AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.
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HOA Assessment

I live in a HOA townhome community. The HOA has mismanaged funds for years and our reserves our depleted to extremely low levels. Our roofs are beginning to leak, and our HOA is supposed to...
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Hoa Gone wild

Can your Hoa send you a legal bill if you resend a complaint before it is set for hearing in front of the Arizona Real Estate Commission? Are Arizona residents going to be further victimized...
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  • From dennisl on 2 questions

    Carol,

    The board is free to establish expenditure controls in any way that they see fit but whatever they do it must be initiated at an open meeting and voted on by the entire board. For example the board can authorize the president and treasurer to expend anything under $2,000 for emergency repairs or actions that cannot wait for a board meeting to be held. It may also authorize any specific individual board member to approve the expenditure of any item that was included in the approved budget. Non budgeted expenditures should be moved and approved by the entire board. All of this is not specified anywhere but reflect a common sense approach to the board fiduciary duty to the community.

    Transparency and formality in board actions is always best. If you decided as a board that for a time period you would waive late fees that is fine and i assume you communicated that to your community in some fashion. If now you believe that you as a board would like to reverse that decision going forward that again is within your power and authority but it will be essential that your insure that all members are made aware of this change so that they are not caught in a situation that they were not aware of.

    Dennis

    Go to comment
    2021/07/03 at 8:11 am
  • From Barry Fivecoat on HOAs and Conspiracy Theories

    This arrived in a mailer containing two other community updates in May, 2021, and was sent to several homes, though apparently not all. Strangely, my neighbor two doors to the south didn’t receive this communique. It came from the property management company, to be sure. To my knowledge, there’s been no towers erected here yet, nor has there been any request to do so. I’d be the first to sign up if there was such an ongoing program.

    My concern is that in places, these towers have been burned to the ground due to this kind of disinformation. I recently saw a news story where a man installing a 5G tower here in Phoenix was threatened with a rifle. In my view, this is only fuel for an impending fire and is dangerous, false rhetorical propaganda.

    Regardless of who the sender of this trash was, the board is ultimately responsible for any content sent to the homeowners. That makes them culpible. It would seem to indicate that either one or more of the board members are, as we say online, conspiritards. I’m just wondering if their next rant will include flat earth “theory”, or perhaps an anti-vaccination tirade. All of this aside, it decidedly is NOT one of their duties outlined in the bylaws. It would take several paragraphs to describe some of their misdeeds: from demanding I take down an antenna that’s been there legally since 1996, to allowing parking on the streets in this project that are owned by the city, to kicking me off of the board in 2017 without a recall. I could write a novel on the these topics.

    Concerning your second post, there are only 147 homes in this project. A recall might not be that difficult.

    Go to comment
    2021/07/01 at 2:34 pm
    • From dennisl on HOAs and Conspiracy Theories

      Barry,

      Please take a breath. If there is no issue in the community relative to 5G towers than throw the garbage in the receptacle designated for that type of material and go on with your life. It was a stupid gesture by a stupid management company and give it only the attention that it deserves, which is nothing. As for removing you from the board In Arizona no board has that authority. A duly elected board member can be removed from the board by only two methods one is resignation and the second is a recall decided by the members that elected him or her. If a board member is no longer a resident in the community that is considered a resignation.

      Anyone is allowed to initiate a re-call petition but you must do that with your eyes wide open. Do not under any circumstances believe that the board and the management company will sit and simply allow this to happen. You can expect personal verbal attacks and selective application of alleged violations from either of them to try and dissuade you from going thru with your petition. They can spread untold lies about you to the community to attempt to turn them against you and your efforts. All of this is why my attempts at getting legislation passed to assure your freedom of speech was so important this year and last. But the HOA industry does not want the homeowners to organize to take back their communities. Bad board and bad management companies and HOA attorneys will go out of business if the homeowners are allowed to speak out against abuse so key legislators were payed off to kill the bill but not allowing the Senate members to even vote on the bill.

      I’ve always been a strong advocate for homeowners holding the board accountable for their actions. But is nothing that i can see would warrant the price that you will be forced to pay to recall the board over a communication from the management company.

      My thoughts.

      Dennis

      Go to comment
      2021/07/01 at 5:28 pm
  • From dennisl on HOAs and Conspiracy Theories

    Barry,

    You will need to provide me a little more context as to why this is an HOA issue? Was the letter from the board or the management company? Was it sent to you individually or in general to all of your community? Is the community considering the installation of a new 5G cell tower that is opposed by the board or the management company, and was this was a calculated negative campaign to attempt to scare the community away from approving such an issue?

    Recall of the board is always an option in any community but it is a lot of work and should be used only when appropriate. Writing the management company is always a waste of time, Bringing the issue up directly to the board will be more fruitful especially if you can flood the board meeting with angry and insulted homeowners demanding either a retraction from the board or at the very least the board sending out a rebuttal letter from the utility company with the truth and impact of the proposal addition.

    Dennis

    Go to comment
    2021/07/01 at 2:07 pm
  • From dennisl on HOAs and Conspiracy Theories

    Barry,

    Was this communication provided by either the board or the management company? Was your community asked to have a cell tower installed on community property? I’m having a hard time understanding why this is an HOA issue involving the management company. Was the communication provided to you directly or a general communication provided all homeowners?

    While I’ve learned through my years of experience that most if not all management companies are totally incompetent and anything out of their mouths is totally fabricated to benefit them and not the community. So a letter like this from a management company would be taken like everything else from any management company, thrown in the round file and ignored as useless self-serving rhetoric.

    Help me understand your concern and i’ll see if i can help you in any way.

    Dennis

    Go to comment
    2021/07/01 at 1:59 pm
  • From Gene on Harassing letters from HOA

    Can you sue the HOA for harassment my situation is always acouple of weeds or I didn’t put my garbage cans away after garbage was picked up my cans aren’t picked up till the evening around 6 pm I put my can in backyard the next day all my neighbors leave their trash cans out front I’ve asked them if they get a letter about their garbage cans an weeds they have never received a letter. Why am I the only one to receive the letters I’ve lived here for 3 years

    Go to comment
    2021/06/23 at 6:41 pm
  • From Sarah on Removal of entire board of directors

    Attorney Jonathan Dessaules in Phoenix takea the side of the HOMEOWNER not the HOA. We are currently using them against a rogue HOA Board in Tucson.

    Go to comment
    2021/06/22 at 8:14 pm
  • From dennisl on Receivership

    There was a community in Prescott that went thru court mandated receivership a couple of years ago. This is nothing that anyone wants to go thru voluntarily. In that particular case the board was forced to provide records to a homeowner that would have potentially subjected the board to criminal charges. Rather than do that the entire board resigned. Without a board the management company and the association attorney also resigned. The homeowner sued the association for contempt of court. No one in the community was willing to run for the board under these circumstances. Without a board the association essentially did not exist and all property sales in the community were stopped. The records of the community were dropped off in the old attorneys office and they refused to turn over any of the records requested, since they had to client to represent. The court case was long and i worked extensively to help the homeowners in this community. The association attorney even attempted to slander me and my organization in court and i filed a complaint with the Arizona Bar. (totally useless organization). The court appointed receiver was actually very helpful and brought the community back to a point where the homeowners were once again comfortable with running for the board.

    During receivership all homeowner rights are suspended and the community is under the total and exclusive control of the receiver. He can do whatever he feels necessary to get the community back on their feet and the cost is all borne by the homeowners. Including all the court cost of the scum bag attorneys in that case.

    In this case the outcome was good the cost is going to be the cost and no-one has any choice in the matter.

    If you have an opportunity to avoid receivership that by all means do whatever you can to do that.

    Dennis

    Go to comment
    2021/06/18 at 6:34 am
  • From dennisl on We need HOAs to respect private property rights

    Charles,

    This site is not about complaining about the existence of HOAs or the arguments of the HOA industry complex.

    It is about the truth of HOA’s and what you can and cannot do or most importantly what both owners and boards should do in these communities within the existing laws and to fight to get laws changed to better protect the homeowners from the abuses of the HOA Industry. I fully agree with your comments about what has to change but those words are very easy to say and very hard to do. There are nearly 800 people that have joined this site to get help from me but when i ask for their help to write legislators in support or opposition of legislation less then 100 actually get involved. There are over 3.5 million homeowners in this state living in these communities but unless enough of them bother to get involved to demand HOA reform nothing will ever happen. To get meaningful change i will need the support of 10’s of thousands of homeowners to get the attention of the legislators and the Governor. It was easy for the teachers to take a day off from their jobs and leave the kids to have 20,000 of them march on the State house and demand more money. That got the attention of every one and change happened.

    The HOA industry of CAI, AACM. the Builders association and the Realtors have endless resources and well established and highly paid lobbyist all fighting to protect their endless money train from homeowners.

    All the homeowners have in this state is me and the 100 or so supporters who actually work to help others. We have lost many battles but have also won some to provide greater protections for homeowners. While everyone is entitled to their opinion you have absolutely no right to suggest that this site or that this organization has ever done anything to protect the HOA industry.

    If you want change then please get involved in being that change and go down to the state house and register as a user on the Legislature web site. It will take 5 minutes and your voice can be added to ours to try and work against the HOA industry to protect homeowners.

    Dennis

    Go to comment
    2021/06/17 at 9:58 am
  • From Charles Filipponi on We need HOAs to respect private property rights

    You are stating the obvious. If there were alternatives, not buying is a reasonable alternative. There are few such options, magnifying the issue. In addition, whether you like it or not, boards actually do as they please, hiding behind the CCRs and legal threats. Interpretations of the CCRs, master deeds and bylaws, are solely up to the board. There is little recourse for the home owner. This is the reality, this is what has to change. Maybe this site is about protecting HOAs and the overlords who run them. My mistake.

    Go to comment
    2021/06/17 at 6:34 am
  • From Charles Filipponi on We need HOAs to respect private property rights

    *private property rights have [to] have ultimate power..

    Go to comment
    2021/06/16 at 7:05 am
    • From dennisl on We need HOAs to respect private property rights

      Charles,

      While i believe that private property rights still apply to HOA’s and Condominiums you unfortunately do give up some of those right by agreeing to buy a home in and HOA or Condominium. The loss of those right are limited to only those issues specifically identified as conditions or restrictions on the use of the property specified in the CC&R’s. If you cannot accept those conditions or restrictions then don’t buy a home in those associations. The simple act of buying a home with conditions and restrictions established and recorded on the title of that property constitutes acceptance of those conditions and restrictions unconditionally. You voluntarily give up those property right when yo buy a home even if you have or had no idea about the restrictions.

      Like it or not this is the law and the basic nature of property servitudes.

      Dennis

      Go to comment
      2021/06/16 at 8:32 pm