BOARD DIRECTOR WRITES HIS OWN RULES

Hello troops. Have a board of director that has written his own instructions inm regards to entry into the complex when it comes to his property. The director's instructions are being honored by the gate staff in my gated community. The president of the HOA is allowing this owner to do this yet the rules are different for the remaining 78 owners. Is there any legal language in any of the AZ statutes that speaks to "creating a special class" of owner?
Thanks again.

Joanne

Are we going down the summons serving route one, or two, or three more times?

If so, this is getting rather tiring.

Joanne … another option for the president to consider is just informing individuals who enter and going to that residence are made aware of any “threats” openly made by the owner. It then is the individual or process server’s choice to proceed forward after being properly informed.

Now here is the thing … you don’t need to worry about the process server getting in the gate because the process server will most likely have been around the block a few times and knows the steps they need to follow under the law. They most always get their guy.

If you know who is trying to have the individual served, then due to the threats they can potentially request the Sheriff or Police do the service. Bet when the cop car pulls up to the gate and flashes the lights it will be immediately opened with no questions asked.

Janet,

As you know, rules are adopted by the Board.

Based on your other threads:
PRESIDENT GIVES ONE OWNER SPECIAL PRIVILDGE
PROCEDURES FOR PROCESS SERVERS
ETHICS OF BOARD MEMBER WITH JUDGEMENTS
it's obvious that this person has the support of enough of the Board. Don't blame the gate staff, they are following rules given to them by a duly elected board member. If that board member overstepped their authority and acted without board approval, then the issue needs to be discussed by the board. If the Board isn't willing to discuss the issue and take actions OR if there is a majority of the Board that supports those actions (for whatever reason) then there is little you can do other than to start a recall campaign to remove that one director.

Hope this helps,

Tim

Hi Tim, Apparently what has happened is that the director/owner has threatened to sue the HOA if they did not allow him to be an exception to the existing policy. The president unilaterally made the decision to permit the owner/director to write a policy for himself. As far as I am concerned, it is the act of giving this owner/director special treatment over other members of the corporation. No one blames the gate staff. In fact, the staff feels badly that they are not enforcing the policy in an equitable manner. I keep going back to "what is fair for one if fair for all" in an HOA. The board has had two executive sessions and various legal opinions and still has NOT announced it's decision on whether or not it is reversing the policy. Would it not be fair to conclude that no one is an exception to a policy? Always appreciate your input.

No. It's certainly an expectation but there are waivers for lots of policies.

Examples:
You may have a no pet rule but service animals are an exception.
You may have a no deliveries after 5 p.m. rule but it's 7 p.m. and the pizza delivery vehicle is allowed in.
You may have a no parking rule but emergency vehicles are allowed to park there.

There are typically exceptions to every rule. The thing to remember is to keep the exceptions to a minimum, that the exceptions are reasonable and pass the common sense test. Boards should even consider rewriting the rule if there are more exceptions than expected.

That said, If the guards don't announce all visitors, then it's unreasonable to announce only certain ones or for only one person. I believe that this is also what you expect. It's probably safe to say that everyone on here believes the same.

However, we are not in your Association and it's your Board that needs to respond to the issue. If the Board doesn't want to address the issue - and the issue is big enough to attract the attention of others - then the membership must act by recalling the Board or seek legal action to enforce the rules.

Now with all that said. Lets deal with reality.
In a real world, most of the membership could care less if the gate announces visitors to this individual or not. I understand how it can irk some people that one member is getting preferential treatment. However, unless this issue is directly affects other members - I don't see them getting involved (just as it appears your Board doesn't want to be involved).

My advice, let the issue die.

Tim

Glad I could help.


In my opinion, the proper way to expose this would be through a recall petition.

Hi Joanne:

My concern here is the battle you are waging could put yourself and fellow homeowners at risk.

Potential Scenario:

The owner made threats and the visitors entering to go to the home are not aware of said threats. The owner acts upon the threat and potentially seriously injures or heaven forbid kills someone. The police reports and other surrounding owners will be talking to police and possibly news reporters and verify that the threats were made. Now whoever was harmed or their family turns around and sues the HOA for an extremely large sum of money, because of the voiced threat regarding unannounced visitors was made by the owner and appropriate actions were not taken to protect said unannounced visitors by the HOA (who had a guard gate in place to enable executing precautions).

Question: Would the battle regarding the gate be worth the out-of-pocket expense you and your neighbors could incur if slapped with a multi-million dollar lawsuit? Today’s society is full of sue happy individuals who are willing to sue for about anything, so be sure to consider the large picture and all potential consequences. Remember we all joke on here that you can sue a ham sandwich.

Now granted I am playing devils advocate here, but I agree with Tim … let the issue go as potentially the best interest of the overall HOA members is being considered. The board potentially does not want to reverse because they believe it is the right thing at this time to protect the members. Open well known threats made should be taken seriously and precautions taken, if possible.

Joanne,

To expand on Janet's comments, there are always unintended consequences that come with any decision. As you pointed out in previous posts, this individual appears to be a bit off of center.

If you are the one to start a recall campaign against him, you may become the release for his frustration. Based on your posts, your not sure what he will do but you do know what he has said he would do to others and no one can tell how someone will react when they feel cornered.

As Janet said, be aware of all potential consequences.

Tim

Hi All! Don't know where the "pet" comments are in this thread, but to respond to Janet.....We recently received the minutes of the meeting where the director/owner loudly announced all of his stuff about the gun and the potential threat to shoot someone and blah blah blah and the ONLY reference in the minutes was that the director owner refused to recuse himself. My friend on the board had to argue with the other directors to get even that statement in the minutes and there was not one other word and this discussion took up a fair amount of meeting time. I personally feel there is a responsibility by this board to get this on record because the minutes are LEGAL documents. With all the tragic events that happen on a daily basis, I do NOT want my HOA to become a headline someday and more importantly, I do not want someone hurt and who is to say what someone will do. Through a series of emails, word is starting to leak out about the director/owner getting special treatment from the president. The past directors, which includes me, have written a letter to the board requesting the minutes be amended to include the significant information. At least the rest of the residents will learn about the potential safety issue. This has been an interesting lesson on how people will keep their heads in the sand. Thank God I do not live too close to this director/owner.

Hi Peter...Having served as the secretary of the HOA, I don't disagree with what you say EXCEPT when there is a threat of both litigation and physical harm, just a sentence reflecting such should be included for historic purposes. My friend serving on the board was a secretary to the BOD for a billion dollar corporation and she too feels this needs to be recorded in some way. Who knows what the future will bring. When she voted to not approve the minutes because of errors, the president of the board told her she could not do that!! Outrageous stuff going on here. He criticized her in a public forum, and later apologized privately.

Thanks for the reply. I was under the impression that minutes are legal documents and that is substantiated by the fact that they are voted on. I could be wrong. What is being asked to be put into the minutes are the statements of the bod/owner who publicly made the statements telephonically before 20+ owners in attendance. I have contacted the police dept but fear that I may be targeted as he has threatened me with statements that he would see me in court if I did not drop this issue.

Hi Brad....You are right on both counts. I just find it so disappointing that people just don't care to stand up and do the right thing. Personal agendas has NO PLACE when it comes to governing. Thanks to all for the input. This makes me feel like the inmate ios running the prison.

Joanne...i agree, but take solice in the fact that his day of reckoning is coming and when it does you can watch with a smile on your face.