AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.
azhoatruth@gmail.com
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AZ2570

They are waiting for the Gov. to sign this bill into law. It eliminates the requirement for an HOA and gives the developer more control for lot sizes and homes. I am all for the...
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Hb2470

I am trying to educate myself on legislation. It appears that hb2470 has passed the house. Is this correct? I thought I read where this bill would not make it out due to committee chairperson....
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Interpretation

Hi Dennis. Have an interpretation question. The CCR’s state the following: Section6.2. PurposeoftheAssessments. The assessments levied by the Association shall be used exclusively for the upkeep, maintenance, and improvement of the Common Area and such...
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Who is responsible?

We have a situation where a condo homeowner refused to do an Architectural Change form and had a contractor remove a cover from a patio. The homeowner died and the children sold through probate. After...
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Board not responding

Need help concerning the Board not answering or responding to questions. They state the information is protected attorney privilege , under litigation or just refuse to answer or provide misleading and wrong information. There is...
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Roof

A homeowner passes away and the family wants to sell. The family has a contractor remove the patio cover and unbeknownst to anyone he damages a small part of the roof. The condo sells and...
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Rancho Escondido

Do you have any experience dealing with Copper Rose management Co. Last year our HOA board switched to CR from Cadden. there are 198 homes in Rancho Escondido. I would appreciate any input!
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  • From Kathy Dehler on Interpretation

    Hi Dennis…..I am not able to attach the CCR’s. Is there another way to send them to you?

    Go to comment
    2024/03/18 at 10:25 am
    • From Dennis Legere on Interpretation

      Kathy,
      If you have them in electronic format just attach them to an e-mail to the address above. AZHOAtruth@gmail.com.
      Dennis

      Go to comment
      2024/03/18 at 10:31 am
  • From Dennis Legere on BALLOT SENT OUT W/O A WRITE-IN OPTION

    Laura,
    The petition for board recall is actually for a special meeting of the members to vote to recall an elected board member. Having a petition for special meeting to recall a board member coincident to an annual meeting to elect the board is counterproductive and extremely unusual and confusing for the entire community. There is no executive meeting involved. When is the annual meeting to elect the board and when was the petition submitted? This is very important and has to be clarified right away. Are the rest of the board reasonable people? We can fix all of this and do it right, if we take very deliberate steps.

    Dennis

    Go to comment
    2024/03/14 at 6:51 am
  • From Dennis Legere on BALLOT SENT OUT W/O A WRITE-IN OPTION

    Laura,
    Typically, a submitted ballot is irrevocable. Was the board president that resigned on the ballot? When is the actual meeting? If the board member that resigned is on the ballot her resignation was for her current term and she could be reelected based on this ballot. The association should have provided a write in space for the 7th board position that would have provided better clarity. It is not a good practice to allow submitted ballots to be changed without a good reason, especially on the night of the election. This will cause mistakes and most likely result in miscounts. What your association should do is notify everyone that they inadvertently omitted the write in spot and allow anyone who has already submitted a ballot to send in a write in vote only for that 7th spot. This way you are not changing your vote just supplementing it for the 7th seat. If the president’s resignation included removing her from the ballot than two write in spots would need to be included to address her position as well. The easiest thing to do is to correct the ballot and resend it and have everyone that already submitted ballot to vote again and throw out all previously submitted ballots.
    Dennis

    Go to comment
    2024/03/14 at 6:44 am
  • From Dennis Legere on AZ2570

    William,
    While I agree with some of your points the purpose of this bill is to prevent municipalities from establishing requirements that would require developers to create a planned community or condominium based on characteristics of the community. This is a many faceted bill with a focus on eliminating municipalities restrictions that become an obstacle to the development of starter homes or multi family homes. Currently many communities demand that any housing development with specific characteristics be established as a planned community with recorded covenants. That is why most of the new development in this state have all been HOAs. While this bill does stop a developer from proposing an HOA from the beginning it at least allows the developer the option. With the demand for non HOA homes on the rise this bill at least allows more of them to be created and providing home buyers options as well.
    How this will play out in real life is yet to be seen and will primarily be driven by free market demands.
    Dennis

    Go to comment
    2024/03/13 at 10:29 am
  • From Dennis Legere on CORRECT ARS FOR REMOVAL OF BOARD MEMBER FOR CONDO HOA

    Laura,

    Both the condominium act and the planned community act are identical on this issue. If you are a condominium than ARS-33-1243 applies and if you are a HOA than ARS-33-1813 applies.
    Send me a note at the e-mail above and I’ll help you get this right for your community. These are never easy but they are very much achievable. You just have to be organized and be ready for what will come your way during this process. I’ll even travel to your community to meet with your organizing group to share experiences from other communities and help you work out a successful campaign.
    Dennis

    Go to comment
    2024/03/04 at 8:42 pm
  • From Dennis Legere on Hb2470

    Paul,

    HB-2470 has not yet passed the house but it will be up for a vote on Monday afternoon. I fully expect it to pass the House and move onto the Senate. The actual status for any HOA bill can be found on our website under the legislation by clicking on current year legislation. I update the status at least once weekly and will make you aware of any significant amendments on my weekly updates. Our position on any bill is also posted on that page.
    Dennis

    Go to comment
    2024/03/03 at 5:57 pm
  • From lisam on Who is responsible?

    Thank you!

    Go to comment
    2024/03/03 at 12:41 pm
  • From mark buehrig on Board not responding

    This biggest disadvantage to a home owner is the cost of going against a Board that has almost unlimited attorney access and funds. Does the “Arizona Homeowners Coalition” have attorneys on retainers. Do you keep a record or scorecard on Attorneys that have the ability and success in winning cases? Do you maintain a referral system with attorneys that gives home owners a package deal on costs? . To go to superior court what would be an estimated costs and time?

    Go to comment
    2024/02/29 at 5:00 pm
    • From Dennis Legere on Board not responding

      Mark,

      We have none of those resources. We are a volunteer organization that has no membership fees and I cover most of the cost of this association out of my pocket. Any time to try to litigate against the association you are essentially Sueing yourself. Win or lose the homeowners always end up paying all litigation cost. Only the attorneys win with any litigation which is why they give so much bad advice to Association boards. If the association gets sued, they make money right or wrong, win or lose. There are no Attorneys that I’m aware of that will represent a homeowner pro-bono. In fact, there is only one law firm that exclusively represents homeowners against their associations, and that law firm is Dessaules Law group. In all cases most attorney will represent you at an hourly rate and the cost of litigation could range from $10,000 to $200,000 depending on the complexity of the case. That is why the ADRE dispute resolution system at $500/issue is relatively affordable.

      Dennis

      Go to comment
      2024/02/29 at 6:33 pm
  • From Dennis Legere on Interpretation

    Kathy
    It is very difficult for me to provide your direct advice based on the very limited information you provided. Yes, based on the specific you cited cost for recreation activities would not be allowed, but there may be other provision within the CC&R’s that state otherwise. The CC&Rs have to be read in their entirety and you cannot simply look at one provision and come to a safe conclusion. If you want to send me your CC&Rs I’ll look thru the entire document and provide you better guidance.

    Dennis

    Go to comment
    2024/02/29 at 3:59 pm
  • From Dennis Legere on Who is responsible?

    Lisam,

    This sounds like a similar question asked by another homeowner. The issue is despite the general requirement to maintain the common property, the prior owners attempted a modification without approval to the common property and in doing so damaged the common property. That owner is responsible for the cost of repairing the common property damaged by their actions. This could and should have been applied by the association as a common expense assessment subject to the statutory lien on the property, if it had been discovered by the association prior to the sale of the unit. The real issue for the new homeowner is whether the estate of the previous owner is still open for any reason. If it is, you can file a claim against the estate in small claims court. If the estate is closed, you are stuck with the cost to affect the repair. While you could contest this is court based on the failure to disclose during the sale, based on the facts that you provided in my opinion you would have a very difficult if not impossible case to prevail on. The statute you cited is irrelevant to this issue.
    Dennis

    Go to comment
    2024/02/29 at 3:53 pm
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