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Date
Posted: 05/31/10
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GET INVOLVED |
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Posted
by: Larry and Chris |
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Post #
10-0032 |
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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! |
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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 |
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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. |
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Larry
DeMonaco |
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