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 Barbara Kunkel on who signs the document

    Sorry, clarification. It was a special board meeting.

    Go to comment
    2023/04/03 at 7:15 pm
  • From Dennis Legere on Unanimous Consent to re-paint?

    Fish 7,

    Your board has to understand that making good decision for the community does not justify ignoring the open meeting laws for these communities. Despite whatever their community manager or attorney tells them about what their community documents or the non-profit corporation statutes state about “Action without a meeting” the open meeting laws for these communities supersede all of those documents. Action without a meeting is only authorized for these communities for emergency meeting of the board that cannot wait for the 48 hours needed for advance notice of any board action. You cannot take a provision of the non-profit corporation act that has no open meeting requirement and say that it can be used in these communities that do have open meeting laws, just because they are incorporated as NPC. Well intentioned boards are continuously getting bad advice from their advisors and then they are held accountable for that bad advice. All to the detriment of the homeowners in the community. The source of that bad advice is never held accountable. Like I’ve offered in the past I’ll gladly meet with your board and community to help them understand the truth of the law and their responsibilities under the law. Litigation helps no-one and the homeowners always lose. Your community does not need more litigation from you. I hear from several different members of your community every time you post a question of this site. Your board needs to learn the truth of the law and hold themselves accountable to that law. But the most important thing is that the board act in the best interest of the community as a whole, and that they work to build trust in their community between the board and the homeowners. From what people tell me they have achieved that goal, while you have not. Being right is not everything in these communities. While I’ll never condom violations of the law, that I’ve worked so hard to build on especially the open meeting laws.

    The purpose of the open meeting laws is to ensure transparency in the business of the community and to ensure that the members have an opportunity to speak and weigh-in on possible decision of the board before the decisions are made, so that trust can be built. Allowing the members an opportunity to provide input to the board on decisions ensures that the board decisions are made in the best interest of the community as a whole. As I see it, you have built so much animosity between yourself and the board and the rest of your community that even if you are right no-one will listen to you.

    I will always give anyone that ask me a question the truth about the law, and I’ve always supported holding the boards accountable to the law, but litigation needs to be the last resort and not the first. There is a cause and effect to every action and the consequences of any actions need to be considered. If you truly cared for the interest of your community, you should take a long hard look at your own actions and how you have contributed to the discord in your community before you cause more discord because the board does not yet understand the law. This has become a situation of you against the world and being right and everyone else wrong is your mission. I’ve confirmed the truth of your position but I will not support you filing a petition with ADRE on this issue.

    Dennis

    Go to comment
    2023/03/31 at 7:43 pm
  • From DPK Kraul on Training

    Our BOD president would like to contact you about a training seminar. Please let me know how he should communicate with you. He would also like to see your resume. I have given him your info from the HOA Coalition website.
    Thank you

    Go to comment
    2023/03/31 at 10:16 am
  • From Tracy Swaim on CPA firms that are recommended for HOA

    In regards to searching, I have had some luck using google with the following term:

    site:hoatruth.com

    and your topic. “site:” tells google to only search that domain. So, a search that looks like this

    site:hoatruth.com cpa

    will look for all occurrences of “cpa” on the hoatruth.com website. May not be perfect, but it helps!

    Tracy

    Go to comment
    2023/03/27 at 9:49 am
  • From Fred on Annual Meeting

    Thanks Dennis.

    The excuse in the past has been the cost of re-doing the meeting and sending out ballots again.

    In my example of being 30 short, can it just be canvassed to get the remaining 30 or does the whole process have to start over?

    What time frame is involved if any?

    Thanks

    Go to comment
    2023/03/26 at 11:17 am
    • From Dennis Legere on Annual Meeting

      Fred,
      Absolutely nothing has to be redone. If a meeting cannot be held because it did not achieve quorum than the meeting never occurred. Robert’s rules would establish that the meeting be reconvened at another time within 15 days. Any absentee ballots would still be valid and any members that had not submitted a ballot earlier could send one in for the reconvened meeting. Those voting in person could also be increased to satisfy quorum for the second meeting. Some communities have a scaling quorum that is reduced in half every time a quorum is not meet. The association waits 15 minutes and sees if the meeting can now be convened if not it is reduced in half again and finally held. The other issue is that the quorum requirement can be changed by the board to be more achievable for the community, as long as the quorum is specified in the bylaws and not the cc&r’s. 10% for large communities’ or 20-25% for smaller to mid-size communities. The issue is if the board really wants to hold the meeting required by law, they will do everything in their power to turn out the vote the first time to reduce the cost of room reservation and mailings. Failing to meet quorum is a board issue not a membership issue. An annual meeting of the members is not and has never been optional. The election of board members must be conducted every year and once boards finally acknowledge that fact, they will work to make that happen.

      Dennis

      Go to comment
      2023/03/26 at 1:57 pm
  • From Dennis Legere on CPA firms that are recommended for HOA

    DPK
    I don’t deal directly with any CPA firms so I cannot recommend any. I’ve been having my web developer work on a keyword search feature for the site for exactly the reason you stated for some time now but have not yet been able to launch that feature. All I can say is that it is coming soon.
    There is no easy way to answer your question on cost because of the variables involved. So much will depend on the vendor chosen and the complexity of your common property and long range plans.

    Dennis

    Go to comment
    2023/03/26 at 11:01 am
    • From Todd Stevens on CPA firms that are recommended for HOA

      FWIW:

      I had worked with Dan Martin at Barry & Moore CPA to engage a look into our HOA’s finances in 2019. The firm seemed knowledgeable and willing to help determine if finances are being handled properly.

      Unfortunately it was never completed for murky reasons.

      At the time they offered a compilation plus type service, which comprise the balance sheet
      and the related statements of revenues, expenses, and changes in fund balance, and cash flows for the year. They quoted $1500-$3000 for this service and $250 for the years taxes.

      HTH

      https://hoa.tascs.net

      Go to comment
      2023/03/27 at 10:29 am
      • From Dennis Legere on CPA firms that are recommended for HOA

        I approved this comment to be posted only because it consisted of information that was 4 years old. Cost of services are somewhat proprietary and should not be published on a web site like this. The dated nature of the content I believe to be or no real value to anyone. I will say that a compilation is the simplest form of financial review available to an association and consist of simply an affirmation of the financial reports provided by the community manager or association treasurer. There is absolute no Indepth analysis or affirmation and the quoted price from that relative time period is outrageous for such a service.
        Dennis

        Go to comment
        2023/03/27 at 6:03 pm
        • From Todd Stevens on CPA firms that are recommended for HOA

          I understand, I was using the range from then as a general idea.

          It seems my posting is causing more issues than assistance.

          It is good to see people interested in their community finances.

          Please remove my account and posts.

          Thank you and take care.

          Go to comment
          2023/03/28 at 6:46 pm
  • From Ann Stone on Liquor license

    Thank you for your swift response and the contact information.

    Go to comment
    2023/03/24 at 5:56 pm
  • From Priscilla Tramontana on ARS 33-1813

    Sorry, Dennis…It has been brought to my attention that our Bylaws (I only checked our CC&Rs) do state that the election of Board Members shall be by secret written ballot! Does that change anything?

    Thank you!

    Go to comment
    2023/03/24 at 5:25 pm
    • From Dennis Legere on ARS 33-1813

      Your bylaws dictate this election process. If you are required to have secret ballots to elect board members than you are also required to have secret ballots to recall board members. See ARS 33-1812 for all elections. Your association violated their own governing documents in the application of the votes for the meeting of the members to recall the board, and could be held accountable for that failure in court or by petition to the ADRE dispute resolution process.
      Dennis

      Go to comment
      2023/03/24 at 5:59 pm
  • From Priscilla Tramontana on ARS 33-1813

    Thank you….so helpful!

    Go to comment
    2023/03/24 at 4:05 pm
  • From Priscilla Tramontana on ARS 33-1813

    Thank you, Dennis! I should have mentioned that although our documents do not specify secret ballots when electing board members, it is always done that way. Does that not set a precedent for future voting expectations?

    Go to comment
    2023/03/24 at 3:51 pm
    • From Dennis Legere on ARS 33-1813

      Clearly if you had secret ballots there is no way for the association to know legally how anyone voted never mind posting that information on the web site. All the more reason why this was an intentional act totally in the hands of the board to address. Why was this ballot measure done without secret ballots?

      Dennis

      Go to comment
      2023/03/24 at 3:55 pm