Running for the board

Our current board is picking who can run against them in the next election for our POA. For the first time in ten years, the current board went around to those wanting to run looking at their properties to see if there were any CC&R violations to exclude them from running. The CC&R's state anyone on the board must be in good standing. My husband ran in 2013 with our property being as it is now and no one came out to look for violations. He was excluded from running this year because we had a fence violation which has been there for the past 5 years with no issues. We didn't get a letter that we were in violation until he put his name in to run for the board.Isn't this a conflict of interest, picking and choosing who can run against them? They also count the votes themselves which I think is another conflict of interest. We know of other property owners who have more serious fencing violations that we did and they have not received a letter stating they were in violation. The current board is picking and choosing who they want to target for violations. Is this legal?

With NpS, it's not technically a conflict of interest. But to me, it's worse than manipulative. It's sleazy and should cast serious doubt among homeowners about whether these members of the Board are fit to govern!

I do not think, in addition, in AZ that you can be judged to be in violation of your HOA's covenants or rules without a formal invitation to a hearing. Larry will know.

Larry also will know if the "board" counts ballots or if there must be some sort of inspectors of election, and whether you can watch the counting. What do your Bylaws say??? AZ laws?

If you really want to throw these jerks out, bring your fence into compliance immediately and show the ARC or Board your results. Maybe pictures of the new fence. That should clear you to seek election if you have enough time. But, you really need community support too!

There is not a whole lot of law on this subject in Arizona. No statutes to govern how board nominations should be made, who may count ballots, or whether a candidate may be excluded if not in good standing. In my association we ask members to submit their names as candidates in January. In March and April we receive ballots that must be mailed back by mid-May. Ballots are counted by our election committee, made up of members not up for election.

Then there is a whole other question as to whether good standing means not being accused of a violation. In my mind, "good standing" means only that assessments are paid up to date. ARS 33-1803 requires that if a property owner wishes to challenge a violation notice he must send a letter by certified mail within ten days. The association has ten days after that to provide the specifics of what was violated, when the violation was observed, the name of the party making the complaint, and the process for obtaining a hearing. The statute has no further requirements except that the owner is entitled to "notice and an opportunity to be heard."

To me, the mere accusation that a person is in violation would be insufficient to keep him off the election slate. There is a lot more ground to cover before a person can be found guilty. And what if the alleged violation is corrected? Does the fact that he was once cited forever bar him from holding office? None of that is addressed in the statutes, although ARS 33-1803 provides "Unless the information required in subsection D, paragraph 4 of this section is provided in the notice of violation, the association shall not proceed with any action to enforce the community documents, including the collection of attorney fees, before or during the time prescribed by subsection D of this section regarding the exchange of information between the association and the member."

ARS 33-1803 provides, "At any time before or after completion of the exchange of information pursuant to this section, the member may petition for a hearing pursuant to section 41-2198.01 if the dispute is within the jurisdiction of the department of fire, building and life safety as prescribed in section 41-2198.01, subsection B." The filing fee is pretty steep but if you prevail you get your money back.