May I ask for clarification so that there is no misunderstanding on my part to the recall question above? The 30-day deadline is Feb 16, based on count of calendar days. The minimum 10-day deadline was Feb 6. That should have been the last day for the residents of the community to be informed of all of the recall information. Is the fact that the Feb 6 deadline requirements were not met enough to trigger a win of the case if filed with ADRE?

Dave,
The only requirement in statute is that either ballot or the envelope containing the ballot be signed if the election is secret. That is the law, but the law has very little control on stupid. Why anyone would thing that three envelopes is required or even reasonable is totally beyond me. If you signed the envelope that the ballot is mailed in and identified your address or lot number on that envelop that would be all that is required by law.

Dennis

Thank you! Will do.

If the special meeting is not called as required by the law, you could file a petition to ADRE to force the association to comply with the law. They clearly violated the law, and this is an open and shut case and it will cost the association $500. Do not do anything until the 30 days has expired and before you do contact me at AZHOAtruth@gmail.com

Dennis

We have a sub HOA condo community with in a master HOA residential housing and commercial development community that have other sub HOA’s, which has caused issues with who is responsible for what and if their reserves factor in any of the connected common areas and as there is changes in board members we become neglected. This can and has been a hassle to get resolved. Additionally, we have to pay 2 HOA monthly assessments and subject to special assessments by both too. We have had various property managers and now use the same one as the Master HOA.

Lora,
I cannot tell you how many times I hear similar stories from homeowners from across this state. Existing law that for any contract that clearly represents a conflict of interest of any board member they must declare that conflict prior to the discussion and vote by the board. If they fail to declare the conflict of interest it nullifies any contract put in place without that declaration. Current law already requires the association to provide access to any association record within 10 days of that request. All invoices from contractors are association records. Get the minutes of the meeting where the board awarded the contract for landscaping to a company owned by board members. If no record of a declared conflict of interest by the affected board members exist in that official record of the meeting , you have a legitimate cause for action. I would definitely petition the ADRE in the dispute resolution process on the two separate and specific violation of law. ($1,000).

If you want to go in that direction, contact me separately at azhoatruth@gmail.com and I’ll help you frame the petition, the choice of which avenue you take is yours alone. You can pay $500 per issue with ADRE or $350 to $400 per hour for an attorney to file a claim in Justice or Superior Court.

I’ve introduced legislation this session SB-1387 to strengthen the conflict-of-interest laws and provide for the duties of the boards to their communities.
Dennis

Thank you!!

Rhonda,

Any petition no matter what for is not secret and can and must be viewed by the board to confirm the eligibility of the signatures. Nothing stops the board from contacting any signee but if they try and intimidate that individual, they violate their duty to the association. To treat all homeowners fairly.
Dennis

Todd,

As a member of the Board io hope you understand that the Management company works for you and not the other way around. The management company has no right to defy any direct action by the board and by doing what they did would raise some significant concern over what they are trying to hide by their actions. Obviously, you had some reason for concern that is simply reinforced by the action of the management company. Audits are expensive but not mandatory and totally at the discretion of the board alone. The management company can either do what the board requested or be fired. Nothing else matters. Your contract with them can be terminated with or without cause but , insubordination is surely cause for termination. They can either arrange for the forensic audit immediately or be fired.
Dennis

Do I have to give all board members the user name a password to all accounts, like electric, water, corporation commission, etc.?