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HB2298 voting question

Hello Dennis-
I am a new member to this group and so frustrated with my HOA concerning their handling of HB2298. A special meeting has been scheduled to vote, next month.. yes they are cutting it close to the June 30th deadline. My question is…if the vote does not hit the quorum needed, does the HOA have the right to reschedule the meeting?, or… does it count as if the HOA has not voted, and in this case need to register as a non vote to the county… giving the HOA no control of our public streets? . in other words does the HOA have the right to keep rescheduling the vote until they get the vote outcome they want? Of course they want to continue to control of our public streets.
thank you in advance for your response..

8 Responses

  1. Dennis Legere

    Ed,
    Good question. If a quorum is not achieved, the meeting is not held. The association is free to reschedule the meeting as many times as it wants until a quorum is achieved and the vote is held. But once a vote is held, the results are final, and the association cannot keep trying until it gets the results it wants. I want to take this opportunity to inform everyone once again. The association never really had any authority to regulate streets that they did not own, and I strongly advise everyone never to give the association authority to regulate your lives that they do not have the right to. It is not a matter of whether they will use that authority against all of you, but when. Cities have been regulating city streets fare longer then any association has ever existed and they will provide for street safety far better and more fairly than any association board ever will.

    Please, this is your opportunity to free yourself from a tiny aspect of tyranny. Do not miss that opportunity.

    Dennis

    1. Ed Gamarano

      Dennis- I can’t Thank You enough… This was a HUGE help..

      I do have one more question as I prepare to face the HOA bullies including the HOA Lawyer who is expected to be present at our next meeting… I guess I am causing to much trouble 🙂

      is there somewhere I can look up to find what % of HOA’s in Maricopa have already voted on the HB2298 bill to NOT have their communities private streets still regulated by the HOA? I expect, or hope the HOAs who have already voted on this to be high… at least I hope…

      Thank You again-

      1. Dennis Legere

        Ed,

        Sorry but their is not even a directory of the actual number of these communities in either the state overall or any county. While the number of associations are greater that 10,000 state-wide from a survey conducted in 2016. There is no actual data base on these communities at all and particularly about any aspect of classification of these communities.

        Dennis

        1. Dennis Legere

          If you want proof simply drive through any community that has public streets that is not in an HOA and see for yourself if parking issues are present, that would constitute a safety issue for that street. You will not find any because the City ensures that will be the case. The arguments from the board, community managers and attorney are nothing but scare tactics to retain association control. If a problem develops a simple call to city code compliance will address the issue. If people park in posted no-parking zones their vehicles will be ticket or towed by the police, which the community has no authority to do on property they do not own.

          Dennis

          1. Ed Gamarano

            You are FANTASTIC and a are TREMENDOUS help- THANK YOU..
            for the 1st time I am excited to attend our HOA meeting and make them hate me more … LOL…

          2. Dennis Legere

            That is what we are here for. Just remember it is not about hate or making trouble it is about truth and common sense which these communities have so little of.
            Dennis

        2. Dennis Legere

          If you want proof simply drive through any community that has public streets that is not in an HOA and see for yourself if parking issues are present, that would constitute a safety issue for that street. You will not find any because the City ensures that will be the case. The arguments from the board, community managers and attorney are nothing but scare tactics to retain association control. If a problem develops a simple call to city code compliance will address the issue. If people park in posted no-parking zones their vehicles will be ticket or towed by the police, which the community has no authority to do on property they do not own.

          Dennis

      2. Cassie Smith

        Hello Ed,

        I am in the middle of a bigger fight with this. Would you mind sharing a copy of your ballot? I would love to see to content. Do you know if your board voted in open meeting to publish the ballot? I would greatly appreciate a copy. If you don’t have one, you can email your HOA a record’s request asking for a copy of your ballot and the original published ballot. My email is CoronadoRanchVoteWatch@gmail.com

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