Tatum Highlands Abusive HOA
I am writing to you on behalf of myself and other concerned homeowners at Tatum Highlands, a community that is facing an unfair and oppressive HOA board. We are seeking your help and support to restore our rights and dignity as residents of this neighborhood.
We have been living in this community for many years, some of us for over two decades. We have always respected the rules and regulations of the HOA, and contributed to the maintenance and improvement of our common areas. However, in recent times, we have witnessed a drastic change in the attitude and behavior of the HOA board. They have become arrogant, dismissive, and insensitive to the needs and concerns of the homeowners. They have imposed arbitrary and unreasonable rules, fines, and fees on us, without any consultation or justification. They have also discriminated against some homeowners, while favoring others. They have shown no regard for the diversity, history, and culture of our community.
Some of the examples of their unjust actions are:
Removing palm trees that have been part of our landscape for over 20 years, and fining those who refuse to comply.
Banning grass from our yards, even though we have golf courses around us, and threatening to fine those who do not remove it within 3 years.
Enforcing paint colors that are different from the ones we have used for years, and fining those who do not repaint their homes within a year.
Selectively enforcing dormant rules that have never been applied before, and penalizing homeowners for minor violations.
Treating homeowners with disrespect and contempt, and ignoring their complaints and suggestions.
We have tried to voice our grievances and seek a peaceful resolution with the HOA board, but they have refused to listen or cooperate. They have even insulted and humiliated some of our homeowners, including veterans who have served our country with honor and courage. We feel that we have no choice but to take action against this tyranny and injustice.
We have started a petition to remove the HOA board and elect a new one that will represent the interests and values of our community. We have gathered over 200 signatures from our neighbors, who share our frustration and anger. We are asking for your help and support in this matter, as we believe that you have the authority and influence to intervene and make a difference. We are not asking for anything unreasonable or extravagant. We are simply asking for our rights and dignity as homeowners to be respected and protected.
This was briefly on the news, you can watch the video here…
Also some HOA Committee Members tried to intimidate us while trying to gather signatures…
We have tried to let neighbors know about our petition, and make people aware, but we keep getting our posts taken down on Nextdoor as well…
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Thomas,
Can you send me a copy of your CC&R’s and Rules and ACH standards to the e-mail above. I’d like to look them over and help you address your issues. While this may be driven by individual board members i suspect that the management company and the attorney are at the root of this issue. We need to find this out before we seek to recall your board. If it is the management company or law firm than those same influences will impact any replacement board that you elect. How large is the community, you stated that you collected 200 signatures, what did that petition say. To do a recall you have to petition to hold a special meeting of the members for the purpose of recalling board members X, Y and Z by name. The petition must call for the special meeting it cannot call for the recall of the board. Let continue this dialog via e-mail and I’ll gladly travel to your community for an informal meeting of the members to discuss your options and how bees to address your concerns under the law. Getting publicity is a vey good first step. Do not turn in any petition until I get a chance to see what exactly was written on each sheet. Sometime just the threat of a recall brings the board back to common sense, but not always. What you submit and when is critical to success so that is why I’d like to discuss this further off line and maybe face to face with you and other members in your community.
You seem to assume that I have some kind of authority over these communities I assure you I do not but I do know the law governing these community and can help you understand that law. We are not attorneys and cannot give you legal advice but we can share anything and everything published either in statute or common law and local case decisions.
Dennis
Dennis, I will send you the CC&R’s today.
We have 1435 Homes.
We have threatened a petition to remove the board, but the president and board members scoffed at it, and told me at the meeting (which I have a recording of) that they plan on fining everyone that has a front yard palm tree, which there are over 100 homes with palm trees on the southside of Jomax alone, and on the northside I estimate another 50-100 homes with palm trees, That have been in the ground between 5-20 years. But there are hundreds of residents with palm trees who have not received a warning, violation or fine.
Before and at an open meeting they actually tried to prevent me from speaking on a deed technicality. Where the Maricopa County Accessor didn’t have the correct documents uploaded.
When I purchased the home, we put it into a trust to protect my assets. Long story short, my father trustee, and beneficiary (me) were at the meeting, we gave them signed permission for me to speak on my father’s behalf, my father was also in attendance and also gave a verbal approval for me to speak on all matters on his behalf. They demanded the document from my father be notarized and prevented me from attending the meeting for 10 mins, while my next-door neighbor came to the meeting who is a notary and notarized the document and then they let me speak. They also did not audit or check anyone else’s deed information when they came to speak, only me.
When the community manager demanded a document from my father allowing me to speak for him, she failed to mention the document needed to be notarized. And she claimed at the meeting the attorney said it needed to be notarized.
We also have 700,000 in reserves, but they raised the dues…
Thomas,
There is absolutely no requirement for any designated individual assignment to be notarized in any way. The only requirement is that a homeowner identify someone to represent them at a meeting or any other tasks other than voting in writing which can be a e-mail or on the back of a napkin. You community manager and attorney are both FOS. I also expect that the attorney was never even asked, so only the community manager is FOS. The law is clear “written” only.
Dennis
Both my parents who are trustees and on the official deed were there, they gave me both written permissions sent via email the day before, and they were giving verbal permission when they were in attendance. I have a room full of witnesses to this as well. The entire board and the community manager Leanne Diliberto did this. She told me via email, it only needed to be in writing, and then in person, she claimed it had to be notarized. I knew she was full of it!
They made me wait outside until my neighbor came who is a notary. We really need help with this crazy board!
I received another fine for my palm trees today, so did my across neighbor while many other homeowners with palm trees received no fine! I’m up to 500 dollars now in fines.
What they did was wrong, all that was needed was written authorization. Are you and Gayla in the same community? Get a meeting of your neighbors together and i’ll come to your community to meet with all of you and work out a plan for your to work thru your problems with your association.
Dennis
No my mother lives in Scottsdale in Vista Del Rincon, and has been the HOA president for 21 years there.