AZHOC - Arizona Homeowners Coalition
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CC&R’s

Below is HOA CC&R for parking. First by this language can they now enforce no parking of any kind in community? Second, based on wording at end of post, can the Association make a decision...
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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 Pam on Are Election Rules required in AZ

    I have read ARS 33-1812, and although helpful, not as complete to prevent fraud and division within the community. I do have another question.
    What is your take on from the floor nominations and write in’s. I read item 2, in 33-1812,
    (2. The ballot shall provide an opportunity to vote for or against each proposed action.) as not permitting these actions for HOA’s. I have read a blog or two that it appears lawyers here in AZ agree with that interpetation.

    Go to comment
    2021/12/01 at 10:27 am
    • From DennisL on Are Election Rules required in AZ

      Pam
      Some additional thoughts. Write ins should be valid but there are no discussions in statutes relative to that capability so that will depend on the bylaws of each individual association. Please remember the annual meeting of the members is a meeting of the members and they decide what is acted on and who can speak and not the board. While the board can facilitate a meeting of the members it is not their meeting and they cannot provide the controls that they do for meetings of the board.

      Dennis

      Go to comment
      2021/12/01 at 12:11 pm
    • From DennisL on Are Election Rules required in AZ

      Pam,

      The real issue is quorum. The law requires that association allow homeowners to vote in person at a meeting or via absentee ballot, with the added provision that allows all absentee ballots that are submitted be counted toward achieving the quorum for the meeting of the members. if the absentee ballots are required to achieve the required quorum than no motion or action can be taken at the meeting that was not on the absentee ballot. If however, a quorum is present at the meeting than those present can make any motion or take any action they so desire even though those issue were not on the absentee ballot. I actually had a bill that stipulated that exact point in 2020 but it was withdrawn based on opposition by AACM and CAI and a weak legislator unwilling to fight for what is right based on the opposition.
      Dennis

      Go to comment
      2021/12/01 at 12:06 pm
  • From DennisL on Are Election Rules required in AZ

    Pam,

    There are some state statutes relative to Condo and HOA elections. For Condominiums they are contained in ARS 33-1250 and for Planned Communities they are identical statutes in ARS 33-1812. Despite those laws elections are often abused to serve the desires of the existing board or the management company. I’ve often proposed legislation to fix some of these issues but have not gotten sufficient traction to get them introduced or passed. The HOA industry and their high paid lobbyist work hard to stop any legislation to make the process fairer or clearer. Lack of clarity in the law gives the HOA industry attorneys clear advantage to interpret the law any way that suits the association.

    Until we can get enough support to force the legislators to take actions to stop this abuse all my efforts are in vain.

    Dennis

    Go to comment
    2021/12/01 at 9:52 am
  • From DennisL on Association name change

    Linda,

    The legal name of your community was established by the Declaration (CC&R’s) and cannot be changed without an amendment to that recorded document. I cannot understand why any board would want to change the name of the community for any reason? Are you still under declarant control and attempting to sell of remaining lots and homes? The declarant chose the name for the community with marketing in mind so again I cannot understand why a different name would provide any marketing advantage. You can call a website whatever you want as long as the community that it belongs to is referred to by its legal name.

    You association by creating a pseudo name for the community is encroaching on false advertising and misrepresentation and could be subjecting the association to legal challenges and suits.

    DBA’s (doing business as) cannot be used for a corporation that has been established as such authorized by the Arizona Corporations commission, and are only issued by the Secretary of State. They are typically used by unincorporated entities. I operate this site and provide my support to all homeowners in Arizona under a DBA.

    While I’ve never heard of this happening, I do not believe that the association board has any authority to change the name of the community without making that change by legal means by changing the CC&R’s and applying for a name change thru the Corporations Commission.

    Dennis

    Go to comment
    2021/11/24 at 6:13 am
  • From DennisL on Can an AZ HOA restrict freedom of speech?

    Gerald,

    If the CC&R’s allow the association could charge interest on fines and penalties. If the association files and succeeds in getting a lien on your property based on fines and penalties, the cost for filing and the legal fees could be added if awarded by the presiding judge. Also remember once a lien is granted there will be cost associated with recording that lien and when you pay it off cost for removing that lien from the county records.

    Dennis

    Go to comment
    2021/11/18 at 4:29 pm
  • From DennisL on Golf Course CommonArea

    Gerald,

    I’d have to see the actual language in your CC&R’s to answer this question correctly. In general all common property is for the use and enjoyment of all members. As such you may have to pay a fee for playing golf but any homeowner should be able to walk the cart paths whenever play is not in session. I assume that your community is an HOA so you have to remember that the association actually owns the common property and as such they are entitled to create any rules they want for the use of that common property. While you pay to maintain that property homeowners have no ownership rights in that common property. If you are a condominium the situation is totally different because the unit owners own all the common property in common with all the other unit owners. An association in that case could not deny you access to property that you own.

    Dennis

    Go to comment
    2021/11/18 at 4:20 pm
  • From DennisL on Open committee meeting notice

    Gerald,

    You are absolutely correct. The HOA industry had this language added in 2010. Mostly because “regularly scheduled ” is undefined and and be interpreted in any way the association wants to not have to apply the open meeting laws to committee meetings. I’ve been opposed to this totally irrelevant qualifier since I’ve been in this business. Since when does the schedule of a committee meeting have anything to do with the significance of the business of those meeting on the community. I’ve seen committee being created with regular monthly meeting frequencies but the charter for that committee specifically states that it will be a non-regularly scheduled meeting so as to avoid open meeting requirements. I’ve also seen more and more responsibilities of the board being assigned to committees once again simply to avoid open meeting requirements. I’ve worked on legislation to correct this for years all to no avail.
    Maybe next year.

    Dennis

    Go to comment
    2021/11/18 at 4:12 pm
  • From gerard kindt on Can an AZ HOA restrict freedom of speech?

    Could the association add on additional fees and interest for non payment?

    Go to comment
    2021/11/18 at 10:08 am
  • From DennisL on Can an AZ HOA restrict freedom of speech?

    Update for all,

    The reality is that fines are not debt and the Fair Debt Collection Practices Act prohibits the use of collection services for fees or fines that are not debt. State statutes never mention collection cost relative to fines and penalties for these associations. While the association can establish a lien on your home based on fines and penalties that lien must be granted by a judge and recorded to be valid. You will get an opportunity to argue the reasonableness of any fine or penalty in the lien request action before a judge. if you are faced with this situation make sure your attorney reviews all the arguments used in the Turtle Rock III v Fisher case before the hearing. Fines and penalties can never be included in assessment liens that are statutory and foreclosable. A judgement lien for fines and penalties cannot be foreclosed on and can only be made effective in transferring your property under existing Arizona Law. This last statement supports the argument that the judgement lien may not be subject to collection services.

    While i understand the fear of collection activity and credit bureau reports affecting credit, they are simply used by the association as extortion to scare homeowners into paying fines and penalties that would never stand up in court.

    Dennis

    Go to comment
    2021/11/16 at 7:25 am
  • From DennisL on Can an AZ HOA restrict freedom of speech?

    David,

    The association is allowed to assess reasonable fines and penalties for violation of the governing documents. If there is no mention of requirement for civil behavior in the rules and regulation they have no right to assess any fine for that issue. Besides that a $500 fine for a comment along with the denial of access to common property is totally inappropriate and excessive.

    While I fully understand the frustration that can be experienced by homeowners in some of these communities by the boards or their managing agents, resorting to profanity never helps your cause or your issue. Your options are in this case to pay the fine or sue the association for abuse of power. Any case would have to demonstrate that the association exceeded its authority to fine and penalize you for this issue or secondly that the fine applied was not appropriate for the crime committed. There is an Arizona appellate court case decision (Turtle Rock III v Fisher) that established that for fines to be reasonable they must be established in a published schedule of fines are are established based on the significance of the violation. A fine policy that applies general fines for all issues is not and does not satisfy the requirement of a fine schedule. While i cannot give you legal advice you should consult an attorney if you are considering contesting these penalties in court. The cited case was depublished by the Supreme court but allowed to stand. While this case cannot be used as case precedent the arguments presented in the case are and remain valid and one could reasonably assume that the same arguments used in this case for a similar case will result in the same ruling especially from Arizona Appellate court. A court challenge could run you tens of thousands of dollars in legal fee’s so consider this carefully.

    As an aside this charge is not an automatic lien on your property and the association is required by law to file a case against you in court for this lien and if they prevail record that lien in the county recorder office. Associations seldom file liens for fines and penalties, because they would have to justify their charges in court, and you would be able to contest those charges in the same court.

    My freedom of speech bill requires respectable speech relative to association issues.

    Dennis

    Go to comment
    2021/11/14 at 10:02 am
  • From Rick on Just don't buy in an HOA

    Well today I cam home to an hoa newsletter calling the hoa hearing case out in the newsletter, mentioning by name and listing my address and the costs assessed by the hoa to hire an attorney to handle the hearing. I will be selling my house in the new year. The board fully made me a target for harassment and comment been for physical abuse. . Never in my life did I imagine a massive financial investment where my happiness and confidence in my investment would be completely arbitrary to completely ignorant, uninformed and malicious individuals. By far the worse financial burden I will likely ever incur in my life.

    Go to comment
    2021/11/12 at 7:58 pm
    • From DennisL on Just don't buy in an HOA

      Rick,

      Once again this type of half truth is typical of HOA boards. There is no mention of the fact that if the board had complied with the law there would have been no need for the petition to ADRE. The legal cost is real and the case is real but the reason for the case is that the only way for homeowners to enforce the law is by these petitions or other legal actions when the board refuses to comply with the law. Do not make a rash move simply because of this letter. Win your case and prove that the board was wrong and they were the ones that cause the extra expenses, not you, you were simply exercising your right to enforce the law. The truth will come out, many people will refuse to see the truth and many will, that is out of your control. Just know that your were right in your actions. Make sure that you are prepared for your hearing, and have all of your facts lined up and are prepared to present your case to the judge. The association will have an attorney there and he/she will throw everything at the judge to try and see if anything sticks. Be prepared for that and stay focused on the facts of your case and your arguments.
      Dennis
      Dennis

      Go to comment
      2021/11/13 at 6:29 am
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