HOA Board Breaking Rules in Arizona

Question:

We are a 55 and over H.O.A, most with limited income. When we purchased our property, we were promised full landscaping services as per our CC and R’s.
Our New Board stopped raking and blowing the rock yards. They no longer fix the sprinkler leaks . They have ceased most of the landscaping that we have received for decades.
Some of the Board members are breaking the rules.
example: the Vice President owns a rental home in our HOA, and has built a dog run in back of the house to attract renters. This is not allowed according to our H.O.A. rules.

The Board refuses to answer questions and just say, “We don’t have the money. ” We voted on the 2022 Budget and according to the budget we should have plenty of money. We pay our monthly dues but are not receiving any of the services we pay for.

Several of our Member have asked the H.O.A, Board and the management company for the financials. We are entitled to the financials according to our By Laws:
1.4 Books and Records: “The books, records, and papers of the Association shall be available for inspection by any Member during reasonable hours and with reasonable notice. Persons requesting copies must pay for or “bear” the expense of copies.”
We have asked for these papers that we are entitled to. We asked for this information for months but have been refused. What can we do.

– Gayla

 

Answer:

Hi Gayla,

If you are having a problem with your HOA board, you might consider removing the problem board members. Section 33-1813 of the Arizona Planned Communities Act contains provisions on how you can do that. Similarly, your HOA’s bylaws should also be able to tell you how to remove board members.

Additionally, the Arizona Department of Real Estate provides help with dispute resolution for homeowners associations. Beyond that, you may want to contact a lawyer for guidance.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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