HOA Compliance Issue
Dennis –
Is there anything in the AZ statutes that requires HOAs to provide a homeowner a written approval from the HOA’s Design Review Committee (DRC) when they make changes to their property according to their architectural guidelines? We’ve had this mgnt company for 8 years supposedly using an all in one HOA management software package that “tracks” (assuming its entered) DRC submittals. Once the Declarant left four years ago, the resident board decided to start enforcement. Plus, changes in mgnt company’s personnel with in-experienced staff has basically sent violation letters to homeowner that received verbal or email approval for property mods that were accepted. Some homeowners cannot find their emails. Or, in my case the HOA website portal for our parcel doesn’t show the changes to the backyard or recent security door approvals for compliance. We forced the DRC to provide a written approval, it was not automatically sent – to avoid any catch-22 future sale of our home. Also, because of in-experienced personnel the DRC meeting agendas and minutes lack specificity in order to back track approvals – the file cabinets are plentiful with paper work that have not been digitized and entered into a database tracking system.
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Gerald,
Nothing in the statutes requires written approval, but the association must maintain a record of every ARC approval available to any homeowner upon request. There is nothing personal or confidential about an ARC approval, so any record request on that subject is not protected from disclosure.
Because associations are supposed to keep records of their approvals or denials, when community managers are not competent, and most associations fail to maintain accurate records, it is meaningless. Then, new management companies come in and, not seeing any record of approval for ARC changes, they immediately assume the homeowner violated the requirements and impose fines.
LET ME MAKE THIS CLEAR TO EVERYONE OUT THERE.
WHEN IT COMES TO YOUR HOME DO NOT UNDER ANY CIRCUMSTANCE TRUST THAT YOUR ASSOCIATION WILL MAKE ACCURATE AND RETRIEVABLE RECORDS OF ANY MODIFICATION REQUEST, ASSESSMENT PAYMENT, VIOLATION NOTICE ANBD DISPOSITION, FINE PAYMENT OR ANY OTHER CORRESPONDENCE WITH THE ASSOCIATION OR ITS AGENTS. MAKE A COPY OF EVERY REQUEST THAT YOU MAKE AND THE DATE THAT YOU SUBMITTED IT. ALL COMMUNICATIONS BETWEEN YOU AND THE ARC. AND ANY APPROVAL OR FAILURE TO RESPONDE TO THAT REQUEST WITHIN THE TIME FRAME REQUIRED BY THE CC&Rs. IF YOU GET WRITTEN OR VERBAL APPROVAL, MAKE A WRITTEN RECORD OF THAT AND THE NAME OF THE INDIVIDUAL WHO GAVE YOU APPROVAL. KEEP THIS IN A FILE IN YOUR HOME, AND WHEN YOU SELL THAT HOME, GIVE IT TO THE PURCHASER.
Without this information, you are subject to the whims of the incompetent management company, and trust me, they will always assume you were wrong, and the association records, or lack of records, simply means that approval was never granted. You will never win this argument or litigation if it comes to that without it.
Please protect yourselves and your home. Until laws are enacted to protect homeowners from these abuses, please keep detailed records of all transactions with the association to protect your home and rights. I proposed legislation to address these issues once again this year, but that proposal was not sponsored as a bill.
Dennis