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
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?
Rhonda,
Both facts that you state are requirement of the law and subject to enforcement by the ADRE dispute resolution process. While these are clear open and closed facts the burden of proof lies with the petitioner. If you count days from the date, that you submitted the petition the association could argue that it took some reasonable amount of time to validate the that the signatures on the petition were valid. How many names were on the petition? Did you ask every signer if they were the owner of record for the property or if they were “in good standing” with the association? Good standing varies from association to association but anyone that is not in good standing can be disqualified from voting and from signing a petition for action. That is why I always recommend to homeowners that you get much more than the minimum number of signatures on any petition. If after review, the association determines that insufficient number of valid signatures, they have no obligation to call the meeting, they should inform you of that fact and allow you to get more signatures but clearly, they did not in your case. They cannot ignore the petition.
These are the type of arguments that association attorneys have used in the past to defend the association from violating the law. This is why i wanted you to contact me before you filed a petition. Because the association has clearly violated the law does not mean that you are guaranteed to win your case.
Dennis
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.
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
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.
Darlene,
There are many master association with sub associations within the greater community. All of those type communities typically require assessment from both the local and the master association. The CC&R’s for both associations should describe in detail the relationship and responsibilities of each association. If you have specific questions about the relationship, I’ll have to read a copy of each association CC&R’s to provide any clearer guidance.
Thank You
Dennis
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
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
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
Lisam,
Sorry I did not understand that part of your question. Accounts like this are association accounts and at least two current board members should have access to those accounts, to protect the association. If something happens to you and no-one else has access to these accounts, then the association would have a hard time re-establishing a new account. As with signature authority for association financial accounts you have to reassign that authority or change passwords if board members with access to those accounts leave the board.
Dennis
From Rhonda Wakai on Board Recall
Go to comment2023/02/08 at 7:08 am
From Dennis Legere on Board Recall
Go to comment2023/02/08 at 7:42 am
From Dennis Legere on Secret Ballots
Go to comment2023/02/08 at 5:26 am
From Priscilla Tramontana on Board Recall
Go to comment2023/02/07 at 2:23 pm
From Dennis Legere on Board Recall
Go to comment2023/02/07 at 8:36 am
From Darlene Demarest on Sub-HOA
Go to comment2023/02/05 at 5:15 pm
From Dennis Legere on Sub-HOA
Go to comment2023/02/05 at 6:54 pm
From Dennis Legere on Denied Access to Inspect the Books and Records of the Non-Profit HOA Corporation
Go to comment2023/02/02 at 2:26 pm
From Rhonda Wakai on Who can see signatures?
Go to comment2023/01/31 at 2:53 pm
From Dennis Legere on Who can see signatures?
Go to comment2023/01/31 at 1:20 pm
From Dennis Legere on Full Financial Audit
Go to comment2023/01/31 at 1:17 pm
From lisam on Which board members should have access to email account user name and passwords?
Go to comment2023/01/18 at 2:43 am
From Dennis Legere on Which board members should have access to email account user name and passwords?
Go to comment2023/01/18 at 6:17 am