HOA Abuse

Christina,

Is your association a condo or stand-alone homes? Is the developer still in control of the association? How large is your association?

If the developer is still in control of the association, they do not have to inform you when the board meets but if you somehow learn of a board meeting they must let you in.

Whether the developer is in control or not, the books must always be made available upon request.

The CC&R's normally say who must pay assessments and usually gives an intitial assessment rate. The board has no authority to modify the CC&R's or waive payment unless that power is granted in the declaration.

The Arizona Revised Statutes are available on line at http://www.azleg.gov/ArizonaRevisedStatutes.asp

HOA's are governed by ARS 33-1801 thru 33-1817 and condos by ARS 33-1201 thru 33-1270. In addition, if your association is incorporated as a non-profit it must comply with ARS 10-3101 thru 10-11635.

Unfortunately, owners in Arizona are pretty much on their own if they wish to assert their rights either under the law or under their declaration. ARS 33-1803 makes a reference to filing a complaint with the department of fire, building and life safety "if the dispute is within the jurisdiction of" that agency. The problem is that the state Supreme Court ruled several years that the department of fire, building and life safety has no jurisdiction. If you want to assert your rights you will have to retain an attorney and seek relief in the courts.

Where else does the money comes from in a HOA? It comes from the members. That means the HOA has to have the money in their budget to pay for your repairs. Sounds like they are willing to fix it but may not have the funds to do so. However, that means they must assess ALL the owners equally to cover the costs of project. Unless there are other factors here.

Maybe not seeing the forrest for the trees here? A HOA can NOT really restrict rental legally. Only state that can do that is possibly California. That is just come into play in the last year. A HOA can't interfere with the contract of an owner and tenant.

We can always find issues or favoritism when we don't get what we want....

Take the action to court. If a person receives a summons from a sheriff, it tends to open their eyes a bit. If you don't believe me goto http://www.oscn.net/applications/oscn/GetCaseInformation.asp?submitted=true&viewtype=caseGeneral&casemasterID=292819&db=Canadian this is my case I have filed in court. Read my affidavit to see my points and what actions I am taking against my hoa in court. Just to let you know, a week after the hoa president received my summons, which was served to her by the sheriff, the hoa disbanded. Please read my affidavit closely. It is a very lengthy affidavit, however in a lawsuit, you must state everything you want done in detail.

Melissa,

I thought that at first as well. Then I looked at his past posts and read some, not all, of the court filing he provided.

It sounds like his Association is still under declarant control (but I could be wrong) and we have numerous threads on this site where this can cause problems and/or misunderstandings. Reading the compliant it also sounds like some, not all, of the issues just escalated into nonsense (perhaps a bit on both sides). However, Robert is the one being directly affected and I am not. Perhaps if I was being affected by the things Robert describes, I would have a similar perspective.

Robert,

I wish you luck as nobody knows how a court will rule until it does.

Tim

In Arizona, neither Justice Courts nor their Small Claims divisions have jurisdiction to issue an injunction to require production of documents. The homeowner has to go to Superior Court to seek that relief.