Looking for information on HOA Law

[Randolph Carter]

I live within a condo HOA sometimes the feeling is closer to feeling imprisoned. The head bigwig of the board (I believe they have reduced their own HOA payments!) seems less than honest explaining being over budget (after stating for 6 months being under budget) that costs where merely unexpected but nothing more. An example is they recently raised HOA fees when I went to the office and asked what the new fees were they asked my unit number, I asked why that would be needed at which they snapped its just the way things work. After giving the unit number they told me the new fee, still put off I asked why it was that different people payed different fees they replied thats just the way it worked!! I need to be empowered with law concerning condo HOA issues so I can respond in a more assertive manner (It eats at me when I am to meek to stand up for myself!! ) not only that but Im sure other new and older members would respond if they knew how also. I despise the sit down and shut up tactics of this board (literally this was said to someone at a meeting). I live in Phoenix Arizona. Sources and Links in simple none legal jargon would be very helpful and suggestions or experiences about this issue from other members would be appreciated as well. Professional contacts are welcome as well.

[FreakyOCR]

bump hope you get an answer.... tomorrow will be better, everybody (except a few) are awake..

[Randolph Carter]

Yes I am desperate for clues as most searches have left me empty handed although I believe I found a site http://www.condobook.com (will double check link) that looked helpful however it was california law. Wish they had that one for Arizona.

[DaveLewis]

I'm not a lawyer nor do I play one on TV but here are a couple of ideas .....

Hopefully you have a copy of the association's bylaws. See what they say in regards to dues, etc. If you find that the association is not acting in accordance with its own bylaws - which are legal requirements - you may have an action against them. If the association is incorporated check with your state and see what enforcement proceedings can be used against corporation officers for mismanagement, fraud etc. I suspect that association officers will have insulated themselves against any individual action - meaning you can't go after their personal assets - in any legal proceedings.

There is a difference between your not liking the way things are being run and some laws being broken. In all cases you have a right to question the association's officers to give an accounting of monies spent, you also have a right to examine and question financial statements. You can also discuss these matters with other residents and if the officers are elected, run your own candidates.

I'd spend a couple of dollars to sit down and discuss these matters with an expert in real estate law in your state. The books are just full of court cases on this stuff. If you feel that the law really isn't being broken but the people you're dealing with are just pond scum, you can always contact the local investigative reporters and see if you can stir the pot that way.

I did a couple of years as an officer in our home owner's association and I've seen both sides of the coin. We tried to do the right thing for people, but you always had folks who didn't want to go along with the decisions of the majority. We've also had some officers who really didn't deal with people fairly so it does go both ways.

Good luck

[Randolph Carter]

I understand that when dealing with a HOA your own personal feelings must be put aside when dealing with a community that functions more as a whole, I truely wish this were the case but unfortunately I have a strong feeling that the reason they are being vague and evasive is because they have found a community that is to meek to stand up for themselves (myself included) and those of us who do not know what questions we have a right to ask are being taken advantage of. I will not however falsely accuse them publicly as this is my own suspicion at the moment and is based not on factual evidence but rather a gut feeling based on a logical examination of human character (those that have something to hide will usaully try to hide it). Also I must note that I have no avenues (As of the earlier post thank for your comment DaveLewis) to insure that the HOA is functioning on the up and up. Another reason my suspicion of the HOA is so strong is due to the fact a former board member of high standing (yes dave they are elected) began leaving flyers on everyones door raving about the grave injustices that have been going on unnoticed by the majority of owners, she has since not been heard of as I believe she threatened the Board by arousing the unspecting owners until the Board gave into to her whims, which I think has been done as she had planned to post an anti-newsletter to counter the regular community letter. In anycase you must understand our community (the majority) is made almost solely of older individuals (65+) which I believe are intimidated by the property manager! I myself am a young man and will not however be intimidated (when properly equipped with legal knowledge) as I can defend myself if it becomes physical. These of course are grave accusations without evidence of proof or testimony and until I have either I am left to collect enough information and sources to ensure their operations are being run legally or illegally.

[Ed_S]

I'd definately be getting some answers BEFORE paying anything further!!

..those of us who do not know what questions we have a right to ask...

???WHAT???

Phoenix AZ is still part of the U.S., isn't it?

You have the right to ask any question you choose!!!

What matters is which questions THEY are required and/or obligated to answer.

[Tom Jones]

Here are a few links I found..

http://www.foorlaw.com/
http://ixquick.com/do/metasearch.pl?...e11=fastsearch


Hope this might help you

Tom

[Randolph Carter]

Tom thank you for the links they were very informative, the information that I found on the first link was quite shocking. This material will serve me well in the future Im sure. Ed_S yes you are right with the proper knowledge I hope to be able to recieve those answers I am obligated to know lol.

[Wizzard~Of~Ozz]

The only relevence I can think of for them asking what unit you are in is number of bedrooms, not to justify them, If it was that simple it would have been answered. "That's the way it works" is not a good thing to say.

[THRUSH]

Well, I found just a little bit that may help you. Here's a faq for hoa's in AZ and the law, it may give you a little info:

http://consumer.pub.findlaw.com/hous...tml?housing/az

Here's the AZ state law library. You can search for info on the topic but will need to go look at the book in person or have the info pulled and sent to you, it also lists some other online resources:

http://www.dlapr.lib.az.us/law/index.html

Also, a good place to go is:

http://www.nolo.com

They're somewhat helpful, although, I couldn't find too much in this case but a small amount. Anyway, you can write to them and ask advice.