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

Comments or Questions

 To post a comment or ask a question please either register here Click here or log in above.

Thank You

Please log in to submit content!

Business Judgement Rule

Can a homeowner file a complaint with the AZ Department of Real Estate regarding a Board decision that in the homeowner’s opinion violates the business judgement rule? I don’t want to get too specific, but...
Read More

Audit

I asked my HOA for a copy of the audited financial statement. They said they do not need to do one, but did send me a copy of the Tax Compilation. Our CCRs state 14.4...
Read More
1 2 3 7
  • From Dennis Legere on Ground coverage in front of house

    Evan;
    It would be difficult for me to answer without seeing your ACH guidelines /rules. Your arguments are sound and reasonable. Basically the association has no right to require you to plant a specific number of plants unless your written and approved ACH guidelines specifically call for an exact number of plants and those guideline are uniformly imposed on all homeowners. If it does not have that specific guideline then they cannot impose such a restriction because they do not like your plans or you. That is what is called acting in an “Arbitrary and Capricious” manner. The association has a duty to “treat all members fairly” and acting arbitrarily does not satisfy that duty. If they question that they have any such duty tell them that they should first look up Arizona Appellate court decision of Tierra Ranchos HOA v Kitchukov.
    Remember this is your property and the association cannot apply any restriction on your use of your property unless specifically authorized in your CC&R’s and documents in approved community documents.
    If you need more help contact me directly.

    Thanks

    Dennis

    Go to comment
    2018/08/30 at 12:58 pm
  • From Patricia Cowan on Important Things to Remember

    This is very good information Dennis and after reviewing it again I am reminded of the important information here, Thank you for all the hard work you are doing to improve the relationship between Management Companies, BofD’s and Members. FYI, another word for Voluntary Associations is Neighborhood Associations. Too many in Tucson want to make the association mandatory. I think all the word tricks should be known to the naive buyer or HO.

    Go to comment
    2018/06/18 at 8:51 pm
  • From c j on Access to HOA records

    Your “lot info” can usually be foundon the financials given to the board members. Ask a member. If your HOA maintains a web site ( as mine does ), that is another avenue for easy access. Go to a board meeting & ask questions !

    Go to comment
    2018/05/30 at 9:09 am
  • From Dennis Legere on Access to HOA records

    These are actually part of the disclosure documents that associations are required to provide potential unit buyers prior to closing. Unfortunately just because it is a law for HOA’s does not guarantee compliance.

    Go to comment
    2018/05/23 at 6:10 pm
  • From Dennis Legere on Does an alternative to HOAs exist?

    Matt
    Being self managed is surely an option for smaller HOA’s or Condo’s, but you must do that with your eyes wide open. This takes real work, managing records and business contracts as well as supporting the needs of your community, it is not just about getting an accountant to handle the finances. It also takes a commitment to know and understand the laws and the community documents. While we see issues with many if not most so called professional management companies, the possibility of even worse issues come up with self managed communities because the board members do not take or have the time to stay current with the laws governing you community, and in doing so infringe on the rights and due process due each homeowner.

    What the article is however dealing with as a viable option to HOA’s in total called improvement districts. The only municipality that we know of in the state is the City of Gilbert that allows these options for developers. We have tried for three years now to make communities at least allow this option to any developer building one of these common interest communities, but so far have been unsuccessful at getting these bills passed.

    Go to comment
    2018/05/23 at 6:07 pm
  • From Caprice Brinckerhoff on Access to HOA records

    This site is absolutely fabulous!

    Go to comment
    2018/05/17 at 10:46 am
  • From Tricia Faes on Access to HOA records

    Your site is so fantastic. I’m going to come back here again.

    Go to comment
    2018/05/16 at 3:12 am
    • From Dennis Legere on Access to HOA records

      Thanks Tricia;
      If you have any questions or would like some help with an HOA issue please feel free to contact us.
      Dennis Legere

      Go to comment
      2018/09/02 at 6:15 pm
  • From Lisa Wolff on Stop SB 1080

    No on SB 1080

    Go to comment
    2018/04/02 at 10:38 am
  • From Kimbery on Access to HOA records

    The Casa Grande Lakes HOA refuses to allow anyone access to the books, records , or tax returns. They are self managed, no one can even see the ballots. They told us we could see all the stuff then quickly called executive session . I smell a serous problem. They even pay themselves to serve and don’t get a 1099.. Can you see the issues that I see?

    Go to comment
    2018/03/14 at 5:10 pm
  • From Nancy Levine on Access to HOA records

    There needs to be a one source database of current lawsuits against any particular HOA in any county – other than going through county court records which are usually behind. The AARP wrote a good primer on the duties of HOA’s in Florida. There is a Seminole case in District Court of homeowners winning against HOA foreclosure – wherein they assert they have first priority lien over mortgages to foreclose. The maricopa county general’s office gave me the name of a company that audits HOA records if you make a claim or request for audit – I lost the name because after I threatened to have this done, my issues were resolved by HOA. Does anyone know what company does this as an advocate for homeowners in Arizona? Our HOA year end budget looks drastically off – the numbers and justication for costs and special assessments look bogus, but I have no comparison or rule of law to refer to check.

    Go to comment
    2018/02/28 at 1:27 pm