The committee activity was limited, primarily due to poor communication by its Chair, who was also a Board member, an individual who has gone on to become our current Board President. In January 2021 the now Board President announced that he was giving over wash and drainage responsibilities to our Management Company and was dissolving the Special Committee. Upon seeing no advancement of the project under the new terms, a petition for action was expertly crafted by community members, signed by community members and was mailed by certified letter to the Community Manager, addressed to the Board of Directors in May of this year. Conditions were clearly stated, the first of which was to include the topic on the May Open Board meeting Agenda, followed by a dedicated and committed plan of action enacted by July 30. The topic was discussed in May and the Charter for the Committee was approved; three members were appointed, leaving two unfilled; a verbal request for applicants was made at the conclusion of topic discussion without any instructions as to how to go about making one’s desires known; no email follow up was provided for solicitation or clarification of the application process. The topic was not included in the July Agenda, though, in fairness, that meeting did take place prior to the 7/30 deadline. Two community members had appropriately filed their applications to be considered for the Committee prior to that July meeting, yet the topic was ignored. Thirty seconds were dedicated to the topic during the August meeting, at which point the Board President asked for an additional 4 applicants to round out the 7-person committee, that number being an error according to the Charter he crafted and the request ignored the fact that two applications had been sitting on file since July. Further, he ignored the raised hand (Zoom meeting format) from a community member who I know personally and who was ready to correct his error; he immediately called for a motion to adjourn. Emails have been sent to him from two community members that I am aware of, personally, addressing his dismissal of the topic, but we have yet to succeed in advancing action of any sort. I have reached out to city and county departments for guidance and have found that there is really none to be had. My question after this long introduction is whether you are of the opinion that it is time to file this complaint with the Board of Realtors?
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Rhonda,
The only issue you have is that the wash needs to be maintained to protect the remaining property and for flood control. The decision early on to stop the irrigation and maintenance was improper and unwise and as you stated has cost the association (all of you to pay for repairs that could have been avoided if the original status of the wash had been maintained. But that is in the past and cannot be undone. Or at least until the wash is restored to the original condition and then reseeded and the grass irrigation restored. While the board is clearly not taking their responsibility seriously if you tried to bring this to ADRE they will make up some excuse and claim that they are trying to address the problems but need more time. They will probably win that case not because they really are but because there are, no clear violation of the requirement of the association to maintain the wash.
Your best bet is to report the situation the county water and flood control district commission and ask them to investigate they review the situation. if the condition of the wash is deteriorated, they will require the association to restore the wash to the original condition and provide them a deadline for getting it done.
Dennis
Thank you for your guidance on this, Dennis. I definitely see your point as being valid regarding our likelihood of winning with ADRE, so we will hold onto our money and not go that route! We have reached out already to the entities you suggested. It sounds like we have taken proper measures and it is now up to us as homeowners to make our wishes heard by our own BOD. I appreciate the time you have taken to clear up many of the questions we have. Your work is extremely valuable to people like us!