One more thing…. they wanted to charge 25 cents/page for any copies. I thought the law in 33-1805 was 15 c/page. Has that been updated to 25c/page? If not, can they override that law like that with their contract (which says 25c/page)?

Dennis,

To update you and give you all the facts my case was 23F-H039-REL. Note that this is the second pro se case lost by our HOA. The continue to make up Hoa law. Just last meeting they didn’t ask the community for input on two motions they passed, when I pasted in the law into chat i was muted and told that i could only comment at the appropriate time. Additionally the president the same president in my case then state that they don’t have to offer community input on affirmation votes. Not sure what an affirmation vote is but it isn’t in the law. After going through the ADRE/OAH process I can say that they system lacks a means to really penalize the individuals that are doing this and the community ends up paying for their mistakes.

Depends on your CC&Rs. Our community’s documents do state that all driveway spaces must be filled before either residents or guests can park on the street.

HB2298, which was passed this year, could eliminate a lot of HOAs’ authority to restrict street parking. Any association whose documents were adopted prior to 2015 has to call a meeting for a vote of the membership no later than the end of June 2025 and have a majority vote in favor of allowing the restrictions to continue. If no meeting is called/held or the vote fails, the association forfeits the right to regulate parking on public streets.

Are you in a planned community or condominium association? If it is a planned community read ars33-1818. I own a condo so apparently this doesn’t apply. I don’t understand how or why the legislation didn’t capture both HOA entities with this.

Thank for the reply Dennis. We are on the same page . The builder of the home was not the declarant; however. The declarant controlled association did approve all paint colors and plans. I mean this occurred way before we bought the house in 2021. The house has not been painted since we bought so we should be in any violation of the new board.

The Architectural guidelines have not changed. even if the LRV was higher at the time, it was at his discretion and made a variance for approval. Would we still be in the clear ?

Kyle Cullen

Thanks for the feedback Dennis. We bought this house in 2021. I am assuming the declarant has records of it; however, he did 3 houses that were built before any new builds came in. I mean 3 homeowners bought homes from him and no other home other ours were on a list with LRV issues. Not sure why he is singling out ours .

Kyle,

The association has no authority to change their mind on this issue. If your paint scheme was approved by the declarant-controlled association, once the community is turned over to the homeowners to manage, they cannot undue that approval. By the way you always had an HOA just the Declarant controlled the board and the HOA prior to the transition. Once the period of declarant control ended the association board was elected by the members and run by the member elected board. The Board has no greater understanding of the intent of the Declarant on the design criteria for the community then the declarant himself. If the board has changed the design or paint requirements, then if you paint your home in the future you will have to comply with the then currently approved pallet. An approved design review is approved and cannot be reconsidered after the fact by a different board under any circumstances. Hopefully you have a record of the approved paint scheme from the declarant.

Dennis

If you want to send me a copy of your CC&R’s and bylaws, I’ll look them over for you and provide you my insight on any other option you may have.
Dennis

Cathryn,

The power of your board to make decisions relative to the common area is typically defined in your governing documents. Since you are an HOA or Planned community title for the common area actually belongs to the association represented by the board of directors elected by you. There are no, nor should there be any state law dictating how a board can use the common property that they own. That being said the money they spend all comes from your pockets and you have an absolute right to provide input to the board before they make any decision to spend any of that money. That is why the open meeting laws exist that guarantee your right to speak at a meeting before any vote is taken by the board. You actually do not have any right to vote to approve that expenditure, unless that was to be funded by a special assessment outside the normal budgeting process. I know this is not what you wanted to hear but it is fact and is supported by both case and common law.
You always reserve the right to recall any board member that refuses to make decisions that are in the true best interest of the community as a whole as you did with the prior board. Board recall efforts are difficult at best, but it sounds like there are many issues happening here and it is time to set the board straight on who they actually work for. Sometimes a recall petition is enough to wake up the board and start listening to the members of the community they have been entrusted to run. If they don’t wake up recall them all and replace them with board members that will have a better understanding of their obligations to the community.

Dennis

LJ,

While I can’t speak for the legislature, the purpose of a reserve study is to develop a long-range plan for the future capital improvements needed by the community. You want as long a view as possible knowing that the further out you go the less accurate any predictions can be. That is why all long-range plans have to be reviewed on a short-range frequency of at least 5 years to ensure that future predictions are still valid. All I can tell you is that I would never propose such a requirement as I do not believe that it will ever be in the best interest of the communities to do so. When I did the long-range plan for the community where I was the board Treasurer, I did a projection that went out 80 years, and built a spread sheet to cover that same time period.
Dennis