Consequences for violating AZ Condominium Act
Hi Dennis,
Why aren’t there any stiff consequences for board members that choose to violate the ARS in regards to the Condominium Act? It take practically an act of God to bring any end to the blatant violations of the statutes, and thus a lot of turmoil in the community while they are running out of control. Removing board members for violations of the Condominium Act should be automatic. I know there are learning curves with new members to a board, but I also know that many attempts are made by members in the community to put an end to the violations of the laws before one finally snaps and files the complaints with the AZ Dept. of Real Estate. It is costly for a person on a fixed income to file these complaints and for many members of the community the process of the ADRE complaint is very intimidating and therefore not even attempted, thus allowing the roughshod behavior of rogue board members. Personally, I don’t believe associations should be allowed to hire attorneys to fight the cases before the ADRE because they then have an unfair advantage. Many individuals simply do not have the funds to hire attorneys, and therefore justice is more likely for those who can afford it which is not justice at all.
About Post Author
2 Responses
Leave a Reply
You must be logged in to post a comment.
Lisam,
What you believe should happen as for accountability in the governance of these communities is good but totally irrelevant unless the laws can be changed in a way that will create this accountability. That is exactly what I do and have been trying to do with this coalition for over 8 years. All six of my currently drafted bills for next session will have accountability provisions that do not need litigation to enforce. You will never in this country unless you’re willing to eliminate the constitution. Every association is entitled to legal counsel in any action against it as are you. Unfortunately because they use your money to pay for that service is the issue. I actually have one bill that will require associations to get homeowner approval prior to engaging legal counsel services beyond the budgeted funding.
If anyone want to change what is happening in these communities they need to join this coalition and work to support any legislative actions that I try to move forward each yer.
Dennis
Thank you for ALL that you do to make better change. I understand the need and will do my best to keep getting people involved.