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GaryH5 (Arizona)
Posts: 1
Posted:
If a BOD or management co are not fulfilling there duty to enforce CC&R's is there a governing body in AZ that they can be reported to?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
A HOA is run by it's members FOR it's members. I type that ALOT. If your BOD isn't doing it's job then going outside of your HOA just causes more issues your all not prepared for. It is ALL in your documentation of what you can do with a BOD that isn't working for you. There can be a recall of the board and new elections. Just make sure you have people willing to run for those positions if you do remove a board. Keep yourself informed and attend meetings is the best route for you to follow. Don't just sit at home and read the minutes. Attend and involve...

As far as the MC...they are a contractor to the HOA. They do what the BOD tells them to do. If this relationship isn't working then gather up 3 competing bids when their contract is up and change them. No one said you were stuck with a MC if they are a paid contractor...

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
Gary:

this is a fairly simple one...if the Board isn't doing its job then they either get recalled or voted out at the next election and replaced. If the MC isn't doing their job then you follow provisions in that contract to correct or terminate them.
PetunkaM (Florida)
Posts: 1,009
Posted:
If a BOD or management co are not fulfilling there duty to enforce CC&R's is there a governing body in AZ that they can be reported to? (Gary)

Gary,

I do not know about Arizona, but as a guideline in Florida:

BOD: NO. There is NO governing body that oversees HOAs. Any enforcement is by private civil action (suing the board).
Management company: YES. CAM must have a license and any violation can be reported to the Dept. of Professional Regulations.

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