Jomar HOA Harassment/Violating Statutes

Kathy,

Based only on your posting, I would like to restate some of the facts you presented from a perspective that Jomar may be seeing it:

1. Files received by AAM from Jomar were incomplete

2. On 7/26/06 Jomar rightfully requested copies of approval from homeowner for work completed that, in their eyes, may not have been approved.

3. Your response to that request was not mentioned

4. On 8/1/07 (perhaps by new committee seeing problem not resolved) Jomar sent 2nd request for a copy of previous approval.

5. Your response to that request was not mentioned.

6. On 9/19/07 Jomar issued a notice of violation for work, in their eyes, not approved

7. You submitted another request on 9/30/07. Not knowing any of your previous responses, this act may have given Jomar an impression that the work wasn't previously submitted.

8. Jomar, based on existing guidelines when the request was received, denied the work.

If you view this issue from a different perspective you can see some of the reasons why things happened the way the did.

Questions:

1. Did you receive written approval from AAM or just verbal?
2. Does AZ or your governing documents set a time limit for responses to submitted design change requests? If yes, what is the time limit?
3. Do you have return receipts for the certified letters you sent?
4. Does your HOA have a due process procedure written? If yes, are they following it?

To try and answer some of your questions:

Correspondence missing from files of an HOA or any other organization happens. When the missing correspondence affects you or someone you know, it becomes frustrating and usually the responsibility of proving something happened that the missing documentation would have shown is that of the individual affected. I'm not saying it's right. That just seems to be how it works.

As for the request to inform you of the alleged violations you are being fined for, based on your posting, I would have to say that it appears they must have explained it well enough. I do agree that the Association should have responded to all of your requests, certified or not.

As for consequences for the HOA violating AZ law, Mary would be the best to respond to this. Based on my experience, unless it's deemed criminal activity (like embezzlement) the only recourse for a member is to work it out (like you are currently trying to do) or take legal action. Based on your posting, I still believe you have options available prior to considering any legal action.

Some Suggestions:

1. Contact someone from AAM or a neighbor that served on the Board and see if they recall your application. If they did, have them write a letter stating that fact.

2. Request copies of minutes for December 05 - March 06 to see if your approval is mentioned (this can be used as proof that your application was received and authorized).

3. Follow up every phone call with a letter or e-mail thanking the person for the call and restate what you understood to be said, agreed to and disagreed with. This provides documentation for any future actions.

4. Based on your posting, the issue is not just going away. If you haven't been, become proactive in resolving it. Attend the next meeting of the Board of Directors and at the meeting ask for a hearing/appeal at a future date (however, be ready to proceed right then and there if they want to hold it then).

I know that some of this might not be what you were hoping to hear. Based on your posting, this is my advise. This advise may change if I knew more facts and what was in your Associations governing documents.

Hope it helps.

Tim

Yes, they are harassing me. When I mentioned all of the phone calls and emails, we discussed the situation civilly over and over. I could not locate the original approval (OR the original request). The request was in their files and they sent it to me. I never had HOA problems before and didn't expect this. Yes, that is a lesson I learned. So I went ahead and submitted a NEW architectural change request with the current HOA. They DENIED it because it was for work already done (duh!), and they lied about the driveway being within 18" of property, and they changed the rules for max. width AFTER the original request and work was done.

So, the 1st HOA manager dropped it finally. Then a NEW HOA manager started it up again. I have had conversations with him as well on the phone and emails. What is the purpose of submitting YET ANOTHER request over and over if they will deny it. They have never answered that question, have never responded to my APPEAL, have not responded to my request for a hearing, have never responded to my CERTIFIED LETTERS where they are required to respond (specifically items D, #1 and #4) according to AZ Statutes.
1. The provision of the community documents that has allegedly been violated.
4. The process the member must follow to contest the notice.

So I call this HARASSMENT!!

33-1803. Penalties; notice to member of violation

A. Unless limitations in the community documents would result in a lower limit for the assessment, the association shall not impose a regular assessment that is more than twenty per cent greater than the immediately preceding fiscal year's assessment without the approval of the majority of the members of the association. Unless reserved to the members of the association, the board of directors may impose reasonable charges for the late payment of assessments. A payment by a member is deemed late if it is unpaid fifteen or more days after its due date, unless the community documents provide for a longer period. Charges for the late payment of assessments are limited to the greater of fifteen dollars or ten per cent of the amount of the unpaid assessment. Any monies paid by the member for an unpaid assessment shall be applied first to the principal amount unpaid and then to the interest accrued.

B. After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association. Notwithstanding any provision in the community documents, the board of directors shall not impose a charge for a late payment of a penalty that exceeds the greater of fifteen dollars or ten per cent of the amount of the unpaid penalty. A payment is deemed late if it is unpaid fifteen or more days after its due date, unless the declaration, bylaws or rules of the association provide for a longer period. Any monies paid by a member for an unpaid penalty shall be applied first to the principal amount unpaid and then to the interest accrued. Notice pursuant to this subsection shall include information pertaining to the manner in which the penalty shall be enforced.

C. A member who receives a written notice that the condition of the property owned by the member is in violation of the community documents without regard to whether a monetary penalty is imposed by the notice may provide the association with a written response by sending the response by certified mail within ten business days after the date of the notice. The response shall be sent to the address contained in the notice or in the recorded notice prescribed by section 33-1807, subsection J.

D. Within ten business days after receipt of the certified mail containing the response from the member, the association shall respond to the member with a written explanation regarding the notice that shall provide at least the following information unless previously provided in the notice of violation:

1. The provision of the community documents that has allegedly been violated.

2. The date of the violation or the date the violation was observed.

3. The first and last name of the person or persons who observed the violation.

4. The process the member must follow to contest the notice.

E. 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. 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.

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Tim,

I want to thank you for your response. One suggestion that I will take you up on is to contact previous HOA AAM and request copies of minutes from 12/05 and 1/06. Sometimes we get caught up in the entire mess and lose focus on specifics.

I did not post any of this just to rant, but I was not very specific in details in my original post. I am frustrated that the HOA is NOT being reasonable and is blatantly violating state statutes and I need help on how to proceed.

Thank you,
Kathy

Kathy another place to check is with the local zoning board in case you filed a copy of the ARC approval with your application for the building permit.