AZHOC - Arizona Homeowners Coalition
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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 Concerned Continued

    Cindy,

    Let me assure you there is absolutely no standard behavior in an HOA. It depends on the personalities and agendas of the board members along with the incompetence of the community manager and the advice of the association attorney. Not all board are bad, and many try hard to do the right things for the community. I never hear about those because the homeowners are happy. I do hear every day about horror stories in these communities. State law never considered the need for Zoom meetings and I believe that they can be effective and handy in this pandemic they are once again ripe for abuse by using the media to further stifle homeowner involvement and questions or comments.

    Such is the fundamental problem with these communities no one ever considered the facts of human nature and the impact of unlimited power on even well-meaning individuals.

    Denni

    Go to comment
    2022/01/22 at 4:02 pm
  • From Betty Shapiro on HOA Financials

    Thank you again for the great advice. I will wait the 10 days before doing anything.
    We can’t remove the bad board president because she has packed the board with friends of hers. She has many homeowners that think she is great. There are only 4 of us that really know what is going on. Most homeowners here don’t want to get involved or be on the board.
    Thank you again

    Go to comment
    2022/01/16 at 8:26 am
  • From DennisL on HOA Financials

    Betty,
    Wait the 10 business days and write the management company an e-mail giving them two day to produce the records requested or you will file a petition to ADRE to force the association to comply with the law. The association will lose and be forced to pay your application fee and any fine the ALJ will chose to apply to them as well as any attorney fees they incur. They will try to call your bluff, but you have to file. While the association is not doing this the incompetent management company is, if enough people do this the board will realize that this management company is incompetent and fire the company. Justice will be served.

    I’m not sure why you say you cannot remove the offending board member? Are you the only person that sees what is going on?

    Dennis

    Go to comment
    2022/01/15 at 4:09 pm
  • From DennisL on HOA Financials

    Betty,

    Wait the 10 business days and write the management company an e-mail and remind them that they had 10 business days to provide you access to the financial records requested , if they are not made available to you for your review in two days you will file a petition the ADRE to have an ALJ to force the association to comply with the law. The association will then be required to pay your application fee and any attorney cost that they incur. They have a choice to either provide access to the records requested of be subject to those cost and any fines that ALJ could apply to them. They will try to call your bluff but may change their tune when you actually file a petition against them. The board is not doing this the incompetent management company is, but the association is responsible. If enough people do this then the board will see that the management company is incompetent and will fire them. Justice will be served.

    Dennis

    Go to comment
    2022/01/15 at 4:03 pm
  • From Betty Shapiro on HOA Financials

    I have sent the letter to our HOA management and Board by registered mail and it was delivered to them 1/7/22. I have not heard a response from them. I am worried they will totally ignore my request. The management company is now saying that meetings will be virtual. No in person meetings. Our meeting for Jan.2022 was cancelled the same day it was scheduled. No notice. Next meeting is in April. We have a very bad board president and are unable to remove her.
    What can I do now to see the financials. It has been 6 months since the new HOA management company has taken over with no financials ever given.
    Thanks for any advice you can give me

    Go to comment
    2022/01/15 at 1:18 pm
  • From DennisL on Security Cameras

    Leilani,

    There are many appropriate and legitimate reasons to install security cameras. And in fact, the association may be held liable for crimes that occur on the property if they do not take necessary precaution to protect the residents if credible threats exist or could be reasonably assumed in the area. See Woodmar IV Condo v Martinez. But as you mention there are appropriate ways for associations to take any action, and appropriate ways for associations to communicate their decisions to the members or unit owners. Yours does not appear to have done either of these things appropriately. I would need to know more about how the vote and decision was taken to provide any opinion on the appropriateness of the process for the decision. This is yet another example of the difference between how an association board can take actions and how they should take actions. It is not unreasonable for homeowners to question the motivation of installing cameras when they were never informed that they were to be installed or for what reason. You have a right for privacy and security. Getting one at the expense of the other is always inappropriate without some assurances on how the cameras will be used and monitored.
    The actions of your husband were not at all inappropriate and if I were in his place, I would have done the same and maybe more. The threat of the board president is absolutely meaningless and idle. There is clearly a difference between security and unwanted surveillance and invasion of privacy.

    Dennis

    Go to comment
    2022/01/14 at 12:02 pm
  • From David Abranovic on CC&R Ammendment

    Hi Dennis,

    Thank you for your thougtful reply, very helpful. With respect to my statement of “no HOA”, it is my understanding that our community does not meet the deffinition of a “planned community”, i.e. we have no community managed/owned common areas, therefore my understanding is the Arizona Planned Communities Act, or Title 33, Chapter 16 is not applicable to our community. If that is the case would ARS 33-1817. section 4 still apply to us?

    David

    Go to comment
    2022/01/12 at 7:11 am
  • From DennisL on CC&R Ammendment

    David

    If you have a recorded CC&R and mandatory assessments, you are an HOA or planned community so your comment about “no HOA” is confusing.
    Many older association CC&R’s had similar language implying that Amendment to the CC&R’s could only be implemented in proximity of the renewal dates or intervals. Arizona Law was changed to specifically identify that CC&R amendments could be implemented upon approval and the recording of that amendment. The specific statute is ARS 33-1817. section 4 the exact language of the statute is:

    4. Notwithstanding any provision in the declaration that provides for periodic renewal of the declaration, an amendment to the declaration is effective immediately on recordation of the instrument in the county in which the property is located.

    So those prior case precedents have been nullified by statute. Similar language is also contained in the Condominium Act.

    Dennis

    Go to comment
    2022/01/11 at 1:52 pm
  • From Bettyshapiro1@yahoo.com on HOA Financials

    Thanks again. Your information is so helpful. I will put that in my registered letter

    Go to comment
    2022/01/05 at 8:22 am
  • From Betty on HOA Financials

    Thank you so much for your information. I am going to mail a request for the financial records to our management company. I will send it registered mail.
    Hope they respond.

    Go to comment
    2022/01/04 at 5:23 pm
    • From DennisL on HOA Financials

      Betty,

      Under Arizona law they have 10 business days to provide you access to the records requested from the date they receive the notice.
      Dennis

      Go to comment
      2022/01/05 at 7:34 am
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