Illegal Executive Board Meeting
Hi Dennis…sorry to have to bother you again. Is there an agency or department in Arizona I can lodge a complaint regarding an illegal Executive Board Meeting
our Board of Directors held? The subject matter listed on the agenda for this Executive Meeting did not meet the exceptions in ARS Title 33 requirements. It
also did not list the specific exception or any of them for that matter that applied to the agenda items. The agenda items were:
Management Contract Addendum & Light pole repair proposal.
They voted in this meeting to approve the Management Contract Addendum. Unanimous vote to approve it. To make matters worse, the Management Co. sanctioned the meeting.
Would the Attorney General’s Office or AZ Dept of Real Estate or some other entity investigate this type of complaint?
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Kathy,
There is no state agency that will investigate any violation of planned community statutes. You basically have two options hire an attorney and file suit against the association for violation of the open meeting laws, or pay $500 and file a petition to the Department of Real Estate to have a hearing before an administrative law judge to claim that your association violated the open meeting law. The burden of proof for that hearing would lie totally in your testimony and evidence. While I’ve typically recommended that homeowners use the ADRE/ALJ process whenever possible as a lower cost option, several recent decisions by various ALJ’s have caused me to lose all confidence that any homeowner can get a fair and impartial hearing by any ALJ. The current ALJ’s simply kowtow to the arguments of the attorneys and the homeowners lose. The current director of the agency is unwilling to provide better training for the ALJ’s to improve their understanding of property servitude and planned community and condominium law. This process is a total waste of time and money for all homeowners and leaves all of use with no recourse other than more accountability in the law or superior court suits.
In your case what the association did, violated the law but surely does not warrant 10’s of thousands of dollars in legal cost to pursue.
Dennis
Thank You Dennis.