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

Need some information on how your HOA conducts your Board elections with absentee ballot and in-person voting. It’s actually been years since my community has run their elections in accordance with ARS 33-1812. Shocking. Yes...
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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 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
  • From Marciann on Do CC&R's expire?

    Can you help me with a recently amended CC&R with reference to Golf Carts. We are in a gated community here in AZ and I believe 1 board member made an addendum stating that you neeed to 16 with a valid driver’s license to drive a golf cart in our community. This was implemented recently when I purchased the golf cart for my children at Christmas 2019. Amy guidance is greatly appreciated.

    Go to comment
    2021/06/15 at 6:04 pm
    • From dennisl on Do CC&R's expire?

      Marciann,

      There are very few details here for me to work with. CC&R’s cannot be amended by the board only by vote of a super majority of the owners. The board can implement rules without member approval but those rule must relate to specific restrictions contained in the CC&R’s. Since you live in a gated community the association must own the streets as common property. As such they are free to implement any rules relative to the use or maintenance of the common property including providing some safety limits on the use of motorized equipment on their property. While inconvenient to you the basic rule has merit relative to safety of the members of the community who also use those streets. I suspect that this was not a CC&R change but rather a new board approved rule. You are subject to those rules the same way that you are subject to the restrictions of the CC&R’s. Whether you believe this is right or wrong it is the very basic nature of life in these type of communities. If you have other neighbors that believe that this rule is unnecessary then you can all attend the next board meeting and ask the board to reconsider and offer them an alternative. If the board refuses to consider your suggestions than your only recourse will be to attempt to recall the board and elect a new board. This will involve getting a petition signed by 25% of the community owners to call for a special meeting of the member for the purpose of recalling the board. If you get that many signatures the board will be forced by law to call the meeting within 30 days. Think very hard about taking on this task relative to what can be seen by many people in your community as the board trying to assure the safety of the members of the community. It will not work in your favor.

      Dennis

      Go to comment
      2021/06/15 at 6:46 pm
  • From dennisl on HOA Ad Hoc Committee - Rules Governing Transparency

    Greg,

    Arizona Law calls out that any regularly scheduled committee meeting must comply with the open meeting laws for HOA’s or Condominiums. There is no qualifier other than regularly scheduled. I’ve always hated this provision and tried to get it changed for many years, because it has been abused to no end simply by declaring any committee meeting as not regularly scheduled, When and how often a committee meets has absolutely no bearing on the significance of the subject matter for that meeting and the need for the community to be aware of the actions of that committee.

    But that is besides the point your ad-hoc committee would be subject to the open meeting law and the executive session would be inappropriate other than the fact that you are still under declarant control.

    Under declarant control all protections for homeowners are voided in favor of the declarant. open meeting laws don’t apply, voting rights are voided, and conflict of interest is excused, and the CC&R’s can be changed without any input from existing homeowners.

    Most people don’t realize how much control the developer or his agents and assign have over their lives and how little protection they have from the untold abuses of that power that happen every day in this state.

    But until i can gather enough support from people willing to stand with me against the HOA industry this will never change.

    Dennis

    Go to comment
    2021/06/12 at 6:52 am
  • From CarlaVala on Can homeowners petition to change CCRs

    Once again thank you so much you’ve been a huge help.

    Go to comment
    2021/06/08 at 10:36 pm
  • From HUGUES M TOLSTONOG on Term limits

    Thank you for quick and clear explanation.
    Hugues

    Go to comment
    2021/06/08 at 6:27 am
  • From dennisl on Can homeowners petition to change CCRs

    Carlavala,

    Arizona law allows amendments to the CC&R’s to be processed by ballot initiative or written consent. Written consent is a provision of corporate law that describes essentially a petition. You would have to draft the exact language of what you want changed in the CC&R’s, then organize a door to door petition and get the required amount of signatures specified in the CC&R’s. The signatures must be from the owners of the property and not renters or other occupants. An important note is that the association has the right to remove voting rights for people who are not current in their assessments and in some cases have outstanding violations. Those signatures can and will be excluded in establishing the required approval percentages. Once you have the required valid signatures you do not need to go to every door in the community. You then present that amendment to the board to process and record. The board has no voice in the matter.

    This clearly is not an easy task but it is achievable.

    Dennis

    Go to comment
    2021/06/08 at 6:12 am
    • From CarlaVala on Can homeowners petition to change CCRs

      Oh my goodness thank you so much for your response and so quickly!

      Am I allowed to invite neighbors into my home to discuss this issue?

      Go to comment
      2021/06/08 at 11:12 am
      • From dennisl on Can homeowners petition to change CCRs

        CarlaVala,
        Your home is your home and you can invite anyone to your home to discuss anything that you want. The association has absolutely no right to restrict your ability to engage in organizing your community to take action. Having said that, does not stop many associations and community manager from attempting to degrade and discredit anyone that opposes their positions and label them as trouble makers or worse. You cannot believe what has actually happened in associations in this state already including having their attorneys try and threaten and intimidate homeowners. That is why I tried to get legislation passed over the last two sessions that would make such activity by the association to infringe on your free speech and freedom to assemble illegal. Unfortunately the HOA industry only needed to buy one legislator to stop this bill from being considered for a vote in the Senate. And that is exactly what happened.

        Dennis

        Go to comment
        2021/06/08 at 7:17 pm
  • From dennisl on Term limits

    Hugues;

    The term limits for the board members will be stated in the Bylaws. The association members elect board members the board elects the officers of the association. It would be inappropriate for the association to list the position of President of the association up for election. All board position with expired terms shoud be posted for election every year and once elected that complete board votes for the positions of officers for one year. Irrespective of the terms of board members the officers are only elected for one year.

    Dennis

    Go to comment
    2021/06/07 at 3:45 pm
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