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Old 03-24-2013, 10:13 PM
 
Location: Hard aground in the Sonoran Desert
4,866 posts, read 11,217,036 times
Reputation: 7128

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Since there are so many HOA's in the Phoenix area I wanted to share this so others may not get blindsided if they face a similar situation.

Our subdivision had our first election Thursday night to elect our board of directors for our HOA. Up until this point the board was controlled by the builder and it was time it was turned over to the "homeowners".

We showed up for the meeting and the homeowners that were running for the board of directors got up and introduced themselves. We had a previous mailing that listed all the candidates and their bio's. After they introduced themselves they passed out ballots with the homeowners that just introduced themselves and we voted.

After they tallied the votes, and much to every homeowners surprise, we found out that three board members were elected to our five member board that ARE NOT EVEN RESIDENTS OF OUR COMMUNITY. Apparently there is a large chunk of undeveloped land owned by an investment company in our subdivision and that chuck of land counts for over 300 votes. The investment company "wrote in" three candidates that don't live in the community to represent their interests and their three "write-in" candidates each received 300 votes which is hundreds more than the next closest person got. So we have an HOA ran by a five member board and only two of the members are homeowners. We elected boards members that didn't even show up to the HOA meeting.

How the hell does that happen? We were all shocked and I'm now wondering if there is anything we can do about it.
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Old 03-24-2013, 10:28 PM
 
2,773 posts, read 5,722,192 times
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1) Who was the builder?

2) Some city halls have a person that resolves HOA/owner disputes. You might give them a call.
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Old 03-24-2013, 10:31 PM
 
Location: Hard aground in the Sonoran Desert
4,866 posts, read 11,217,036 times
Reputation: 7128
Pulte is the builder.
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Old 03-24-2013, 10:46 PM
 
2,773 posts, read 5,722,192 times
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Just a scumbag move. I'd look for city, then county, then state help, before having to spend money lawyering up.
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Old 03-25-2013, 05:31 AM
 
Location: Gilbert - Val Vista Lakes
6,069 posts, read 14,773,863 times
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Many CC&R's allow for non-residents to sit on boards. They also allow more votes for commercial land.

The only way to get around that, in my opinion, is to have the CC&R's modified; that will cost money, plus it will require that about 90% of the community vote, which is very difficult to achieve.
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Old 03-25-2013, 05:49 AM
 
Location: In a cave
945 posts, read 967,847 times
Reputation: 721
Quote:
Originally Posted by LBTRS View Post
Since there are so many HOA's in the Phoenix area I wanted to share this so others may not get blindsided if they face a similar situation.

Our subdivision had our first election Thursday night to elect our board of directors for our HOA. Up until this point the board was controlled by the builder and it was time it was turned over to the "homeowners".

We showed up for the meeting and the homeowners that were running for the board of directors got up and introduced themselves. We had a previous mailing that listed all the candidates and their bio's. After they introduced themselves they passed out ballots with the homeowners that just introduced themselves and we voted.

After they tallied the votes, and much to every homeowners surprise, we found out that three board members were elected to our five member board that ARE NOT EVEN RESIDENTS OF OUR COMMUNITY. Apparently there is a large chunk of undeveloped land owned by an investment company in our subdivision and that chuck of land counts for over 300 votes. The investment company "wrote in" three candidates that don't live in the community to represent their interests and their three "write-in" candidates each received 300 votes which is hundreds more than the next closest person got. So we have an HOA ran by a five member board and only two of the members are homeowners. We elected boards members that didn't even show up to the HOA meeting.

How the hell does that happen? We were all shocked and I'm now wondering if there is anything we can do about it.

Who buys a house in a HOA in the first place? Have you not heard the endless stories of excessive fees that run amok, dictatorship type powers of HOA elites and a host of other negative attributes including making your house less desirable and valuable?

You didn't perform due diligence, something basic questions and a parcel map would have answered. Are you upset someone that owns vastly more land than you within the HOA limits has more votes? It sounds perfectly normal to me, and you are mad that you can't have your cake and eat it to.

Sell your house, due diligence on the next one. Lesson learned.
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Old 03-25-2013, 08:25 AM
 
Location: Hard aground in the Sonoran Desert
4,866 posts, read 11,217,036 times
Reputation: 7128
Quote:
Originally Posted by derosterreich View Post
Who buys a house in a HOA in the first place? Have you not heard the endless stories of excessive fees that run amok, dictatorship type powers of HOA elites and a host of other negative attributes including making your house less desirable and valuable?

You didn't perform due diligence, something basic questions and a parcel map would have answered. Are you upset someone that owns vastly more land than you within the HOA limits has more votes? It sounds perfectly normal to me, and you are mad that you can't have your cake and eat it to.

Sell your house, due diligence on the next one. Lesson learned.
Who buys in an HOA? Only about 75% of the people in the Phoenix metro.

Well, maybe I was naive to think that the candidates on the ballot were the actual candidates that were running and who we were picking from. This is the first HOA election I had been part of and based off of the reaction at the meeting no other homeowners seen this coming.

The investment company only pays 25% of assessments on each undeveloped lot, it doesn't make sense they would get a full vote for each lot just as a homeowner who pays 100% of the assessment.

Captain Bill: Is that normal to get a whole vote on an undeveloped residential lot when the investment company is only paying 25% of assessments on each lot? Thanks for your informed input!

Last edited by LBTRS; 03-25-2013 at 08:47 AM..
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Old 03-25-2013, 09:41 AM
 
9,741 posts, read 11,152,452 times
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Quote:
Originally Posted by derosterreich View Post
Who buys a house in a HOA in the first place? Have you not heard the endless stories of excessive fees that run amok, dictatorship type powers of HOA elites and a host of other negative attributes including making your house less desirable and valuable?
An HOA has pro's and con's. Some people feel the need to have chickens, paint their home purple, park junkers on the side of their home, leave their garbage can out in the street for the entire year etc. For me, the HOA sorts out people who want unconditional freedom. So I take the good with the bad. So to me at least, the HOA makes the house more value (not less). It also depends on the HOA. I'm sure some are terrible with excessive fees, waste, clicks, etc. I think we get a very good value for what I get. Other people mileage may vary. No doubt, people stay away because of the HOA that is in place because they think it is too expensive. I'm happy a subset stays away. IMHO, if they don't see the value, they are too cheap.

There are a three specific rules I do not like. But the rest I agree with.
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Old 03-25-2013, 09:47 AM
 
Location: Arizona
8,268 posts, read 8,643,023 times
Reputation: 27662
If you owned an undeveloped lot wouldn't you get a vote? Would you expect to pay the full HOA fee on an undeveloped lot if you owned one? I am very pro HOA but you have to be very careful when you buy in an area that is not built out. Just the years of future construction will keep your home dirty and the streets torn up.
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Old 03-25-2013, 09:52 AM
 
Location: Hard aground in the Sonoran Desert
4,866 posts, read 11,217,036 times
Reputation: 7128
Quote:
Originally Posted by thinkalot View Post
If you owned an undeveloped lot wouldn't you get a vote? Would you expect to pay the full HOA fee on an undeveloped lot if you owned one? I am very pro HOA but you have to be very careful when you buy in an area that is not built out. Just the years of future construction will keep your home dirty and the streets torn up.
Agreed, they were building like gangbusters when we purchased here...they suddenly stopped around 2008. Live and learn.

I wouldn't expect a full vote if I was only paying 25% of the assessment the other vote holders are.
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