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

The Board of Directors held an executive meeting to discuss a light repair proposal and a Management agent addendum. The Mgmt agent contract addendum deals with a negotiation between the Board and Mgmt agent regarding...
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POA and white roofs

I live in a POA association which encompasses many homes. 4100 lots are covered Welcome SRP, our electric supplier, is offering a rebate for home owners who coat their flat roof white as an energy...
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HOA Landscapers

Hi, The HOA landscapers recently dug up 8 plants from behind my wall. I had a landscaper designer measure my property line with a measuring wheel and based upon his measurements, my property extends 7’...
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  • From Fish7 on Pictures of association records

    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)?

    Go to comment
    2023/10/25 at 3:16 pm
  • From Michael Holland on Recording HOA mtg when Atty present

    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.

    Go to comment
    2023/10/23 at 5:35 pm
    • From Dennis Legere on Recording HOA mtg when Atty present

      Michael,

      I agree with your assessment of the effectiveness of the ALJ process but the problem is not with the judges it is with the law that applies no consequence to violations of the law. I work on that issue every year and will do so again this year. If the board has an agenda item that they vote on they must allow any member present at that meeting to speak to that issue prior to their vote. This is not conditional on anything, or what the board is voting on including a recess to go to the bathroom.

      Go to comment
      2023/11/08 at 6:02 pm
  • From Amy on Public Street Parking

    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.

    Go to comment
    2023/10/20 at 9:20 pm
  • From Doug Slack on Public Street Parking

    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.

    Go to comment
    2023/10/19 at 8:22 pm
  • From Kyle Cullen on HOA out of compliance question

    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

    Go to comment
    2023/10/14 at 1:19 pm
    • From Dennis Legere on HOA out of compliance question

      I’m sorry but I don’t understand what you are saying in your last sentence? Do you have a variance approving your color?

      Dennis

      Go to comment
      2023/11/08 at 6:09 pm
  • From Kyle Cullen on HOA out of compliance question

    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 .

    Go to comment
    2023/10/14 at 12:11 pm
    • From Dennis Legere on HOA out of compliance question

      Kyle,
      Who painted your house originally? Has it been repainted since it was initially built? What I’m saying is that if a paint scheme was approved by the then current Architectural committee or under the then current architectural guidelines, the association cannot change that approval after the fact. While I know of no specific case law ruling on this issue this is simply common sense. If your house was painted outside of the then in-place architectural standards without the specific approval of the Architectural committee at the time, then you are clearly in jeopardy. The specifics of what actually happened in your case is very important. If the declarant painted your house and you bought your house from the declarant directly the association has no right to challenge that decision by the declarant he wrote the architectural standards and provided it for the entire community. If you painted your house since you bought your home without the approval of the ARC then you are in jeopardy if challenged by the association now.
      Dennis

      Go to comment
      2023/10/14 at 1:11 pm
    • From Kyle Cullen on HOA out of compliance question

      Is their AZ case law to prove this ?

      Go to comment
      2023/10/14 at 12:48 pm
  • From Dennis Legere on HOA out of compliance question

    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

    Go to comment
    2023/10/14 at 12:02 pm
  • From Dennis Legere on Homeowner Precedence for Voting Rights

    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

    Go to comment
    2023/10/04 at 11:23 am
  • From Dennis Legere on Homeowner Precedence for Voting Rights

    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

    Go to comment
    2023/10/04 at 11:14 am
  • From Dennis Legere on 30 YEAR RESERVE ACCOUNT

    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

    Go to comment
    2023/10/03 at 7:06 pm