Have you ever been "SLAPPED" by your HOA?

Arizona Homeowners Forum


Have you ever been “SLAPPED” by your HOA?

Posted: 07 Jan 2017

Whilst HOA transparency issues are vital, the Bill of Rights, including the “right to petition government”, contains FUNDAMENTAL RIGHTS emanating from the Magna Carta in 1215 when King John chopped off the heads of complainers. If these fundamental rights are suspended for the 60 million citizens living in HOA’s, the game is over.
One of the most common complaints from homeowners is of lawyers writing threatening letters, and filing injunctions, when HOA members have the temerity to write, email, or even contact their Board Members and/or fellow members asking questions.  To see examples, click HERE
Our proposed legislative fix – extend Arizona’s anti-SLAPP statute to homeowners petitioning their Board members.
But what on earth is anti-SLAPP?
SLAPP is an acronym standing for Strategic Litigation Against Public Participation. So, when you stand up at your Town Council to complain about a developer, or file a complaint with government, you are exercising your rights of Public Participation. If they sue you for doing that, they are trying to “chill your constitutional rights”.
Many states, starting with California, enacted anti-SLAPP statutes. In the interests of full disclosure, we won the first anti-SLAPP suit in California based on the “right to petition”. We’d complained to the Contractors Licensing Board about a crooked contractor. He sued us, was “SLAPPED” down, and eventually was three jurors short of punitive damages, in addition to a $1.3mm fraud judgment. Click HEREfor details of that case.
If you believe you have been hit with a SLAPP suit, you must quickly file a Motion to Striketheir suit. Many of the bad guys don’t realize they’re doing this. BUT, with anti-SLAPP, the court must clear its calendar to hear your Motion to Strike, all discovery stops, and a hearing occurs quickly. Usually within 45 days. If you are successful, the award of attorney’s fees is mandatory and a suit for malicious law suits can follow with painful results for the bad guys. None of this being dragged out for years by lawyers operating with other people’s money.
To learn more about Arizona’s anti-SLAPP statute click HERE You can also get an independent view by clicking HERE. Also, check out the following video by clicking HERE  – a radio interview of me by Andy Ostrowski.
Although we have other legislative proposals, I believe nothing will tip the scales of justice more than this one bill. So, what are the reasons you should support it?
  • Arizona politicians intuitively support this, seeing HOA’s as a level of government below municipal. Just listen to one debate on HB2609 – The Harper Amendment
  • Even CAI via their long-standing lobbyist, Kevin DeMenna, agrees HOAs are a form of subsidiary government. Click HERE to watch his prior testimony acknowledging this. What’s good for the goose is good for the gander.
  • Don’t get distracted that HOAs are corporations so can’t be dealt with as governments. Much of US federal, state and local government is conducted through municipal and other corporations, especially for borrowings. 
  • Legal practitioners, insurers and others will behave differently. The improved ability to recover attorney’s fees under the statute, by GOOD attorneys, and quickly, eventually by malicious law suit damages, will encourage them to the HOA industry.  Whereas now, they can only work for those who can afford to lose. And when you hire attorneys, you get what you pay for. If you’re forced to pay peanuts. You get monkeys. And the monkeys rule the roost now feeding off HOA moneys.
  • Good attorneys might work on a contingency basis for low income groups and it should attract the ACLU.

The exact details are below:

Folder 118 Title: Petition Right; condominiums; planned communities (Sponsor: Senator David Farnsworth)
This change seeks to establish ANTI- SLAPP protections (Strategic Litigation against Public Participation) to members of HOAs. Association members should be able to petition and question their local association boards without fear of intimidation and law suits simply for speaking their opinions or questioning their board.
Click HERE for the  text of our proposed amendment
See also our overall package of LEGISLATIVE PROPOSALS 2017
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A letter from Arizona Homeowners Forum

 

Arizona Homeowners Forum

Open letter to US Bank, Western Alliance & Mutual of Omaha Bank – a few words matter to the FDIC

Posted: 02 Jan 2017 01:14 PM PST

To:

The Chairmen & Board of Directors of

US Bank

Mutual of Omaha Insurance

Western Alliance Bank

Ladies & Gentlemen

I’m an Arizona HOA member but I’ve been a banker much longer than that. Click HERE. I can even remember when banks offered toasters to acquire deposits because, without them, as even Goldman Sachs found out, you can’t survive. In my experience, there’s only two ways to build your account deposit base:

  • Buy them by acquisition – not so easy and expensive
  • Offer toasters, bricks and mortar, advertising, higher rates – hard work and expensive

You can also do it on the cheap, short term, as Wells Fargo did but, at least in their case, they were opening accounts for people they knew already.

From basic banking documentation obtained from numerous HOA’s, your three banks, and others, have invented a new way of doing it on the cheap through wholesale harvesting of HOA deposits using HOA Management Companies. This already cost the FDIC $1bn in two banks in Arizona you know well in 2008. Not only are these Management Companies not licensed, their basic skill sets are managing landscaping contracts. Most of their staff would not know a debit or credit from a pretzel.

Bottom line:

  • You are ignoring the fundamental “know your client provisions” of the Patriot Act. With few exceptions, you have no idea who the ultimate depositor is. They could be drug dealers or worse. I think I’ve figured out how you justify it, but it reminds me of Enron & Arthur Anderson.
  • Direct Debit Authorities are flying around like confetti putting the ACH at risk.
  • HOA’s and the Management Companies are impossibly intermingled. If of them goes bankrupt, it would be an unholy mess. I’m involved in a live case where we may find out. Click HERE
  • The FDIC it appears has been very clear. Click HERE. Unless the bank account documentation reflects the words that Management Companies are acting as fiduciaries for an HOA, the FDIC insurance does not flow through to the deposit. Shades of Keating et al. And of course, if they did put those magic words in, Management Companies would find it impossible to escape regulation as the quasi shadow banks that companies like FirstService are really functioning as. Click HERE if you can find those magic words or even the name of an HOA on the bank account details there.

I could be wrong of course, not for the first time. But when I see people running for the hills – see ATTACHED from Mutual of Omaha and FirstService ATTACHED – to me that’s a sure sign they’ve been caught with their hands in the cookie jar.

My challenge to you:

  • Come onto our blog at www.arizonahoa.blogspot.com and explain why we are wrong. I’ll be the first to apologize.
  • Alternatively, we have at least two administrative hearing coming up noticed by the Arizona Dept of Real Estate as explained below. Please ensure we get the best of your best to testify.

AZDRE Petitions scheduled at the OAH per subpoena applications below:

AZDRE Pending Petition

Sincerely

John Sellers

Copy:

Dennis Charlton, Arizona Department of Financial Institutions

Martin J. Gruenberg, FDIC Chairman,

Thomas J. Curry, U.S Comptroller of the Currency

Richard Cordray, Director, Consumer Financial Protection Bureau

John C. Williams, President and CEO, Federal Reserve Bank of San Francisco

Senator Elizabeth Warren

Industry Participants

8 Attachments

 

Preview attachment Sellers Motion Dec 30 2016 Package.pdf

Sellers Motion Dec 30 2016 Package.pdf

Shared in Drive

Preview attachment FDIC Response to Pat.docx

FDIC Response to Pat.docx

Shared in Drive

Preview attachment Mutual Omaha Alliance & US Bank Signature Cards

Mutual Omaha Alliance & US Bank Signature Cards

Shared in Drive

Preview attachment MOB Resignation Letter.pdf

MOB Resignation Letter.pdf

Shared in Drive

Preview attachment Vintage at Grayhawk Termination Notice.pdf

Vintage at Grayhawk Termination Notice.pdf

Shared in Drive

Preview attachment Subpoena Request Package Dec 26 2016 Resubmit Dec 27.pdf

Subpoena Request Package Dec 26 2016 Resubmit Dec 27.pdf

Shared in Drive

Preview attachment Subpoena Request Package Dec 27 2016.pdf

Subpoena Request Package Dec 27 2016.pdf

Shared in Drive

Preview attachment Notice of Petition.pdf

Notice of Petition.pdf

Shared in Drive

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HOAs from Hell, Kansas City Star

HOAs from hell: more horror stories, more fraud — and prospect of legislative action

Read story at: http://www.kansascity.com/news/special-reports/hoa/article122547749.html

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Letter from an AZ advocate to an AZ Senator

John Sellers
6231 East Mark Way, Unit 12, Cave Creek, Arizona 85331
Email: jasellers123@gmail.com Tel: 928 310 8220

To: Arizona State Senator Yarbrough December 10, 2016

Dear Senator Yarbrough

I’m part of a talented diverse citizens group working with Senator Farnsworth on legislation to transform the Arizona HOA industry, the fourth and lowest level of government after Federal, State and Municipal. This country has the world’s best military and private sectors but one of the world’s worst public sectors. Based on the weeks since November 8, I’m convinced government at all levels has no idea of the true “shock and awe” to come. Our group represents a new model of public-private partnership which Tony Blair once described as the third way, and which can help manage some of this.

My 30 yrs. on Wall Street, 10 yrs. of working with local governments across the Mountain States, and wrestling with HOA issues, is that, unless action is taken, we face a potential perfect storm with aspects of Enron, subprime and the near meltdown of the money payment system in 2008. This emanates from the $75 Billion of payments annually and the $50 Billion of cash reserves in the HOA system, part of a fundamentally flawed national housing system. I’m convinced this will be transformed with the new Washington Team. Fannie and Freddie are already being primed for what should have happened 30 yrs. ago. Arizona, much like the Veterans scandal, can be the engine of national HOA industry change as part of that.

Your staff can review the documented facts on my blog at www.arizonahoa.blogspot.com In my business, he/she who connects the most dots wins and there’s no place for anecdotal evidence. Just the facts. Just the facts.

One fact we know is that in Arizona alone in 2008, $1 Billion of taxpayer’s money was lost with two banks enabled by HOA Management Companies. But even this pales in comparison to the potential I see for terrorist incursion due to failed enforcement of Patriot Act anti-Money Laundering procedures, risks to the ACH payment system, and a financial meltdown of FirstService, the largest HOA Management Company nationally. This could result, in a worst case, in millions of homeowners being current on their mortgages, yet faced with foreclosure.

I believe the current federal and state banking regulations, with or without Frank Dodd, are sufficient to bring certain bad actors to heel, including banks such as US Bank, Mutual of Omaha and Western Alliance. And this will not be the first time I have played a part in that. But all we are doing is exposing the problem, without providing the solution, which only smart legislation and regulation can bring. I implore you therefore to make this a high priority. I should add one other thing: 

I worked in suicide prevention in the UK. With 50,000 hits now on my blog, the feedback I can never disclose, makes me feel I’m back there. These are not isolated examples but acts of legal terrorism as I’ve previously testified. Hence my favored legislative fix, if I had to pick one, and having defeated a SLAPP suit myself, is to extend Arizona’s anti-SLAPP protections to the “right to petition” HOA Board Members.

But there are other essential fixes. HOA Management Companies for instance are running a shadow banking system with people hardly equipped to deal with landscaping issues. And Realtors are effectively underwriting faulty HOA disclosure by those same Management Companies, none of whom are licensed by anybody.

Achieving public awareness on financial issues is not easy, until 2008 happens. So, we are conducting an experiment. We’d ask every legislator to participate by asking their HOA and Management Company, to provide user names and passwords on a read only basis to access your HOA bank account online. You may be shocked by their refusal. I’d be happy to meet.

Thank you for your service.  Respectfully John Sellers

Copies:
Governor Ducey
All Arizona Senators
All Arizona State Representatives
Trump Transition Team
Dennis Charlton, Arizona Department of Financial Institutions
Martin J. Gruenberg, FDIC Chairman,
Thomas J. Curry, U.S Comptroller of the Currency
Richard Cordray, Director, Consumer Financial Protection Bureau
John C. Williams, President and CEO, Federal Reserve Bank of San Francisco
www.arizonahoa.blogspot.com
Senator Farnsworth Working Group
Various industry participants

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Private Community Governments

An Admin Perspective…

Although much has been spoken and written about the issues confronting community
associations, little progress has been made in achieving a balance between people, property and private community governments. Although planned  communities are corporate in legal structure, they should not be autocratic and corporate in mindset.

In the beginning…

In the early 1900’s Kansas City developer J.C. Nichols was among the first to develop of a series of planned  communities called the Country Club District. For his Mission Hills project, he created a ‘mandatory member ship homeowner’s association’ to ensure he would maintain complet e control over the development as well as those who dwelled within it[1]. Nichols incorporated Mission Hills, and by so doing, he created his own private government with power to enforce his restrictions, maintain property, build infrastructure, contract for utilities and collect assessments from homeowners for upkeep of the common areas. Since then a new body of governance knowledge and experience has evolved, but some of the restrictive covenants from that time period are still in effect for two reasons; (1) many covenants require a super majority vote of the community members to change and (2) they are perpetual and do not have a finite life.

Perception is not reality…

Professor and lawyer Evan McKenzie author of Privatopia:
Homeowner Associations and the Rise of Residential Private Government
stated:

Residents in Common Interest Developments commonly fail to understand the difference between a regime based formally on rights, such as American civil governments, and the HOA regime, which is based on restrictions.

One can’t help but wonder about the origin of the governing documents in planned communities. Some were written 100 years ago and never changed; they were and are today written in hard-to-decipher legalese for the developers. When they were written, there probably were no permanent residents living in the development and they were a  product of someone’s imagination of how a development should look and behave; a  developer’s dreamland where perception is not reality. When the development build-out was complete, the community members were left with governing documents they had not developed and a method of government they had little or no experience with. It is interesting to observe that probably no one from the developer or the declarant board ever lived in the community they developed! They simply move on and begin the process all over again.

When you buy property in a private, corporate, unregulated planned community you probably have been told or have seen written you should always read the governing documents. I will not disagree with that statement. However, there are two caveats you need to be mindful of:

  • Nearly every phrase and paragraph is open to someone’s interpretation. Those who govern and the governed often interpret meanings differently; and even the
    courts cannot agree on the meaning conveyed in a covenant. This is often a source of disagreement within a community but, as we all know, the legal community loves discontented homeowners.
  • While the covenants generally cannot be revised without a majority approval of community members, the rules, regulations and design guidelines often can be modified by the board without the consent of the homeowners. Those documents alone can significantly alter the character of the community from an earlier point in time.

Is there an alternative methodology that can be used to further enhance a persons’  evaluation of the covenants? I believe that a simple page count of the governing documents can help determine the degree of control by the planned community over individual and property rights. I use the following:

  • Up to 100 total pages A reasonable degree of control
  • 101 to 200 total pages A high degree of control
  • 201 pages and above A very high degree of control

This methodology provides interested individuals a quick evaluation of a planned community’s capacity for governance. If you want a community with a high  degree of control over your life and that of others, go with the higher page count!

Democracy is no obstacle to tyranny…

The HOA private, corporate government provides no system of checks and balances an  there is no ‘constitution’ to limit their powers. They are the almost invisible government that intrudes into our very personal lives in a way unimagined by any of the other  regulatory agencies of our society. The HOA board members simultaneously occupy the legislative, judicial and executive branches with absolutely no local, state or federal oversight. In disputes with homeowners, the board acts as accuser, prosecutor, judge and jury. There is no appeal process except through the courts[2].

Once on the board, these people often forget who elected them and tend to develop an  adversarial posture towards the other homeowners, imposing on the association their own personal standards of neighborhood appearance and homeowner deportment. They will often micro-manage your property through means of creative interpretation and the drafting of new rules and regulations. Clearly, the adversarial posturing of an HOA board will set the tone for conflicts that are sure to follow. There is a limit to the acceptable extent of control and to its productive results. Evolution must produce a synergy between governance needs and governance capacity.

There are legitimate concerns as to the relationship of the governed to those who govern. Highly regimented, non-community focused developments do not sell as well as those that are less restrictive. Restrictions must have a perceived rationale and benefit. Excessive focus on restrictions takes time and resources away from the more productive activities. In communities where conformity and control are the watchwords, there is little reason for homeowner participation unless a member is “into” control.

Here come the experts…

Without the necessary experience to manage a planned community, the next step for the board is to hire a general manager or a management company to perform those tasks. Good luck, there are no academic requirements, licensing criteria or any governmental regulatory agency that oversees their performance. Then the board needs to retain legal counsel to represent the corporate interests. Interestingly, the residents own the corporation and they pay the dues and assessments to retain legal counsel but they have no access to that individual.

But wait, there is an outside non-profit corporation that has all the management and  legal answers. Their primary mission is legislative advocacy through their lobbyists, and their advocacy does not benefit the homeowners; they advocate to benefit their corporate interests and to restrain the individual and property rights of homeowners. The money flowing into the legislative advocacy corporation comes from three sources and is in the millions of dollars nationally:

  • dues paying general managers and property management companies. While board members have a fiduciary duty to the members (as defined by Arizona case law), general managers and property management company personnel have no fiduciary duties to anyone but themselves. These individuals operate without any governmental or regulatory oversight and there are no minimum academic requirements. Property management is a large and lucrative business but not without controversy[3]. Their scale of operations is often large; one management company in the southwest has 320 HOA clients in Arizona and New Mexico; others have over 1,000 clients.
  • attorneys who represent the corporate interests in planned communities and who are among the largest financial contributors. The large number of planned communities nationwide has spawned a ‘cottage industry’ of attorneys who limit their practice to this financially lucrative sector.
  • vendors who provide services to planned communities. Vendors are actively recruited with advertisements headlined Strike it Richa California invitation to other vendors and politicians to come to their trade meetings to learn about financial opportunities available to them in planned communities; and in Illinois in 2007 with an enticing invitation to Hit the Jackpot With Community Living.

The outflowof money goes primarily to the lobbyists who protect the outside corporate  interests, most often against the interests of the homeowners. Remember, in Arizona, they are the people who actively lobbied to eliminate the statutory right of the homeowner’s exemption from anyone living in a planned community and the right that required the sale of property to satisfy a judgment of an association to be sold for at least fair market value.

1. A restriction for Nichols Leawood Estates Home Association read: “Land not to be sold, conveyed, transferred, devised, leased or rented to any person of the Negro blood or by any person who is more than one-fourth of the Semitic race, blood, origin or extraction, including without limitation of said designation, Armenian, Jews, Hebrew, Turks, Persians, Syrians and Arabians, excluding, however, from the application of this paragraph partial occupancy by bone fide domestic servants employed thereon”.

2. In 2008, the Arizona Legislature enacted a law that created a less expensive alternative for the resolution of homeowner/ planned community disputes by giving the Office of Administrative Hearings jurisdiction over those issues. The law, however, was later overturned on appeal by the outside corporate operatives.

3. In 2010, the Broomfield (CO) Enterprise newspaper reported that a management company employee is accused in court documents of stealing money from Broomfield homeowners associations. The amount stolen is too great to be covered by Vista Management’s insurance policy, according to a December letter written by Vista Management President Cindy Combs.

In 2008, the California Law Offices of Gottschalk & Associates announced that it was launching a RICO investigation of lawyers and management companies for homeowners’ associations in California. RICO stands for Racketeer Influenced and Corrupt Organizations Act.

In 2008, The Las Vegas Review-Journal reported that FBI agents were combing through homeowner associations’ records as part of a sweeping investigation into possible corruption on several boards across southern Nevada.

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'Super nice guy' accused of HOA fraud

Meliane Payne, TELLMEL@NEWS-PRESS.COM December 9, 2016

Lee County deputies spent nine hours during a standoff with a resident of Heron’s Glen in North Fort Myers.

When an anonymous caller told me Joshua C. Hall, the former general manager at Herons Glen Golf and Country Club, was caught embezzling money, I thought it was old news.

“Didn’t that happen a few years ago?” I asked. It turns out I was recalling another North Fort Myers homeowners’ association, Sabal Springs.

Thinking there was no way this could be happening that often, I googled “homeowners’ association embezzlement.” Man, was I wrong. Financial crimes at condo and homeowners’ associations are so prevalent, there are websites dedicated to HOA fraud.

Herons Glen’s problem was discovered early in the summer and a special meeting of the Herons Glen Recreation District was held on July 6.  According to the minutes “some financial discrepancies were found and based on those findings, Josh Hall decided to resign the position of General Manager…District Counsel (Tom) Hart has a letter from Mr. Hall admitting his guilt in defrauding the District of funds. At this time, the total amount of the fraud is not known, but it is a significant amount.”

Read more at: http://newspr.es/2huchKa

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HOA Attorneys

by Dorian MacDougall

a homeowner has no law to protect them from unscrupulous boards, management companies, and association lawyers. My grandfather protection under US common law was not valid in a private corporate government. You can’t seek arbitration, and you can’t get help from the attorney general of your state. You gave that up when you signed the CC&Rs; didn’t they tell you that?

This area of law has developed into a cottage industry of lawyers who feed off liens, fines, and fees. Along with the management companies, HOA attorneys can increase profits by encouraging conflicts within a community. Covenant litigation has become a profitable legal specialization. The attorney who advises the board on whether to sue a homeowner will often be the same attorney who will handle the litigation (sound familiar?). The conflict of interest could not be more pronounced.

Even with comparatively minor disagreements between HOA boards and homeowners, an attorney will charge anywhere from $50.00 to $500.00 for violation notices (threats to sue) sent to homeowners. The profit incentive is clear – more trouble = more profit. [it is unknown exactly how many years ago this was written so I am sure attorney’s fees are much higher today, especially in Northern Virginia.]

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Sun River HOA (Utah)

To all members who have concerns:

Yesterday, October 18, 2016, I attended a Financial Committee Meeting at the CC. Notably missing was member Al Smith. The meeting began by the Treasurer Carol Lopacinski giving the floor to management company controller Brian Webster. There were just about 7 members attending with board members Eric Nilsson, Grant Marsh and Dave Patton and the manager Kamarie Naase also in attendance. It was my thought the committee was to be the people to know of and give guidance to the board as to how to spend HOA funds. Instead, they got all their information from the controller and once in a while a committee member would ask a question of the controller.

Member Barbara McLaughlin asked what was a $1500 deficit mentioned by the controller. The controller explained to us that they bought a $100,000 CD and the cost was $1500. Mrs. McLaughlin asked why you would buy a CD like that if anyone can buy one free. The controller explained that they paid the fee because they do business with a certain bank and that was the charge from the bank.

Another point the controller made was the pickle ball court needed some landscaping work and the work was performed by Sun West Services. I asked if there were other bids to do that job. The controller said no, there were no other competitive bids because there would have been no one who would take the job. I asked how you know unless you ask for bids. What additional question I should have asked was, I thought we paid $500,000 for a completed job on the pickle ball courts. The controller then went on to say Sun West services has done many jobs for and saved us thousands of dollars. Then committee member Christine Campbell confirmed this feeling by saying she could not get anyone to paint her house for months as there was no one to bid the job. My statement to them was; I cannot not believe that for one minute.

What I learned from this meeting were two things, #1, the people in charge do not watch out for our fees and #2, there is no competitive bidding for the work Sun West Services do for our association.

I will add that Sun West Services is a private company within our management company owned by Mr. Stewart and Mrs. Naase (the association manager). This is the same management company that will not show us where our money goes once given to the management company without a court order as per Board President Mr. Dave Patten. I also found that Mrs. Naase (the association manager) signs the checks for our association.

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Why doesn't the attorney general help with association complaints?

Donie Vanitzian JD

Question:  After moving into my condo 15 years ago I attended a board meeting with several fed-up owners complaining of many unresolved problems. I thought things would change; I was wrong, nothing changed. I began a letter-writing campaign to all 75 homeowners to get the board to see the folly of its ways but that didn’t work.

I wrote my legislators and no one was interested in helping in any meaningful way. A couple months ago, I wrote to the state attorney general complaining of poor management and misappropriation of association funds. The attorney general’s office wrote back stating my complaint did not fall within its jurisdiction. What does that mean?

Answer:  Your complaint of poor management and misappropriation of association funds does not fall under the purview of the California attorney general’s office. Typically, that office does not handle complaints that have to do with the statutory common interest development act (CC 4000 – 6150), or any homeowner association’s covenants, conditions and restrictions, as well as any property management companies, dues, assessments and citations.  (Admin note: The same is basically true in Arizona.)

If you suspect criminal activity, such as fraud, theft or embezzlement on the part of the board of directors or individual officers, the proper avenue for redress is to file a report with the police or Sheriff’s Department in the area where the crime occurred, not with the attorney general’s office.

Under CC 8216, the office has limited discretionary authority to intervene on behalf of nonprofit, mutual benefit corporation homeowners denied certain specified rights. Standing is limited to “a member, director or officer” of an association, who can submit complaints that fall under four areas of compliance.

  1. Failing to provide notice and hold regular board meetings and comply with special meeting requirements. (CC 7510 – 7512.)
  2. Failing to abide by quorum requirements; transacting unauthorized business at meetings; failing to provide ballots and proxies to owners and a means of nominating and electing directors, and failing to recognize bylaws that mandate cumulative voting. (CC 7512 – 7615.)
  3. Failing to maintain books, records, minutes, annual reports and a list of members names and addresses — and to allow homeowners to inspect those items. Failing to allow a director his or her absolute right to inspect or copy any association books, records and documents. (CC 8320 – 8334.)
  4. And finally, falsifying or tampering with association reports or records. (CC 8215.)

Any complaint submitted to the attorney general must specify which Corporations Code the association is alleged to have violated and must include supporting documentation. If the office decides to act on a complaint, it will generate a notice of complaint letter to the homeowner association. The association has 30 days to respond to the attorney general’s office and the complainant.

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Arizona homeowners work to change HOA laws

Guest Blog courtesy ABC 15 Phoenix, Arizona

Courtney Holmes, Joe Ducey

Sep 26, 2016

let joe know

PHOENIX – I’ve heard it all before.

People fed up with their HOA and feeling powerless to do anything about it.

We’ll now here’s your chance.

Every third Monday, a couple dozen homeowners from around the state meet at the Arizona State Capitol to work on consumer protections for HOA members.

The HOA workgroup is actively writing new legislation to change, update and enforce current HOAlaws.

But this is the easy part.  It will be much harder to get legislators to openly support them during the next legislative session. 

 So far, State Senator David Farnsworth (R) is the only legislator to participate.

The group is also looking for more homeowners to join in the effort.

They meet every third Monday at 1 pm in the Senate Building at the Capitol in Democrat Caucus Room #2.

Need my help?

Call the Assistance League of Phoenix volunteers at 1-855-323-1515. You can also send me an email  joe@abc15.com or a video explaining the problem.

And you can reach me on Twitter or “like” the Let Joe Know Facebook and tell me about it there.

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