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JanM (Texas)
Posts: 142
Posted:
The comments are definitely non HOA. I found it interesting that a senator got involved.
HaroldS1 (Arizona)
Posts: 314
Posted:
It's been on TV also. This type of media coverage is never good. Just another bad hair day for all HOAs.
It appears this HOA has violated state law by not holding a hearing as requested. Instead, running up $35,000 in fines and attorney fees.
I thought it interesting another HOA he owns in would approve it if lowered somewhat. However, this HOA demanded removal completely.
A lot of the comments seem to be directed at the management company from homeowners in other communities who have the same management company. Arizona does not regulate management companies, so their only recourse is to petition their BODs to fire that company if it is so bad.
JohnC10 (Arizona)
Posts: 106
Posted:
I wasn't aware there was a state law. Unfortunately I think the H/O will lose in court.
HaroldS1 (Arizona)
Posts: 314
Posted:
Perhaps he won't. He has media and public support, and apparently has deep pockets to keep pursuing this, all the while keeping this HOA in public view, and by association all other HOAs. I'm not sure why an HOA thinks they are gaining anything by allowing a situation to become a media circus. They allow their attorneys to call the shots instead of using common sense to settle an issue. Harold
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By HaroldS1 on 09/15/2007 11:43 AM
They allow their attorneys to call the shots instead of using common sense to settle an issue. Harold

Harold, this needs to be stated again and again. IMO too many Boards rely on an attorney rather than using common sense. I have found that applying the Golden Rule leads one to using their common sense. Meanwhile, an attorney first wants to make money; second they want to win; third they want to be right; and lastly resolve a problem with the minimum of legal action.
HaroldS1 (Arizona)
Posts: 314
Posted:
Of course Roger, all an attorney has is billable hours. Your management style sounds exceptional, but too many HOA boards are not that lucky. They are made up of untrained volunteers who rely on the management company and/or the attorney for advice. And this is what happens. $35,000 in fines & fees and the HO has spent another $15,000 - SO FAR.
Who invented the concept of staffing HOA boards by tapping neighbors, usually with no experience to handle a major business involving thousands or even millions of dollars with no concept of what they are doing? Answer: Who wrote the CC&Rs? We see that so often here from a new poster: "I've just been elected to the board - what do I do now?" So of course the management company and attorney are there to lead and sway. It is just too tempting and of course all at billable hours. Is this a cash cow, or what? Harold
JohnC10 (Arizona)
Posts: 106
Posted:
******** are notorious for running up charges like that when they are very confident in their chances of winning. They see a big, fat fastball right in their wheelhouse and swing for the fences.

The H/O is claiming lack of due process as his defense. In court he's getting his due process wish. The bottom line comes down to the fact that he admittedly broke the rule and there's nothing stating that the HOA has to grant him an exception no matter how many hearings he does or doesn't get.

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