In 1994 the Arizona Legislature enacted ARS. § 33-1804 and required that
"all meetings of the [homeowner] association and board of directors are open to all members of the association" except for any portions of a meeting relating to four exempted topics (employment, legal advice, litigation, and enforcement matters).
Also, the homeowner association must supply notice of its meetings to all members, unless the articles of incorporation and bylaws provide otherwise. See AR.S. §33-1804(B).
When does Hacienda Real HOA supply these notices? I have never seen anything to that effect except for the annual meetings.
Monday, June 30, 2008
Friday, June 27, 2008
Now that I have your attention, class
Let's go over some basics.
What is conflict of interest, anybody?
Conflict of Interest defined
This is what is Arizona Law regarding conflict of interest as per ARS 33-1243:
C. If any contract, decision or other action for compensation taken by or on behalf of the board of directors would benefit any member of the board of directors or any person who is a parent, grandparent, spouse, child or sibling of a member of the board of directors or a parent or spouse of any of those persons, that member of the board of directors shall declare a conflict of interest for that issue. The member shall declare the conflict in an open meeting of the board before the board discusses or takes action on that issue and that member may then vote on that issue. Any contract entered into in violation of this subsection is void and unenforceable.
We have some real life examples right here at Hacienda Real HOA.
Dale Maus is a homeowner at Hacienda Real HOA. He's the one who enlists the chosen ones to become board members, "vets" the board members-to-be, and has board members thrown out when they don't march in lock-step with his wishes. You know, he's the one who looks in everybody's garage on his frequent walks and bike rides around the HOA. Dale Maus is the husband of Dorothy Maus, a Hacienda Real HOA board member and former long-time property manager of Hacienda Real HOA, thankfully now retired.
Busy Dale is also the agent and secretary/treasurer of Lake Biltmore Village Owners Association Lake Biltmore Village Owners Association, an HOA to which Hacienda Real HOA pays dues.
Having Dorothy Maus as property manager or board member while Dale Maus is an officer of the Lake Biltmore Village Owners Association was a problematic conflict of interest. Happily for the homeowners, finally, Dorothy Maus is no longer the property manager. But she is still on the board of Hacienda Real HOA.
See Hacienda Real HOA's 2007 financial statement and other information here:
Hacienda Real HOA
Note also who currently is the property manager for both these associations: None other than Maureen Watrous of Arizona HOA Management, a firm licensed by the state to be a bill collector. (See prior posts on some of Maureen's uh, less-than-glorious achievements).
Naturally, Maureen likes having the money come from both groups, so she will do whatever it takes to keep Dale Maus (and by default his wife Dorothy Maus) happy. Having seen Dale Maus in action Maureen no doubt is keenly aware of how vindictive he can be. Having Maureen Watrous as property manager for both of these HOAs when one (Hacienda Real HOA) pays the other (Lake Biltmore Village Owners Association) membership dues is yet another conflict of interest. The relationship definitely violates Arizona law regarding conflict of interest and is just a little too cozy to be considered professional.
That's your lesson for today, boys and girls.
Now, how many homeowners were made aware when they purchased their residences in Hacienda Real HOA that they belonged to not one, but two HOAs? Where was the disclosure as required by law? (See below.)
Hacienda Real's board usually sends out the requisite information to purchasers about Hacienda Real, but it fails to inform buyers about their forced membership in Lake Biltmore Village Owners Association. Lake Biltmore Village Owners Association calls itself a homeowners association, but when did any homeowner in this association ever receive any communication from them?
Arizona Revised Statutes
33-1806. Resale of units; information required; definition
A. For planned communities with fewer than fifty units, a member shall mail or deliver to a purchaser within ten days after receipt of a written notice of a pending sale of the unit, and for planned communities with fifty or more units, the association shall mail or deliver to a purchaser within ten days after receipt of a written notice of a pending sale that contains the name and address of the purchaser, all of the following:
1. A copy of the bylaws and the rules of the association.
2. A copy of the declaration.
3. A dated statement containing:
(a) The telephone number and address of a principal contact for the association, which may be an association manager, an association management company, an officer of the association or any other person designated by the board of directors.
(b) The amount of the common regular assessment and the unpaid common regular assessment, special assessment or other assessment, fee or charge currently due and payable from the selling member.
(c) A statement as to whether a portion of the unit is covered by insurance maintained by the association.
(d) The total amount of money held by the association as reserves.
(e) If the statement is being furnished by the association, a statement as to whether the records of the association reflect any alterations or improvements to the unit that violate the declaration. The association is not obligated to provide information regarding alterations or improvements that occurred more than six years before the proposed sale. Nothing in this subdivision relieves the seller of a unit from the obligation to disclose alterations or improvements to the unit that violate the declaration, nor precludes the association from taking action against the purchaser of a unit for violations that are apparent at the time of purchase and that are not reflected in the association's records.
(f) If the statement is being furnished by the member, a statement as to whether the member has any knowledge of any alterations or improvements to the unit that violate the declaration.
(g) A statement of case names and case numbers for pending litigation with respect to the unit filed by the association against the member or filed by the member against the association. The member shall not be required to disclose information concerning such pending litigation which would violate any applicable rule of attorney-client privilege under Arizona law.
(h) A statement that provides "I hereby acknowledge that the declaration, bylaws and rules of the association constitute a contract between the association and me (the purchaser). By signing this statement, I acknowledge that I have read and understand the association's contract with me (the purchaser). I also understand that as a matter of Arizona law, if I fail to pay my association assessments, the association may foreclose on my property." The statement shall also include a signature line for the purchaser and shall be returned to the association within fourteen calendar days.
4. A copy of the current operating budget of the association.
5. A copy of the most recent annual financial report of the association. If the report is more than ten pages, the association may provide a summary of the report in lieu of the entire report.
6. A copy of the most recent reserve study of the association, if any.
B. A purchaser or seller who is damaged by the failure of the member or the association to disclose the information required by subsection A of this section may pursue all remedies at law or in equity against the member or the association, whichever failed to comply with subsection A of this section, including the recovery of reasonable attorney fees.
C. The association may charge the member a reasonable fee to compensate the association for the costs incurred in the preparation of a statement furnished by the association pursuant to this section. The association shall make available to any interested party the amount of any fee established from time to time by the association.
D. A sale in which a public report is issued pursuant to sections 32-2183 and 32-2197.02 or a sale pursuant to section 32-2181.02 is exempt from this section.
E. For purposes of this section, unless the context otherwise requires, "member" means the seller of the unit title and excludes any real estate salesperson or real estate broker who is licensed under title 32, chapter 20 and who is acting as a salesperson or broker and also excludes a trustee of a deed of trust who is selling the property in a trustee's sale pursuant to chapter 6.1 of this title.
What is conflict of interest, anybody?
Conflict of Interest defined
This is what is Arizona Law regarding conflict of interest as per ARS 33-1243:
C. If any contract, decision or other action for compensation taken by or on behalf of the board of directors would benefit any member of the board of directors or any person who is a parent, grandparent, spouse, child or sibling of a member of the board of directors or a parent or spouse of any of those persons, that member of the board of directors shall declare a conflict of interest for that issue. The member shall declare the conflict in an open meeting of the board before the board discusses or takes action on that issue and that member may then vote on that issue. Any contract entered into in violation of this subsection is void and unenforceable.
We have some real life examples right here at Hacienda Real HOA.
Dale Maus is a homeowner at Hacienda Real HOA. He's the one who enlists the chosen ones to become board members, "vets" the board members-to-be, and has board members thrown out when they don't march in lock-step with his wishes. You know, he's the one who looks in everybody's garage on his frequent walks and bike rides around the HOA. Dale Maus is the husband of Dorothy Maus, a Hacienda Real HOA board member and former long-time property manager of Hacienda Real HOA, thankfully now retired.
Busy Dale is also the agent and secretary/treasurer of Lake Biltmore Village Owners Association Lake Biltmore Village Owners Association, an HOA to which Hacienda Real HOA pays dues.
Having Dorothy Maus as property manager or board member while Dale Maus is an officer of the Lake Biltmore Village Owners Association was a problematic conflict of interest. Happily for the homeowners, finally, Dorothy Maus is no longer the property manager. But she is still on the board of Hacienda Real HOA.
See Hacienda Real HOA's 2007 financial statement and other information here:
Hacienda Real HOA
Note also who currently is the property manager for both these associations: None other than Maureen Watrous of Arizona HOA Management, a firm licensed by the state to be a bill collector. (See prior posts on some of Maureen's uh, less-than-glorious achievements).
Naturally, Maureen likes having the money come from both groups, so she will do whatever it takes to keep Dale Maus (and by default his wife Dorothy Maus) happy. Having seen Dale Maus in action Maureen no doubt is keenly aware of how vindictive he can be. Having Maureen Watrous as property manager for both of these HOAs when one (Hacienda Real HOA) pays the other (Lake Biltmore Village Owners Association) membership dues is yet another conflict of interest. The relationship definitely violates Arizona law regarding conflict of interest and is just a little too cozy to be considered professional.
That's your lesson for today, boys and girls.
Now, how many homeowners were made aware when they purchased their residences in Hacienda Real HOA that they belonged to not one, but two HOAs? Where was the disclosure as required by law? (See below.)
Hacienda Real's board usually sends out the requisite information to purchasers about Hacienda Real, but it fails to inform buyers about their forced membership in Lake Biltmore Village Owners Association. Lake Biltmore Village Owners Association calls itself a homeowners association, but when did any homeowner in this association ever receive any communication from them?
Arizona Revised Statutes
33-1806. Resale of units; information required; definition
A. For planned communities with fewer than fifty units, a member shall mail or deliver to a purchaser within ten days after receipt of a written notice of a pending sale of the unit, and for planned communities with fifty or more units, the association shall mail or deliver to a purchaser within ten days after receipt of a written notice of a pending sale that contains the name and address of the purchaser, all of the following:
1. A copy of the bylaws and the rules of the association.
2. A copy of the declaration.
3. A dated statement containing:
(a) The telephone number and address of a principal contact for the association, which may be an association manager, an association management company, an officer of the association or any other person designated by the board of directors.
(b) The amount of the common regular assessment and the unpaid common regular assessment, special assessment or other assessment, fee or charge currently due and payable from the selling member.
(c) A statement as to whether a portion of the unit is covered by insurance maintained by the association.
(d) The total amount of money held by the association as reserves.
(e) If the statement is being furnished by the association, a statement as to whether the records of the association reflect any alterations or improvements to the unit that violate the declaration. The association is not obligated to provide information regarding alterations or improvements that occurred more than six years before the proposed sale. Nothing in this subdivision relieves the seller of a unit from the obligation to disclose alterations or improvements to the unit that violate the declaration, nor precludes the association from taking action against the purchaser of a unit for violations that are apparent at the time of purchase and that are not reflected in the association's records.
(f) If the statement is being furnished by the member, a statement as to whether the member has any knowledge of any alterations or improvements to the unit that violate the declaration.
(g) A statement of case names and case numbers for pending litigation with respect to the unit filed by the association against the member or filed by the member against the association. The member shall not be required to disclose information concerning such pending litigation which would violate any applicable rule of attorney-client privilege under Arizona law.
(h) A statement that provides "I hereby acknowledge that the declaration, bylaws and rules of the association constitute a contract between the association and me (the purchaser). By signing this statement, I acknowledge that I have read and understand the association's contract with me (the purchaser). I also understand that as a matter of Arizona law, if I fail to pay my association assessments, the association may foreclose on my property." The statement shall also include a signature line for the purchaser and shall be returned to the association within fourteen calendar days.
4. A copy of the current operating budget of the association.
5. A copy of the most recent annual financial report of the association. If the report is more than ten pages, the association may provide a summary of the report in lieu of the entire report.
6. A copy of the most recent reserve study of the association, if any.
B. A purchaser or seller who is damaged by the failure of the member or the association to disclose the information required by subsection A of this section may pursue all remedies at law or in equity against the member or the association, whichever failed to comply with subsection A of this section, including the recovery of reasonable attorney fees.
C. The association may charge the member a reasonable fee to compensate the association for the costs incurred in the preparation of a statement furnished by the association pursuant to this section. The association shall make available to any interested party the amount of any fee established from time to time by the association.
D. A sale in which a public report is issued pursuant to sections 32-2183 and 32-2197.02 or a sale pursuant to section 32-2181.02 is exempt from this section.
E. For purposes of this section, unless the context otherwise requires, "member" means the seller of the unit title and excludes any real estate salesperson or real estate broker who is licensed under title 32, chapter 20 and who is acting as a salesperson or broker and also excludes a trustee of a deed of trust who is selling the property in a trustee's sale pursuant to chapter 6.1 of this title.
Wednesday, June 25, 2008
Oh Donny Boy
Look what one of our board members - who also is my neighbor two doors down, Donald Abbott, threw in my mailbox today!
Don, don't you know it is a crime for anyone to put anything other than stamped mail in someone's mailbox? Silly boy, you forgot that your email address, dabbott@cox.net, is printed right up at the top of the page you dropped in my mailbox (see the yellow highlighted area). Whoopsie! And I bet you thought you were so clever at the time.
Was your action sanctioned by the Hacienda Real HOA board of directors? From your actions it is pretty obvious exactly who the "Property Inspector sans cajones" actually is, isn't it? It's probably the same "Community Volunteer" who makes sure homeowners aren't around before they cut trees down next to their houses and chop tree limbs off without any notice to the homeowner.
Don Abbott in his role as a board member asked me a few weeks ago after the board threatened to remove a vine I had planted (despite my getting the requisite permission from the board years ago to plant around my unit), "You like gardening. Errr, have you ever thought of moving to a house that isn't in an HOA?" I wonder if he has asked that same question to board members/other members of the community, like Barbara Hoggan and Sue Doyle, who are able to plant whatever they want without hassles, and whose plantings are undisturbed by the vicious "volunteers" of Hacienda Real HOA. I wonder if the board asked him to inquire in his capacity as board member/spokesperson. That's a tactic meant to intimidate, no doubt.
Don Abbott in his role as a board member asked me a few weeks ago after the board threatened to remove a vine I had planted (despite my getting the requisite permission from the board years ago to plant around my unit), "You like gardening. Errr, have you ever thought of moving to a house that isn't in an HOA?" I wonder if he has asked that same question to board members/other members of the community, like Barbara Hoggan and Sue Doyle, who are able to plant whatever they want without hassles, and whose plantings are undisturbed by the vicious "volunteers" of Hacienda Real HOA. I wonder if the board asked him to inquire in his capacity as board member/spokesperson. That's a tactic meant to intimidate, no doubt.
BTW, Don and the rest of the board, you might want to read up on Arizona Revised Statutes. Among the many rules the Hacienda Real HOA board has violated, selective enforcement of CC&Rs is ILLEGAL and may likely cause the HOA Board and the individuals on the board individually and collectively to be sued.
Furthermore, as far as your little sentiment (highlighted in pink here): as you well know I'm much younger -by far, we're talking decades here- than you and the vast majority of the inhabitants at Hacienda Real HOA. Your ass is bigger than mine as well. Why wouldn't the board check out who they hire as a property manager independently instead of trusting Dale Maus's recommendations?
This information is readily available to the public and the Hacienda Real HOA board couldn't even do that?!?
Also, if you define "sick bitch" as one who points out obvious problems and speaks up to correct them, then you are certainly right, as Hacienda Real HOA and its unprofessional, bumbling, ignorant board is FULL of problems that need fixing and I seem to be the only one who realizes there are problems and cares enough to fix them. So if that makes me a sick bitch, I want be the sickest bitch there is. If that scares you, get off the board. Anyone stuffing nasty notes in their neighbors' mailboxes as you have done is not fit to be on any respectable board anywhere, anytime and if the board members had an iota of intelligence among them, they would take actions to remove you from the board and to distance themselves from you ASAP.
As for your suggestion of shoving your little email up the ass, that's really more your bailiwick, isn't it, so I'll leave you to it.
Friday, June 13, 2008
Criminals in HOA Management
Wowee - we have someone with an assault record collecting our HOA fees. I wonder if the State Banking Board doesn't have rules against licensing criminals? I don't know, it is Arizona, after all, renowned for banking scandals.
Meanwhile, down at the HOA, we have a new "Property Inspector" who doesn't even have the cajones to sign their name on letters threatening homeowners. Freaking little coward.
Meanwhile, down at the HOA, we have a new "Property Inspector" who doesn't even have the cajones to sign their name on letters threatening homeowners. Freaking little coward.
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