laws governing HOA's

[Dominic Tomasso]

I believe , we all can agree, that if a CC&R , or By-law conflicts with a State Statute, the State Statute rules. With that understanding, don't you think that there must be or should be a specific Statute that spells that out. That is what I'm looking for otherwise when a member of an HOA is told by a property manager, that "The revised State Statutes supersede all HOA governing documents", just saying that doesn't make it so. Unless this was added, "only if the HOA governing document conflicks or is violation with a revised Statute." Homeowners Associations are being formed every day and the Rules always refer to the governing documents as their CC&R's and by-laws. ( I have yet to see one that includes," but the revised Statutes supersede all HOA's governing documents.)

Just as a side note, Arizon State now has a new law stating that HOA's associations that have problems can have them adjudicated by the Department of Fire, Building and Life Saftey. Got a problem, file a fee of $550.00, non refundable, to get a hearing. I have a problem. I'm told that the Arizona Revised Statutes supersede all HOA's governing documents period. Here's my $550.00 dollars. Is that statement true, if so where is the law that supports that statement.

Do you mean I have to pay $550.00 to find out if there is such a law? Get real. So who should know where that law is , if itthere is a law. Please tell me.

[SouthernBelleInUtah]

Call your state legislative representative's office or your local city council member and ask them.

Sent from my DROIDX using Tapatalk

[kcsnowhite7]

Originally Posted by DMenscha

CA has a law (Davis Stirling) that governs how HOA's conduct their business. Basically any HOA that doesn't adhere to the provisions of the law can be fined.

TY for this info! This is my first post, I'm sure it needs to be it's own "thread" so my apologies from the get go.

My parents Quit Claimed the "airspace" I own in CA due to harassment by Property Management (PM). My parents were on the Title because I was going through a divorce & when I sold my home and moved to "Hotel CA" -- the interest was was 10% pts LOWER with them having a NOO loan than it would have been for the them to co-sign. So from 24 March 2003 until 26 March 2015 my parents were the "Owner's of Record" and I was considered a "tenant" even though I made the Mortgage Pmt until it was paid off in 2010.

Knowing that I know what kind of skeevy operation the HOA is running with the Property Mgt Co., the LAST thing they wanted was for to OWN this own Toxic LLEH-Hole (literally) there is mold so bad in the livingroom ceiling from the 35+ y/o leaky tile roof, that I have COPD after 53 years of never smoking a day in my life. So when they started harassing my parents after I fell on the neglected cement & asked to file a claim, they starting sending pictures of my car backed into the stall next to a giant truck that was backed in also, but the tenant is a relative of the "illegal" gardeners.

It is that tenant, who on Easter Eve, shut off the water at the main that affected 6 condos, including mine. I called PM, got the answering service, left a message, they in turn called me back and told me I needed to call the Property Manager, to which I replied: "I did! You just called me!" There was only one other light on and the front door was open so I asked the resident if her water was off too? She shuffled to her kitchen in her slippers, turned on the faucet and said: "Yep, it's off here too." Went home and was back 'n forth with the answering service who called the PM "on call" who in turn called the onsite Prez of the HOA BoD. Around 9:45 pm I was told that (by some miracle) it would be on in the next 15 min., if it wasn't then I could call them back. At around 10:10 pm it was back on but when I went to brush my teeth at 11 pm it was off again. At midnight I still didn't have water so I called the answering service again and was told that "hot water" isn't on the "emergent list" and I could call a plumber at my own expense in the morning. Uh...I have NO WATER! When I went to the main at 7 am I noticed that there were a BUNCH of tied up trash bags with water bottles strewn on the grass (I took a couple pics because they have an infant but it looked like they were prepared for the "outage") the main is CLEARLY marked in BLUE on the wall with an arrow pointing down to the shut-off valve, also clearly painted blue with an area around it that was without leaves. I turned it, checked the water faucet, it dripped, so I went home. Still no water. I called the City's Emergency hotline, but for 13-15 hours I didn't have water and I was late to Easter lunch because there was no way I could go anywhere smelling like angry-sweat.

By now you're asking: "Why the long-winded essay?" Glad you asked. I went to my first HOA on 21 April 2015 I brought it up because during one of my conversations with the answering service I was told that "noone else had reported it." Odd. The tenants on the end were home, their dually was in the stall next to mine and they lady in the slippers knew it was off but this idiotwas talking to me like I was lying. So at the meeting when I asked about it, the PM dude & 4 of the 5 ladies on the BoD just looked around and shrugged me off. By this time I had spoken to a supervisor with the City Water Management Dept. and I know for a FACT that it's ILLEGAL to shut off the water, the City can't even do it unless there's an uber emergency without prior notice so everyone can prepare.

Come to find out the neighbor whose door I knocked on, with the shuffling slippers, is the President of the HOA BoD. I went to her place a couple days ago and asked her why she pretended like she didn't know? Why wasn't it on the minutes? Just why? Her response: 1. It didn't affect me; 2. I thought the City had turned it off for some reason; 3. It didn't affect me; 4. It's been a long time ago, you need to get over it (); 5. I talked to the tenants, it was an accident; and 6. It didn't afft me -- I told her I thought the PM dude was the bad guy, but it seemed he wasn't working alone. Then, with tears in my eyes, I asked for the vote and financials for the pricey light pole that was installed over a two-week period (by the gardeners on the cheap) to deter people from putting large items "next to" the dumpster as opposed to "inside" to which she replied: "You need to stop attacking people! You need to stop attacking ME! Stop ATTACKING ME! LEAVE!"

I went over to my son's house, cried like a little girl with a skinned knee and drank a beer. This is just ONE incident. PM made it clear to my parents that if "she [me] doesn't like it there, then she needs to move..." My dad agreed that it sounded like they're "targeting" me. Gee dad, ya think?! God love 'em... I need an attorney ASAP. Seriously... I can't stay here, but I can't rent it out let alone sell it. It's a sick condo with visible water damage and major mold, which by the way, was tested in 2010 by some dude in HazMat gear when the ceiling was replaced and left open to "dry" for 3+ days. The contractor that did the repairs doesn't have a record in their system, 5 or 6 other condos but not mine, the hardcopies are in a box, office chick can't reach the box, been asking Prop. Mgmt for "Spore Report" for 5 yrs. now... Dude won't even call me back -- he did attempt a "stare down" in May when I took my Fire Extinguisher to the clubhouse before the HOA mtg. because it was "TIME," and I wan't going to drive it across town for the 3rd time to have it inspected because PM didn't see fit to send a "notification" just a threat to fine my parents if it wasn't taken care of. Again, I digress. With regards to the ceiling repair, I'm pretty sure the HOA was supposed to move me and my daughter out and pay for lodging when they stirred up the mess. But I sent her to her father's and stayed in my room. The Prez of the BoD doesn't much care about the mold either, "...it doesn't affect her..."

HELP!

[need4speed2012]

Arizona HOA Laws | Arizona HOA Regulations | AAM

[cully]

Originally Posted by Dominic Tomasso

Middle age Mom. Thank you for taking time to reply. I agree with what you said but let me be more specific. The manager of our Propery Management Company replied to a letter I sent the President of our Association requesting, why the Board failed to comply with our By-laws. (It took 82 days to get their answer)
We have a by-law that says: Pay recurring bills without membership approval, however, except one (1) time expenditures of over one-thousand dollars ($1000,00) will require membership approval.
They paid a $19,000.00 bill without membership approval and I questioned it.This is their answer:
The Board in consultation with the CCR's made decisions at our budget meeting last year about the lawns. The Board subsequently presented the results to the membership at the annual meeting.The board has fiduciary responsibilty to the membership and the best option was presented and completed.

There were ony17 families at that annual meeting. I believe the board members were included in that figure.

There was no mention that our by-law conflicted with anything. There was no mention that of membership approval.

That same Property manager is the one that told me that the State Revised Laws supersede our HOA's governing laws. I do not believe our by-law, in this case conflicted with our State Statutes and I believe that the answer I received was just blowing smoke to cover up the Board's failure to comply with our by-law,for whatever reason.

In addition, I have been unable to locate any specific provision anywhere that say's that Revised Statutes supersede HOA's governing document.

Wait till they sell hoa land destroying what surrounding people had bought into...without a meeting or notification and when residents found out the entire room voted it down and that it not continue but the president said he was president and what he said goes. Or when right after that there's a $50K building behind the community center for special use by board members only that doesn't save anything and only costs yet more from the hoa to run it's heat and air...yes, well equipped and yes, for actually just a few board members only.

Or they hold meetings supposedly for the association but had people positioned at the entrance with their backs to the door so it looked like the meeting was packed and there was no more room so any more hoa members left.

Or people buy into the association based on the inflated value of fixed assets and what looks like sound rules....and eventually that all falls apart. It can take many years of a bad board but it usually happens. It's dangerous when there is a board that starts to mess with the finances.

And actually, you might find a good board member or two but they would be outvoted by t he majority. See if you can find out who any good ones are.

[cully]

Originally Posted by Dominic Tomasso

I believe , we all can agree, that if a CC&R , or By-law conflicts with a State Statute, the State Statute rules. With that understanding, don't you think that there must be or should be a specific Statute that spells that out. That is what I'm looking for otherwise when a member of an HOA is told by a property manager, that "The revised State Statutes supersede all HOA governing documents", just saying that doesn't make it so. Unless this was added, "only if the HOA governing document conflicks or is violation with a revised Statute." Homeowners Associations are being formed every day and the Rules always refer to the governing documents as their CC&R's and by-laws. ( I have yet to see one that includes," but the revised Statutes supersede all HOA's governing documents.)

Just as a side note, Arizon State now has a new law stating that HOA's associations that have problems can have them adjudicated by the Department of Fire, Building and Life Saftey. Got a problem, file a fee of $550.00, non refundable, to get a hearing. I have a problem. I'm told that the Arizona Revised Statutes supersede all HOA's governing documents period. Here's my $550.00 dollars. Is that statement true, if so where is the law that supports that statement.

Do you mean I have to pay $550.00 to find out if there is such a law? Get real. So who should know where that law is , if itthere is a law. Please tell me.

And I know some where there are regulations for HOAs and an office that might quote them to you if you call and some office that will read your complaint....BUT only after you have formally complained to the hoa board and not gotten appropriate response. Then they decide if a law was broken and if they want to write a letter to the board on your behalf. You pay just a little...not like your amount...but it's all still enough to put people off. You think someone will go to bat for you but you're still in there in the mix.