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Board of Director Term Limits

What is your coalition’s position on term limits for HOA Board of Directors? Do you think your coalition would have a good chance at persuading legislators in the 2019 legislative session to enact a firm...
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  • From dennisl on Minutes

    Carol,

    Minutes should be taken for all meeting of the board and of the members of the community.
    Elections should be held every year for any board member who’s term has expired. If your community likes that board member than he/she will be reelected.

    There is nothing more dangerous to your community than an entrenched board that believes that they are not accountable to the community that they serve and that they hold that power over the community with immunity.

    Arizona law requires that a meeting of the members be held at least once every year. Not just called but actually held.

    Dennis

    Go to comment
    2021/05/17 at 6:06 am
  • From Tanya on Rules / CC&Rs are being ignored by our HOA!!!

    THANK YOU DENNIS for your quick and insightful response.

    I have done my best to bring light on this blatant HOA BOARD’S MISUSE & ABUSE OF POWER and motivate fellow residents to take action before it is too late. But, most are AFRAID OF RETALIATION!

    The magnitude of damage that’s already been done and is coming is terrifying! It involves a potential of +$500,000 in extra expenses past down to our current residents!

    Most of us would have nowhere to “MOVE” as we can’t afford to live or move anywhere else. We bought in long ago when prices were low enough to afford and are now on fixed incomes. So, moving is not a solution. It seems there is NO SOLUTION for many of us.

    I am only one person without resources trying to take on a deceitful BEAST with multiple arms and hiding in the dark!

    I believe most of the board members are both new residents and naive followers, causing severe consequences just the same. They are definitely not acting in our best interest.

    The President of the HOA and our present Treasurer however, have INTENTIONALLY SOUGHT to “Personally-Benefit,” ENCOURAGED & ALLOWED “Conflict-of- Interest,” and taken calculated actions to DELIBERATELY IGNORE and unempower our CC&Rs and Bylaws.

    In addition, the Treasurer has continued to ARBITRARILY HARASS and DISCRIMINATE RESIDENTS, he dislikes, with our rules.

    The President just quietly & mysteriously sold her home last month and left the state. She literally hid from residents and refused to speak to everyone who came to her door with questions. She slid away in the night, without saying goodbye or having given any clarification to residents before she left.

    IF THIS IS WHAT HOAs CAN “GET AWAY WITH,” THEY SHOULD NOT BE LEGAL NOR ALLOWED TO OPERATE! Too many HOMEOWNER’S INVESTED MONEY is HIGHLY VULNERABLE TO CORRUPTION!

    I apologize accidental typos.
    (Ex. changoling=> changing)

    Go to comment
    2021/05/15 at 5:39 pm
    • From dennisl on Rules / CC&Rs are being ignored by our HOA!!!

      Tanya,

      Trust me when i tell you that i fully understand your situation and how you are far from being alone in this state. I fight the major players behind these organizations every day. There is a lot of money to be made by the HOA industry ( community managers, builders, realtors, and most of all attorneys). That industry is represented by paid professional lobbyist with unlimited resources to buy legislators votes and to block any legislation that is based on protect the rights of homeowners. This is what I do while i win some i lose to the HOA industry far too often, not because i cannot muster enough votes to get any legislation passed but because the HOA industry has simply focused their efforts on a few very powerful individual Senators with the ability to kill any legislation without putting that legislation to a vote of all Senators or Representatives. One organization AACM (Arizona Association of Community managers) based on their very high priced lobbyist has the ear of the Governor and can get him to veto any legislation that i manage to pass thru the two chambers. This dynamic will never change unless i can get 10,000 active supporters for HOA reform to have their voices hear. I currently have 750 people who have joined my organization but less than 100 that actively support my work with the legislature.

      If you believe that i could help your community by speaking to your community I’ll gladly travel to your community to do so at no charge. All of my support is free to anyone that ask. All I ask in return is that you agree to help me help others by supporting my legislative activities when appropriate.

      I truly believe that we can make a difference and protect the fundamental rights of homeowners and make these communities places where we can live our lives in peace and raise our families in safety. But we have to stand up and make our demands heard by our legislative leaders and drown out the money and influence of the HOA industry. The most valuable commodity of any politician is votes if we can demonstrate that we have to votes to affect that politicians ability to be re-elected he will listen to our plights and work to resolve those issues. 100 people in a State of 7.5 million people simply is totally insignificant.

      Dennis

      Go to comment
      2021/05/15 at 8:33 pm
  • From dennisl on Rules / CC&Rs are being ignored by our HOA!!!

    Tanya,

    I’ve always said that even if you like the situation in your condo or HOA community you are one board member away from total living hell. That is why the concept of so much power in the hands of amateurs is flawed from the beginning. Power corrupts and absolute power corrupts absolutely.

    As for the CC&R’s the board has absolutely no authority to change the CC&R’s without the approval of the members. Any attempt to do so is null and void.

    The only solution to all of this is transparency and engagement of the community members in their own communities. The one power that homeowners have is the power to remove any board member that is not acting in the best interest of the community as a whole. Please remember that no board member or collective board will ever make everyone in the community happy with their decisions, and that is not their job. Their job is to act in the best interest of the community as a whole. Favoritism and selective enforcement is a common feature of just about every community, the only way to end it is to hold the board accountable to their actions and recall them from their position of power.

    I cannot do this for you it must be done by the members of your community. Even if i could get more laws changed to better protect homeowners association, management companies and the attorneys that represent them both will continue to ignore those laws because that no-one is around to enforce them other than homeowners who cannot afford legal battles against the association that uses your money to defend themselves.

    You basically have two options work to get your neighbors engaged in addressing the issues in your community or move.

    Dennis

    Go to comment
    2021/05/15 at 6:36 am
  • From dennisl on parking violatons not enforced

    Joie,

    You are absolutely correct, i stand corrected. The number is the smaller of 25% or 100 votes for associations smaller than 1000 homes.

    Dennis

    Go to comment
    2021/05/12 at 7:10 am
  • From joie on parking violatons not enforced

    Thank you….I saw your response under the comments in another post.

    Go to comment
    2021/05/11 at 8:16 am
  • From allyson on Can HOA restrict street parking on public street?

    I live in a community where the association owns the streets. We have a parking policy in place that is not and cannot be enforced because we do not have parking decals. Our board voted to have management provide resident and guest decals over a year ago and we still have not received them. In addition, our parking committee was recently disbanded by the board. Our community is overrun on weekends by hikers and bikers and their vehicles are rarely towed. We have people parking in our lined street spaces, calling uber, and going on vacation. Just last week, I counted three vehicles without registration plates that still aren’t towed.(Can I contact Phoenix police directly on those vehicles?) All this in a community that has 1.5 spaces for each home! We are collecting signatures to recall the board president, but it is a small community and we need 100. People are reluctant to get involved because management has “arbitrarily” enforced CC&Rs in the past with board support. Is there a quicker route without the $600 cost of filing a complaint? Thank you

    Go to comment
    2021/05/11 at 6:03 am
    • From dennisl on Can HOA restrict street parking on public street?

      Allyson,
      I understand your concern and clearly your association board has failed to follow up on action to enforce their own policies and parking rules. Get as many people together as possible and attend every board meeting and demand that something is done to manage parking by non residents of the community. This cannot be attempted by one or even a few residents you will simply be labeled as trouble makers and ridiculed in public. That is their job and their responsibility. Because the property belongs to the association only the association has the authority to call the police for parking violations, or to have the illegal parkers vehicles towed. You mentioned that you are a small community and need 100 signatures to call for a recall of the board that would mean that your community has 400 homes. A petition to call for a special meeting of the members to recall the board only requires 25% of the eligible votes in the community. People can either get involved and deal with the issues in their own community or sit back and be quiet. If your community wants things to change they have no choice but to get involved and be part of the solution. There is no-one that will do that for you. Litigation has to be the last option, win or lose the homeowners will pay alot of money to attorneys on either side of the issue and be made the scape goat for assessment increases to pay for those legal fees. The only people that win with HOA litigation are the attorneys. That is why attorneys focus their career on generating strife in these communities. If the association board is not doing their job to maintain the community you need to either inundate their meetings to force them to do their job or generate a recall petition to remove them from office and replace them with people that understand and will take care of their responsibilities to the community.
      The cost for using the ADRE dispute resolution process is $500 but can only be used for violations of either state law or the governing documents. Failure to enforce a parking policy may be a very difficult case to win before an administrative law judge. I don’t know of any case brought before an ALJ where the plaintiff prevailed in such a petition.

      Dennis

      Go to comment
      2021/05/11 at 8:03 am
  • From yuke17 on Recalling a Director - AZ statute vs HOA bylaws

    Follow-up question… anyone know of any firms that specialize in facilitating director recalls? Want to ensure any attempts are legitimate and productive.

    Then the follow-up to the follow-up – if we hire someone to manage the recall, can we homeowners then sue the board to recover the cost of the recall?

    Thx

    Go to comment
    2021/05/04 at 10:31 am
    • From dennisl on Recalling a Director - AZ statute vs HOA bylaws

      Yoke17,
      You may be able to find an attorney that claims they can help you complete this recall, but that would be a total waste of money. The law is clear ARS 33-1813 for a planned community. The petition is to call for a special meeting of the member for the purpose of recalling any by individual name directors. While you can describe details of what you believe are justification for this recall you must absolutely remain totally factual and not assumptive or speculative. Never say any generalities like they stole money or misappropriated fund without absolute proof and indisputable facts. The fact is you can petition to remove a director without cause. You need to gather 25% of ligitimate members that are in good standing and eligible to vote in the community. Never stop at just 25% add insurance signatures. Do not word the petition to “remove the entire board” this will result in a ballot item of just that one shot at removing the entire board and anyone wishing to retain one board member has no choice but to vote to retain all board members. That is why you want to have the people vote to remove individual board members. Once you have the signatutes, present them to the board, never give the management company the originals and always keep a copy of anything that you provide the management company. The board then has 30 days to call the special meeting of the members to vote on the recall of the identified board members. Please remember that if less than a majority of the board is recalled then the board has the authority in most cases to simply appoint the replacement board members. If however a majority of the board is recalled the remaining board members must call a separate members meeting to elect the replacement board members.

      While not easy, simple organization and sharing the workload to gather the signatures door to door is very doable. Expect the board to do anything and everything in their power to discredit all of you as trouble makers including spreading lies about you, do not get into a pissing battle with the board you cannot compete with their ability to get their message out no matter how false to the entire population of community. Keep the high ground and it is absolutely you right to call for this recall and in fact the only real way for the members of the community to regulate the actions of the board. If the board was more open to the issues and concern of the community they would not be subject to a recall vote.

      If you hire someone to organize the recall for you that is totally on your dime and not subject to restitution by the association. The same way the cost of calling for and holding a members meeting is not able to be charged to the homeowners that lead the petition or signed the petition by the board after the fact.

      Dennis

      Go to comment
      2021/05/08 at 9:02 pm
  • From yuke17 on Recalling a Director - AZ statute vs HOA bylaws

    Thanks for the confirmation. Didn’t want to start down the path only to realize it was a doomed journey from the start.

    Go to comment
    2021/05/03 at 7:29 pm
  • From dennisl on Egress Window

    Daniel,

    Unfortunately HOA’s have broad latitude relative to maintaining the ascetics of the community. While technically they would have to have established some type of standard relative to consistent window sizes to make such a request the arguments of they are simply trying to maintain the ascetics of the community that is part of their charter. While week most courts have deferred to the decisions like this by the ACH or the board. You have two options, first since you noted that your project has nothing to do with the bedroom typically Scottsdale will only look at code upgrades for areas being affected by the specific permit. Why the size of these windows is being considered relative to a totally unrelated project is a mystery to me. You may be able to go back to Scottsdale’s one stop permitting office and convince them that these windows are totally unrelated to the project, and ask them to remove this condition for permitting. Now if you are adding another bedroom to the house then that could be reason for them to question the code compliance for all existing bedrooms. While it is never bad to try once a condition is applied to a permit application Scottsdale is not likely to change their mind.
    The second option is to see if any other home in the community has dissimilar windows as part of the front facia of the house. If some exist than what you are proposing is not inconsistent with the standards of the community, already approved by the association. You would ask to have a hearing on your request directly with the board and try and convince them to drop this unnecessary requirement and expense. Make sure that the hearing before the board is held in an open meeting of the board, and get as many other homeowner friends and neighbors as possible to attend that hearing.

    Dennis

    Go to comment
    2021/05/01 at 12:20 pm
  • From dennisl on Recalling a Director - AZ statute vs HOA bylaws

    Yuke 17

    You are absolutely correct the statute supersedes any provision in the individual community governing documents. You need a petition signed by at least 25% of the membership to call for a special meeting to remove any individual or group of homeowners. The association has 30 day to call that special meeting. Irrespective of whatever your quorum requirements are for any meeting of the members the quorum for this specific meeting is 20% of the members either in person or via absentee ballot. A simple majority of the votes cast decides the outcome.

    Dennis

    Go to comment
    2021/05/01 at 7:01 am
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