Date Posted: 05/31/10

GET INVOLVED

  Posted by: Larry and Chris

 

  Post # 10-0032  
 
   
  When is the last time you attended an HOA board meeting?

After recent blog postings about the HOA meetings, I talked to a renter who told me about how it benefits owners and associations alike for renters to be informed and attend board meetings too.

Imagine that:  Someone who lives within the community who WANTS to attend meeting and can't.

Arizona law does not provide renters any special rights to attend board meeting.  But the renters position should shake the trees of all those HOA owners who never attend meetings.

I have yet to hear from an association which complains about too many owners showing up.  I hear lots of stories, on the other hand, about how boards cannot get owners to show up to annual meetings, to volunteer for committees or even get a quorum for board election meetings.

I don't understand it. Your home is your biggest financial investment.  Why wouldn't you want to be an active participant in how your home – within a community association – is governed? It makes no sense.

Some boards hold meetings during the day or at odd times, making it difficult for owners who work to attend. But mostly, believe, association meeting times are not difficult to make.  The challenge is to get owners to get involved.

And nobody gets a pass with a "my board is incompetent" excuse.  If your board does not function properly, follow the rules or laws regarding meetings and agendas, that's all the more reason for you to get involved and to get your neighbors involved in the governance of your community.  No community can afford to have a improperly functioning board in place.

What do you say?  We would love to hear from anyone who regularly attends board meetings.

Why do you do it?
What do you get from it?
What do you think should or needs be changed?
We would love to hear from those who believe they have good reasons for not attending as well...
Do you live alone, don't have transportation?, car broke down? speak up I'm sure neighbors or even board members can offer rides!

Get involved! It's your right!
   
   
 
   
  I find it interesting that you mentioned, “Arizona law does not provide renters any special rights to attend board meeting. But, the renters position should shake the trees of all those HOA owners who never attend meetings.” I have personally been on the short end of decisions the Board made that effected me and involved renters.

In a nutshell, several years ago I attempted to put up a swing set for my kids. For those of you that remember this far back, it was right after Mikelle Biggs was abducted in Mesa when she attempted to buy ice cream from a vendor in the neighborhood. Her bicycle was found with the front tire still turning and two quarters on the sidewalk. She has never been found.

The way cars speed through our neighborhood and with no common areas equipped to accommodate children, I didn’t feel it was an unreasonable request. I followed ALL the boards requirements and got the approval of the architectural committee. Once it was installed, because a neighbor complained, I was forced to remove it. I had gotten that neighbor’s approval prior to installation but since (at the time) only a verbal approval was required, he conveniently rescinded it. The board immediately amended the CC&Rs to require WRITTEN approval, and from neighbors on BOTH sides. In this instance, it was ludicrous to have an approval from the neighbor on the opposite side, because the swing set was between houses and not at all visible from their side. Regardless, I got the written approval from the “neighbor” on the opposite side. The board and Jomar used the loophole that the approval I’d obtained was from a renter and not the homeowner. I told them I had complied with their instructions to get it from that “neighbor” and that I had no idea who the owner was, or how to reach them. I was advised that THEY had taken the liberty of contacting the owner, and conveniently for them he didn’t approve. TAKE IT DOWN!

Fast forward a year or two…a different renter now in that house. He took it upon himself to tear down the walk through gate and install an RV gate so he could park a 28’ boat on the side of the house. Mr. Mawrey personally stopped and told this renter he was in violation of the CC&Rs and would need to follow the requirements for architectural changes. When this renter approached me to obtain my written approval, I politely declined. I told him that I didn’t want to look at his big boat from my patio, and since he was only going to be there temporarily, I was concerned what would be next? A 40’ motor home? Junk cars in various stages of disrepair? I moved from Mesa to here to get away from just those very things, so I knew they were distinct possibilities of renters who don’t have a vested interest in the community.

Well, to make a long story short….he attended a HOA meeting (a “renter”, mind you) plead his case whining about how there were numerous other RV gates in the community, and why was he being discriminated against? The board granted him the approval! A direct slap in the face to the home owners. Allowing a renter to attend the meeting in the first place, and then going completely against the rules THEY installed previously requiring the written approval.

I pay the property taxes, I pay the HOA fees and am held to the letter of the CC&Rs. They even changed them to close up the issue of a written vs. oral approval, and refused to accept anything but compliance from me. A renter moved into our community and made it clear in conversations he was just “slumming” while his CUSTOM home was being built, showing no regard for our community. But, when he couldn’t get his way because a homeowner was attempting to stand up for his rights as a home owner, his community and trying to preserve the esthetics and standards we expect, a “renter” goes to a HOME OWNERS meeting and convinces our illustrious board to break their rules. Just one more example of selective enforcement as well as a board granting privileges to someone that should have never even been allowed to attend the meeting! Lessons learned and yet another reason to begin attending the HOA meetings and holding this board accountable.

Steve Boyer
   
   
 
   
  Very interesting!  Again it shows how the board does just what they want!  Steve did everything the CORRECT way, did what he was asked by the board and violated no CC&R or bylaw rules.  Then he was not asked, but told to take down the swing set after the board recanted the approval.  Why did Steve not received a punitive waiver like Darren Mawrey did?

Hmmmmm......how ironic!  Darren Mawrey sat on the board at the time Steve was approved for his kids swing set....Now a few years later the same Darren Mawrey (still a board member) knowingly violated the CC&R's and built a flat roof with an
AC unit atop of that flat roof, clearly in violation of the CC&R's and bylaws.  Then Mr. Darren Mawrey receives board approval to build in which he himself voted on.  Blatant conflict of interest.

So lets add this up!

Steve applied for all necessary measures to build and install a swing set.  Darren Mawrey applied for all necessary measures to build an addition to his home too.

Steve had to ask his neighbors for approval and received approval.  Darren did not ask the homeowners to amend the CC&R for his addition.

Steve was told by the board that, the board did not have the right to grant approval based on the fact that the renter did not have permission as the home owner.  CC&R conflict.  Darren received approval by the board who did not have permission to pass such approval based on the CC&R guidelines.

Steve did not get any protection from Jomar Management, nonetheless the management's attorney.  Darren sought legal protection from Jomar against the board for his violation and was granted PERSONAL protection as a home owner.

Steve removed the swing set in fear that he would be sued by Jomar if he did not comply.  Darren refused to comply and then had the audacity to have Jomar's attorney draft a far fetched letter telling the homeowners that because he asked for permission and was granted (just like Steve did), "the association does not have the right to require this to be altered" after knowing the board did not have the right to approve it in the first place.

Now now about this case, Christine Baker received a $25.00 violation for seven small weeds in her yard.  Darren Mawren's yard was full of weeds the same time and when asked at one of the board meetings, Darren do you have weeds in your yard? "Darren: yes a few" Darren did you receive a violation? "Darren: no" why? "Darren: I don't know"

DO YOU SEE THE PATTERN HERE? 

So, it comes down to this, unless you are a board member, you loose no matter what.

   
  Larry DeMonaco
   
   
 

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