Who Enforces HOA Meeting Laws?

There are state laws governing open meetings for HOA's here in Arizona. My question is who enforces those? What recourse do members have if the BOD isn't following the law?

And just an fyi, two members still have a year left on the board (three member board) and both survived a recall earlier in the year so can't be recalled again.

Wasn't expecting the cops.

So basically there is an open meeting law, but no enforcement. So basically a worthless law that not a single HOA needs to abide by.

That's not what I said.

Tim summed it up well. Baring state by state ombudsmen, the enforcement of CC&Rs is thru the membership at meetings or failing that, through the courts.

You can hire a lawyer, go to court and compel them to follow the open meetings laws as required.

So let's see there was an attempt to recall two members of the board. That attempt failed because 1) those pushing for recall did not find enough support
2) those being recalled found enough support to beat the recall effort 3) several combinations of 1 & 2. So if the recall failed in general terms the majority of homeowners did not support the recall. In most cases that is how HOAs function.

And the question now being asked who else beside the owners can now affect change after a majority of owners failed to remove the current board members?

I too have to wonder what violation of the open meeting laws Don now seeks to rectify. And is this a legitimate issue or simply finding issues with those still serving.

You were/are on the Board, Don? Now I really want to see examples of violations of AZ's Open Meeting Act!

You Owners enforce the law, Don. If your board starts breaking the law, gather support from other Owners to demand to the board that they hold one meetings, provide proper notice & agendas, or whatever!

Are you still on the Board? How many are there on the Board? Is there someone on your board now who wants to make decisions in secrecy behind owners' backs? If not, why are you worried? Do you have a property mgr.?

Your fellow director also is on the board of another HOA. You wrote: "That HOA won't notify other Board members or homeowners about meetings." What do you mean by "that HOA" if it's not he Board itself?

I've gotten the information I need. Thanks.

Basically, if the homeowners don't care, there's really not much that can be done. That's kind of what I thought.

Well, the good news is that it hasn't happened and, since you are on the Board, you are in a position to ensure it doesn't happen (even if you need to be the one who volunteers to announce the meetings to the membership).

We plan our meetings 3 or 4 months in advance. Those dates may change, but we can still advertise the meeting dates in time through our newsletter or website.

Don

Are you saying you expect an uprising/problems come this years election? From what you say two of you have a year remaining on your terms and the 3rd spot on your BOD is up for election. Upset people (those that tried to recall you) or not, the election of one person for an open spot should be simple.

What problems are you expecting?

The other remaining board member is the one who started the recall. And the whole reason was to try to gain control of the community, replace the property management company, landscape company, etc. with people she is associated with. By having two members recalled, she would have been in a position to appoint the remaining board members. Since that didn't happen, there is now the possibility that one of her cronies could be elected to fill the vacant spot.

I'm hoping none of this happens and we continue the way we are going. However, it was pure hell here for almost 6 months with the recall and the aftermath. And knowing how this person runs the other communities she is involved with, not giving notice to the community or other board members is a distinct possibility if the wrong person gets elected. So again, not saying it will happen, but was trying to figure out things ahead of time, just in case.

Maybe I'm not reading carefully, Don. There is one vacancy coming up, right? But it's neither you nor the other against who a recall was attempted? So it's "her"?

How is it she can sit on so many other HOA boards? Do none have directors must be Owners And residents?

Again, how many in your HOA? What were the alleged justifications to recall you & the other?

Read your contract with your PM. Many, like ours, says the PM shall not follow board directives that oppose your governing docs or state laws.

I agree.

I'm usually at work when I'm reading and posting, so while I'm not trying to excluding information or be short, sometimes due to time constraints, that's how it is coming across.

And I think I said I got my answer some posts ago, so I didn't see the need to continue. Basically it's up to the homeowners to enforce this law. And if they aren't interested, it doesn't appear there is much that can be done.

If more information is needed of me, I'll provide whatever it is anyone wants....

And here is some information requested. Three person board, 300 single family home HOA. Two board members (myself being one) were recalled but survived (two different recall drives...long ugly story), bottom line, neither can be recalled again and both have a year left on their term. Third member was appointed 6 months ago. That position comes up for election in two weeks.

The other board member still on for another year is on the board in at least two other HOA's. All of the communities only require home ownership, not residence.

Anything else that is needed, I'll try to fill in. As I said, I pop in and read when time allows, sorry if I'm not providing information on a timely manner.

There is a crazy program setup in AZ to try to eliminate costly lawsuits. It is embedded in the Department of Fire & Safety. Using it was blocked for a couple of years while people went to court over whether it had a legal right to be taking care of these disputes. But, it is 'back in business' now and collecting $750 per dispute fees as of 2015 (fees started out at $50). You can read about it here:
http://www.dfbls.az.gov/hoa.aspx

I can tell you that most cases I have seen have gone on to the state Ombudsman. And, you had better have your 'ducks in a row' to win. They usually side with the HOA Board, but if you have really good cause, you can win.

Larry's advice looks good and is we would do it in our HOA too. E also wwoud set up a table to invite H/Os to sit down and chat with us about the election. But the HOA's need a space to do that.

Sharon's info looks promising!

Am well aware of absentee voting, but thanks.

And right now, I am doing what I can do to gather support for the candidate I think would be the best fit for the Board. So hopefully none of any of the about is even an issue.

OH, and also, door-to-door is good if the HOA has a high % of owner occupants. We have 58% owner-occupants, and it is difficult to reach the landlords except by US mail, (which, of course is how they get their mail-in ballots).