CC&R violations
Is there a provision in state law that precludes 3rd parties hired by the HOA to issue violations and fines without review by the BoD? What would be the best way to get clarification from my HOA on the process?
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William, the association is free to hire a third party to manage the community and help the board in the conduct of their duties. This includes enforcement. The ultimate responsibility for everything still lies with the board of directors for anything that the community manager does. If they steal from the association, the board is responsible for that theft. The association board is required to provide oversight over all actions by their agents and contractors. The law allows any homeowner the right to due process and any notice of violation can be appealed directly to the board.
Dennis
Can the Declarant change the date thier Declarant Voting Status is suppose to end?
When I purchased my home in 2017, I was told that my voting rights would be the same as the Declarant in the next 8 to 9 years. According to the CC&Rs the Declarants Class B Membership which grants 3 votes to my 1 vote. Termination of the Class B Membership was to take effect on the first of January 2025. However this new Declarant amended the CC&Rs changing the year to 2037.
At this rate, I’ll never get what I was promised when purchasing the home. AZ Laws already allows Declarant to continue to build the community without having all the votes.
Jesse,
The declarant does not get the right to amend the CC&Rs to alter a special declarant right without unanimous consent from all homeowners. the amendment that did that is illegal but will require a legal challenge in court to nullify that recorded instrument. While the current condominium act has a specific provision addressing this issue the planned community act does not. The is a fundamental aspect of common law for any contract, and we also have Arizona Supreme Court ruling on the interpretation of statutes that would establish that the condominium act provision would apply directly to any planned community as well. This is a big deal for your community and something that your community needs to get together and fight. While I can never guarantee any court ruling this is an easy one to win.
Dennis