Declarent Controlled Board - Annual Meeting

Started by SB6 • 3 replies • 606 views

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SB6 (Arizona)
Posts: 1

Posted:

I have lived in this new development in Vail, AZ, for 4 years. We have a declarant controlled board and a management company that collects the dues. In fact, we are with the 3rd management company the board has hired. The three previous annual meetings were called by the homeowners; the management company's rep and developer's rep were invited. Basically the 10 homeowners were just trying to find out what was going on with the growth of the community and what was happening with the dues. Each meeting we officially requested to receive the financial report and expressed a desire to have a monument at the entrance of the development. These requests were never responded to. To our surprise, this year, the management company rep and the developer's rep set up the annual meeting. They have scheduled this meeting on a Tuesday afternoon during work hours, at a library in Tucson (which would be a 40 minute drive from our development), and we have been informed that each household has a 3 minute time limit to voice any concerns they may have. Is this legal? or merely unethical? It's obvious they don't really want anyone to come. Can anyone tell me if these declarant boards and management companies have city, county, or state oversight?

RoyalP
Posts: 1,104

Posted:

The corporate BOD is holding its' annual meeting at a location convenient to the BOD.

Proper ? - YES

Legal ? - YES

Convenient ? - NO

Does it make a difference ? - NO

The developer controls the BOD - The developer controls the majority of votes

Said location will also (from the BOD's viewpoint) curtail any and all Bu*l Sh*t from the membership.

Next time: CAVEAT EMPTOR

DouglasK1 (Florida)
Posts: 2,046

Posted:

The declarant board and MC has scheduled the meeting to be convenient for them, not the members. Most likely they are in or near Tucson, and don't want to work after hours if they can avoid it.

You would need to check your state and local laws to see if there is anything there regarding place, time, or speaking restrictions for meetings. In most places there aren't any.

Escaped former treasurer and director of a self managed association.

BarbaraT1 (Texas)
Posts: 821

Posted:

Developers never hold meetings unless they have to, so check your state laws and see what actions of a developer board must be done in an open meeting.

And yes, it's very common to hold the meeting at their own office, in the middle of the day both because it's convenient to them and to dissuade homeowners from attending. I had some homeowners accuse me of trying to keep them from my last annual meeting by holding it at 6pm at a church building a mile from the neighborhood and I explained that if I really didn't want them to come it would have been at 10am in a neighboring county.

In just about any state you're entitled to view the financials, so again check your state statutes to see how to formally request those.

For the monument - the lack of answer is your answer and the answer is no.

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