The President of our Board is also the Treasurer. Our governing documents have not been updated since 2006. I cannot find any information addressing this issue.
Is this not one of the dumbest CC & R’s you have ever seen? 4.5 Animals. “Except as expressly permitted by this Section no animals, birds, reptiles, fish, fowl, poultry or livestock shall be maintained... Read More
In your opinion, POA Owner Board Recall, 294 total Parcels, one signature each for ‘Special meeting of Members’ Request. Original Declarant (no longer) has 20 parcels in their possession; do they get a vote as... Read More
I live in Scottsdale Ranch (just east of 96th St and south of E Shea Blvd. in Scottsdale. My wife and Ihave owned our single family home since 2000. In 2021 we replaced a dying,... Read More
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... Read More
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... Read More
Dear Dennis, Can someone resign from a HOA board, and then several months later come back by the existing HOA board members choosing them as their own replacement, all while there is no annual meeting... Read More
Okay, so I’ll try to keep this short and just make multiple posts for the multiple instances of horse crap my HOA is allowing to happen. I have been going back and forth using the... Read More
HELLO DENNIS, I remember seeing an Amicus brief written by Lynn Krupnik, CAI regarding CAO v. DORSEY. I can no longer find it and I hope you can point me to it. Thanks, Lisa Kittredge
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’... Read More
LuAnn
That provision is not currently in statute, but it is case law for Arizona based on the Apellate court ruling in Tierra Rancho v. Kirchukov. It was in a bill I got introduced last session and will be in a bill this coming session but this sessions’s bill was held I. Committee.
Dennis
Amy,
I would approach it this way. Do a request to see all ballots received that were deemed to be not eligible to vote for any reason. If you go for a delinquency report you could be denied based on the financial record aspect of the report.
Dennis
Dennis thank you for your response, however , I’m not asking for anyone to write a letter. I was simply asking for an example of one. I would go ahead and write the letter.
Is there anyone you know where I could go and pay for advice on how to change the situation around me. Someone who knows the laws very well and has experience fighting HOA boards (why do I have to fight with the HOA board, shouldn’t we be on the same page…)? I don’t understand what “a petition for a special meeting means”, for example. I do- not -know- what- to- do -but I want to do something. I am thinking that I should at the very least let all the owners know what is going on here in a letter with some pictures.
Fortunately, I feel like I just did something because I just recently notified the city of Oro Valley building code enforcement that the steps out of my building are not safe. The city came out but I don’t know yet what the outcome will be. This is after I notified the board in writing and verbally about the situation. The board is responsible for fixing the steps. I feel like I am on an island by myself.
Kellie,
This is what this website and coalition is about. You have the right to write a letter to anyone that you want to on any subject. How those people deal with that is a totally different thing. If you have concerns that are significant about how money is spent or inadequate maintenance or upkeep of the community then most probably there are many others in the community that share your belief. Approach the letter as a focus of your most significant concerns asking everyone if they share those concerns and would be willing to work with you to try and drive the association to address the concerns. As for the investors that rent their units show them how these issue could impact their property values and ability to attract renters in the future. Don’t present yourself as a complainer but rather as someone only wanting to make your community better. Suggest a meeting in any common area or local library of even your home for anyone willing to work with you to that end. Together your group could then approach the board and ask that they address your concerns. If they refuse then you could use the group to work on a recall of part or all of the board.
Dennis
Kellie,
While I’ve done what you are looking for in my past community it would be totally inappropriate for me or anyone outside your community to write a letter to the members of your community. To remove the board you would have to get a petition for a special meeting of the members to vote to recall the entire board signed by 26% of the unit owners. Or 6 owners that are in good standing. Once the board get that signed petition they must call that meeting within 30 days, to hold that vote. I never recommend that such a drastic action is even attempted unless you have viable candidates that will approach these positions differently. I’ve seen communities go thru this very disruptive process only to end up with a replacement board that acts no differently. The quorum for the meeting will be 20% of the community in person or by absentee ballot. If successful then a second meeting will be required in 30 days to elect the replacement board. Don’t even try this without having board candidates available.
Dennis
Joseph,
You are absolutely correct in your interpretation of Arizona law. For any ballot measure including a recall vote the ballot must allow the voter to vote for or against the measure. In any election the voter gets to choose which candidate they wish to vote for.
I’ll be proposing legislation this coming year that will establish a standard quorum requirement for all meeting of the members across the state. That standard will be 25% of the votes in the community unless a lower number is specified in the governing documents. My top priority legislation will be focused on elections and ballot measures, to ensure and protect the rights of homeowner to vote and to run for board position without any interference from the board and to ensure the integrity of the election and voting process.
I have to admit that I’m not aware of this ruling and accounting practices that you describe. There are no direct references to accounting practices in Statute for HOA’s and Condo’s other that the use of the standard accounting terms or Audit, Review or Compilation. While I’m assuming that all CPA’s are required to utilize the latest accounting standards and practices for that industry those are managed outside of the HOA/Condo world. The law does not in any way require these communities to use any specific accounting practices or processes. I’m not in any way an expert in accounting practices and rules under which all CPA must perform, but since they are licenses and regulated there is actually a state agency enforcing those requirements and standards. The question would be better raised to that agency. The agency is the State board of Accountancy and their phone number is (602) 364-0804.
Dennis
Sorry I’m not familiar with the attorney pool in the Tucson area other than the attorneys that represent the associations. If you send me the plat and what you are concerned about, I may be able to help you understand what the plat says or requires. Use the contact e-mail at the top of the page.
Rick,
Think about this for a minute
. If you paid more than what was required would you expect a refund? So why is it inappropriate for board members to be refunded overpayments. There is no issue here, unless more details are abavailable.
Dennis
From Dennis Legere on AZ Statutes
Go to comment2023/07/04 at 4:26 am
From Dennis Legere on Detailed Delinquency Report
Go to comment2023/07/04 at 4:21 am
From Kellie Benway on I'm looking for assist on writing a letter to all the homeowners in my small condo community...
Go to comment2023/07/02 at 12:21 pm
From Dennis Legere on I'm looking for assist on writing a letter to all the homeowners in my small condo community...
Go to comment2023/07/04 at 4:42 am
From Dennis Legere on I'm looking for assist on writing a letter to all the homeowners in my small condo community...
Go to comment2023/07/02 at 7:48 am
From Dennis Legere on Cease and Desist Letter
Go to comment2023/07/02 at 7:34 am
From Dennis Legere on Ballot ACTION vs ELECTION
Go to comment2023/06/30 at 5:19 pm
From LuAnn on Tucson Attorney
Go to comment2023/06/25 at 6:50 pm
From Dennis Legere on Revenue Recognition ASC 606
Go to comment2023/06/25 at 6:49 pm
From Dennis Legere on Tucson Attorney
Go to comment2023/06/24 at 9:58 am
From Dennis Legere on Pre Pays
Go to comment2023/06/20 at 6:08 pm