I need a copy of your ballot re: STREET VOTE HB2298
Hello fellow pioneers. I NEED YOUR HELP!
I am about ready to submit an ADRE complaint regarding my HOA failing to provide records. Everything about the street vote was despicable; including publishing false and misleading info on our ballot. Everything from the ballot content, social media posts, official ballots, and tabulation was a complete sham. After my case, I plan on taking this to the news and the Legislature. I need your help. If your community voted and it passed (YES), I need a copy of your ballot. If you don’t have it, you can submit a record’s request to your HOA for a copy. I have a few ballots from other subdivisions and the amount of biased info published should be criminal. Our senators need to know how our HOAs are behaving in order to sway votes. PLEASE, I need your ballot. You can email a copy to CoronadoRanchVoteWatch@gmail.com.
Second, if you have submitted an ADRE complaint for records and won, I’d love to hear from you!
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OHHH man! I’m so sorry to hear this. This sounds like the same thing I’m going through with my HOA management company too! It’s absolutely obnoxious. I’ve been battling these folks for records and access for about a month and have learned a LOT. Unfortunately for all of us, the ADRE can’t do anything. These HOA management companies aren’t accountable really to anyone other than bad review (which most don’t care about) or maybe legislative bodies. The only thing I’ve learned that is possible is to cite the statutory laws in your emails requests. Use 33-1805 and word your email airtight and you might get somewhere. They will have 10 business days to give you some answers before they are out of compliance. Here’s the link for you: https://www.azleg.gov/ars/33/01805.htm. I’ve had a little bit of luck with that, but am still battling. I’ve created my own website to share with my neighborhood who are looking for real information and answers instead of stonewalling. I wish you SUPER GOOD LUCK!!! 🙂
Thanks Leann. I did submit my request and cited the statue. They either cited “work-product privilege” or the records do not require mandatory disclosure. Everything they have done will require a civil suit. In my ADRE complaint, I am going to request a subpoena of records which is permissible under 41-1092.07C. Many of their actions suggest bad faith. Part of the complaint is the compel them for records. I agree, the ADRE can’t hold them accountable for anything. The process is just to get a record of the courts agreeing they violated ARS 33-1805A. I have proof they violated ARS 10-3708A (non-profit election laws), but my first step is the ADRE complaint. Even with a civil suit, the election won’t be overturned unless unless homeowners come forward and say they would change their vote had they been provided for accurate info. This is unlikely. The civil suit won’t do much either. All of these steps is just to document how criminal the HOA is and to compel our legislature to take action. Are you able to send me a copy of your ballot?
Cassie,
So you are clear the ALJ has no authority to enforce the requirement of the Non-Profit Corporation Act so please make sure you don’t make this part of your argument. The can only enforce the common interest community statutes and the governing documents. You cannot ask for any work product from an attorney under 33-1805 but you can ask for billing invoices. Billing invoices are records of the association and not protected by attorney client privilege. If the billing statement contains member names, or case privileged details, they can be redacted and provided as such. One important point is that 33-1805 specifies “All” records while the NPC limits corporate records request to only certain records. The general NPC requirement cannot supersede the requirements of the more specific statutes of 33-1805.
Dennis