Rhonda,
Every water bill for the association is a financial record of the association and subject to records request. Make a written request to view a copy of the water bills for the association for the last year. From those you will actually see the monthly water usage for the current and past year. Write them down in gallons/month and you have what you are looking for. The association cannot deny you access to view those actual bills.

Dennis

Joseph,

The petition to call for a special meeting of the members for the purpose of recalling board members can be very simply. It should contain a simple sentence to the effect of “We the undersigned members request the board of directors of the XYZ HOA call and hold a special meeting of the members for the purpose recalling board members (each individual by name). Each line should be printed name, signature, date and lot, parcel number or physical address.
The Provision of HB-2607 sited are Law but they do not become effective until October 30, 2023 based on the end of the legislative session this past Monday.

Dennis

Petition to REQUEST Special meeting for recall should contain just what? Print Name, Signature, Date, full mailing address, being a Property Owners Association the Parcel Number. As REQUESTS (petition) are being mailed our across the United States a witness can’t observe the signature – what do we do?

XIAOQIN
We’ve discussed this situation in prior e-mails. I’m not sure why you never received the original notice of violation in May but if an actual notice was sent to your address of record for the community your opportunity to contest the violation has passed, as you have 21 days from the receipt of the notice of the alleged violation. From what you have described to me the association had no right to claim this violation as there was not provision within the governing documents restricting the specific actions of the tenant. If the board member felt that he was being harasses he could have filed for an injunction against harassment in the municipal court and he would have been rejected in that request. Your tenant would have also had an opportunity to present his perspective, and all of this would have gone away. This board member chose to abuse his power and take the easy way out by simply fining you. You absolutely must contest this violation with ADRE by filing a petition to overturn this action. You have absolutely no obligation or right to evict this tenant because the board member does not like either him or you. You may have a case for hostile hosing environment under Federal Law in the Fair Housing Act if you can demonstrate that this hostile behavior is based on your national origin.
Speak to an attorney and seek their advice on how to stop this individual’s abuse of power.

Dennis

As always, thanks.

Lisa,

The provision of Section L applies to gated communities and only relative to external campaign issues. You attorney was absolutely and completely wrong in his interpretation of that statute. It does not apply to association specific political activity. Because other lawyers also tried to create their own laws based on their incorrect interpretation of this section. This provision was eliminated and modified by a new bill that was signed into law this year. That bill will be effective on November 1st of this year based on the projected ending of the legislative session on July 31st. The bill number was HB-2301. You can see that bill text from the AZleg.gov web site.

Dennis

Thanks. So good to be able to ask someone with your knowledge.

Lisa,
If the HOA has not provided the court ordered payment by the end of the time frame for which they can appeal that ruling, they are in contempt of court. They were ordered to make the repayment effect on the date of the decision, they needed to make that payment but could have appealed that ruling in a timely fashion. The payment comes first the appeal comes later.

Dennis

LuAnn,

All committees serve at the pleasure of the board of Directors. There are no state laws addressing how committees are formed or who can serve on them. The issues relative to committees of the board are controlled by the individual communities governing documents. Serving on committees is a good way for members of the community to be involved in the community, and basically anyone willing to help should be allowed to participate and help within the size limits for reasonable committee function. Two many people making running a committee more difficult then it has to be. When spots are available and people are interested in serving on that committee and they are denied access by either the board or the committee chair, that is sending a clear message to the community that this board or committee chair has no desire for participation in the committee from anyone other than yes men or women. The approved clicks or groups of members are the only members allowed to participate in these committees and will most likely translate into eligibility to run for the board itself. This is fundamentally wrong and bad for the community, and signals a community is serious trouble. Everyone pays the same assessments and must abide by the same rules and restriction but when it comes to making decisions for the community only a select few are allowed that opportunity. I’ll be proposing legislation that will at least address eligibility to run for a board position to free those candidates from any selection restrictions from the sitting boards. While I’ll not address committee assignments in this legislation if more and different people are allowed to run for the board then they can fix the committee assignment issues from those positions.

Dennis

This is an extremely helpful clarification you have provided, Dennis. Much more than I had expected. Thank you (which doesn’t seem to do justice to the amount of time and attention you gave this question of mine!)!!