HOA Nut House

I would look into that. It sounds more like selective enforcement which is not legal. On what grounds would one resident obtain a variance, and not another?

My HOA has just imposed a new fee that is more than 50 percent of the anually fee from last year, a direct violation of the stated "no more than 20 percent increase from previous year..." They are stating that the percentage is only 14 percent (if they break the total payment down into quarter payments and base the percentage increase from last years quarterly amount) Is it correct to calculate an anual fee into quarterly and use the quarterly increase percentage as the correct percentage?

To the anonymous poster who stated their assessment had been increased 50%.

Please read the statute posted by Rauni. Note that it says: "the association shall not impose a regular assessment that is more than twenty per cent greater than the immediately preceding fiscal year's assessment." The keys words here are: "immediately preceding fiscal year's assessment." Not the quarterly assessment or the monthly assessment, but the YEAR's assessment. Also be advised that if you are in a condo assn there is NOT cap on the increase in the Condo statutes!

Mary

Selective enforcement is almost always found to be illegal, but do check your documents. RV's are a common, but actually fairly simple issue to prove. Photos are great. I would start out by asking those who do have an RV parked on their lot how they got permission, or if they are gettig violation notices. If they were given permission and it is against your association policy, I recommend asking for a written description of the regulations on RV's from the board and/or management company or if it is directly addressed in your CC&Rs you are in good shape. Ask the board and/or management company why certain individuals have "a waiver" and others don't. The hope is they will begin to clean up their act, but if they do not, or ignore your request for information, take a series photos (with a date stamp) of the violators package it together with a letter to the board and mgmt company explaining your concern that as a member of the association, you are concerned that the board's and/or mgmt co's actions are exposing the association as a whole to legal action for not applying the regulations equally to all members. (When I was on the my board we got one of these sent certified and it really got our atention.) In addition, it sets a precident that your association does not enforce regulations and may allow other owners to violate different provisions with the understanding that there is selective enforcement, so how were they supposed to know that this was going to be enforce. I have seen it happen! My rule, when I served on my board was that if we weren't going to enforce something, we should just get rid of the rule (I know this is very difficult in some associations)

In regards to the 50% increase, while these types of issues can be confusing and just about every CC&R is different, please recognize that state laws trump your CC&Rs, so regardless of the provisions in your CC&Rs the law says increases cannot exceed the 20% mark. Your CC&Rs can limit it to less than this but not more than this. Condos are exempt from this because they have greater resposibilies than planned developments. The concern is that condos frequently pay untilities (electic, water etc.) and if you have a wide variety of cost increases along with utility increases you may not be able to pay your bills and could get the association into legal trouble.

I learned a great deal about the legal aspects of running an association when I was on my board by attending a class put on by CAI. I know they are painted as the bad guys on this and other sites, but to be honest I learned more in a day of attending their class than I have on any of these message boards or 6 years on my board. I don't always agree with their position on issues at the legislature, but the education classes they offer are fantastic! We found out that our board was violating a bunch of laws and that we did not have all the powers we thought. That class got us to clean up our act and I truly think we have a better community now. I would reccomend that every board member have to take some kind of class, and I really think the one CAI put on (ABC or Essentials or something like that) would be a good template to use.

How about a $100,000 void on the face, restraining order that was issued against me through a provable conspiracy with the city and my hoa board members in order to protect a corrupt system.

I need the help of an attorney.

I live in California.

Any help out there?

I am concerned that the activities of our Board of Directors on behalf of the our HOA is going to get us all sued. The part time off duty police officers employed by the HOA to provide security are being instructed by the Board to specifically target and surveil certain residents and their property. One in particular because the neighbors are stating that illegal drug activities are taking place in that house. I think our HOA needs to stay away from this and report this through normal channels to the police or drug enforcement agency rather than using the HOA monies (homeowner dues!) to pay for this kind of surveillance. I think they are possibly violating the privacy rights of the homeowners they have decided to target. Further, while the patrol officer is sitting parked on these pre-selected front doors no patrol protection is provided to the rest of us but our dues are paying for this.

Anyone have any thoughts on this?

I don't like the idea of associations having any more ability than any other citizen in reporting crime. Unfortunately some (too many) association docs ave prohibitions against certain types of individual conduct. The Board has a legal responsibility to enforce the covenants. This makes them - in my opinion - like Blackwater that was recently kicked out of Iraq. A private armed security force with no accountability.

A court in Florida wrote an opinion I LIKE. It said it (the judges) did NOT think that as a matter of public policy, associations should be in the business of policing individual members' conduct. I CAN'T AGREE MORE.

Interestingly, I used that case to defend an association in a Fair Housing complaint against the association, that was brought by a homeowner who was trying to recover lost rent. Her tenant moved out and she blamed the association. Why? For "failing to take action" against a homeowner member who allegedly was discriminating by "harassing" her tenant. THIS is the kind of MUCK that an association can get into where covenants regulate individual conduct. I wrote a brief, citing case law, and the case was dropped. But this was one court in one state. Another state may not rule this way. To what extent must an association "police" its members? The association is NOT the police.

The flip side of this is the liability the association may face when it arbitarily targets individual members. Board members that have no legal or business background and no training of any sort are tasked with acting as cop? Association attorneys and boards file frivolous lawsuits for injunctions relating to personal conduct. And the association is counter-sued for defamation and damages.
No wonder insurance companies are dropping associations like flies. How would YOU like to be an insurance defense attorney (which I am not) trying to defend an association from some board's horrible conduct? Association boards AND their attorneys have NO business sticking their noses into private conduct of association members. In one court opinion, a judge wrote of an attorney who spent $40,000 of the association's money filing a bogus comlaint against a homeowner, that the attorney acted in "bad faith". That attorney now represents one of my former clients - a client I fired. I pity the homeowners in that association, because this board is no better than the board they replaced. What they want to do is outrageous. But they will shop around until they find an attorney who will do their bidding. And they might just have found him.

The association should not be in the business of operating as police. And that INCLUDES being a "traffic cop". Or the DEA. Or regulator of etiquette.

If you have in your covenants any provision regulating personal conduct, I suggest that you start a petition among your neighbors to insist on an amendment to the covenants removing that provision. And start immediately.

Developers who wrote these covenants didn't care. They washed their hands of the mess when they turned over control to the homeowners.
Now YOU have to live with the consequences of the idiotic covenants the developers or their attorneys wrote.

Sorry about the bluntness here, but this is my pet peeve. Associations are "corporations". NOT state actors, according to courts. If the *real* government wants to maintain this fantasy, then state legislators should enact laws banning these kinds of covenant provisions. I guarantee you the state won't do it. So associations continue to operate as Blackwater and Blackwater-gates occur every day in every city.

So you are going to have to.

My neighbor has violated the deed restrictions in such a flagrant way that one third of the other homeowners have reported his violation to the management company.

I live next door on the zero propery lot line (patio homes) so I am the most disadvantaged by the violation.

I am being told that the attorney who represents the Board of Directors has opined that our CC&R does not stipulated that board has a "duty" to enforce the deed restrictions, only a "right" to enforce. The only reason this has come up is because the board, from all that has been said and done, appears to be assisting the violator rather than the victims (most especially me) to get around the violation.

What kind of slime, legal loophole is that? I would not have bought in a subdivision in Houston TX (no zoning laws here) without being in a deed restricted subdivision with full expectation of those restrictions being enforced.

I absolutely think that this mind set constitutes fraud by a non-profit organiztion.

Anyone who can help please answer. Again, I am in Texas.

Welcome to the world of the HOA..sure it is fraud but boards can do whatever they like to you without consequences. Who watches over these boards? NO ONE..you can go grovel at a board meeting but they don't even have to respond to you. You signed away your constitutional rights when you agreed to follow thier covenants!!! Even if you personally follow the covenants, it is no guarantee that your neighbor will or that the covenants will be enforced! Belive me I hve researched and found in almost every state the governmet has a hands off policy. Even though in most cases the HOA is a mini government over you the poor sucker who bought into the belief that CCRs protect you, that people will follow the covenants and that the Covenants protect your property value.
I got out, but lost 30,000 dollars because of an unfair assesment against me. The HOA sided with developers and condoned the destruction of my property, my access road and the common areas landscaped by former owners of my property. The design committee did not plan for roads or fire protection for new homes along my road. Guess who gets to pay for fire hydrants, drainage, repaving and retaining walls for homes 1/5th of a mile away from my property. Guess who gets to pay to replace what I had when I bought the property...I have a fire hydrant right by my driveway, I had a paved road, I had drainage all filled in with construction debris now.
Consult a lawyer, but you will find any lawyer with HOA experience protects the HOAs and will not take homeownrs as clients, then try to find a lawyer with experience regarding HOAs. Consult 5 or so pay 500 dollars to tell your story each ime only to find out most cases don't get to court or are to costly for you to pursue. GET OUT NOW.
Then try to find a nice home not in an HOA...that is a whole other story.
Former disgruntled member of an HOA

Congratulations Fern! You got out! With your Life, with your Freedom, with your Dignity. It may have cost you $30k but that sounds like a lot less than the cost of slavery to your soul. You Rock! Now find yourself a homestead in HOA-Free Zones, usually much older neighborhoods.

I am the homeowner with the neighbor who has violated the deed restrictions wherein I was originally told that the Board had a "right" to enforce the restrictions but not a "duty" to enforce.

I do not know what kind of continued inquiry the Board has continued to receive from other homeowners who are upset about this since it erodes everyone's property value but they do know that I am serious about bringing an action against them.

Last evening the Board held a special meeting to discuss the violation next door to me and to vote on what they were going to have this person do about the violation. That meeting did take place and now I am being told that the board has been sworn to secrecy about the outcome of that meeting and so I am not to be told anything eventhough I am the most affected homeowner by this violation.

I am in Texas.

Any thoughts on our newly formed Pompous Private Club masquerading as the Board elected to positions by the homeowners?

Thanks

I don't know what the laws are there in Texas, but here in AZ there is no such thing as a secret meeting unless it has to do with a certain member's health, financial situation, or a few other personal matters. Then it is referred to as a closed meeting, and they can only "close" the part where they discuss these things that have to do with a person's privacy, then they have to open up and let you in for the rest. It's even against the law for them to have meetings onthe phone or via email! You can appeaer at any board meeting, events meeting, financial meeting, etc. They have to let you in!(Still talking about Az here). You might want to look up what those specific laws are in your community. Also, if they are on the up & up, (which it doesn't sound like they are) the law will be right in there with your packet you received with all the bylaws, CC&Rs, Architectural mumbo-jumbo, and so on.

Good Luck to you!
Angry

Here is the problem, I live in a community in Oregon. In the mail the community received a Budget for 2008 that states due to the reseve fund only operating at 34% we need to raise the monthly dues from $89.00 to $245.00 , and also we are going to paint our 5 year old community this year, and we will reevaluate at the end of 2008 with an update on the reseve study. Now the 2008 reserve study recommends increase the fee to $70.00 per unit and painting certian parts of each builing not the whole thing. Is there anything we can do as a community?

P.S. we have no amenities the community it is purley grass, no clubhouse, no cable paid, no water paid, and no pool or spa.

Thanks for any help,
Michelle

You should review all of your community documents and find out what the Board can do according to these docs. You should also have the right to review all financial records.

Good Luck!

How does one opt out of an association? Im in texas my home owners association had went from 90% going or signing the blank quarm letters for the annual meeting to the association is saying now 10% that they were going to lower it to. If one has not payed there yearly dues or is still delinquent on there association dues then they are not aloud to vote i guess on things. So does this mean hopefuly that my association is falling appart. Im sure that is wishful thinking but it would be nice. We have had 3 separate management companies run the association since we have lived here now for 9 years. I have always payed my dues and i have not been late. but Is there a way out of being a part of an association, other then moving from my house and inselling my home inflicking that crap on someone else. No one needs to be told how or what they can do with there home that they alown make the house payments for.
Totaly confused

We looked into that, as well. There is a way to "opt out" - but you would have to have 100% agreement and vote by the homeowners in the association.
So, for all practical purposes, what Mika said is true.

We ae trying to keep our Wal Mart bought above ground snap pool in our backyard. We have sumitted the proper paper work to the HOA, Now this has been going on now for a year. Anyway They sent us a letter stating that the pool was not allowed, but along with that sumitted the arc committee's letter that you submit to get something put in the back yard. had the pool, trees and a playground for our son put on the platt, and a professtionally drawn picture by a pool company. Submitted it, and didn't hear anything back for almost one full year, in the CCR's it states if submitted and nothing recieved within fifteen days it approved. But we get a letter dated January 3rd, and we recieved it June 4th, that we had until July 1st to get it down or we will be fined 100.00 per month until down, and then they will take us to court... The pool is not visible from any one's house, except one neighbor and he has a two story house, and he is actually helping us keep it. He was once the President, and hates the rules. But you have to have them changed by 2/3's of the community.. 80 homes here. Is there anything we can do... I will do proxy and go door to door to get the votes to keep it. With gas prices as such, who can afford to go anywhere. Our backyard should be our own.....

What kind of HOA do you live in? If your pool can't be seen from the street, and your neighbor doesn't have a problem with it, why is the HOA even getting involved? How did they even know the pool was even there?

It may be a liability to your home and adjacent properties if it breaks and floods.

We have the same issue, only our neighborhood is all two story homes and three houses can easily view our backyard. Our house is on a corner, and the yard is not adjacent to any other home. Our perception of an "above ground pool" was a permanent structure with decking, etc., not a temporary, seasonal sort that is only 3 feet deep and about 10 feet across. Not the amount of water that would flood any size yard, much less one subjected to the dry Texas heat. None the less, we apparently have a zealous resident intent on eliminating the joy a 3 year old might derive from having such a "structure" in our yard. I was accosted at our community pool at a neighborhood social function by a deranged, post-partum board member who screamed at the top of her lungs to all in attendance that she was not going to be a party to any activity in which a resident who knew they were not compliant was in attendance, and stormed off in a huff. It didn't seem to matter that I am on the social committee that was sponsoring this particular event and had committed to assist at the function. On top of that, we were never notified that we were in violation, nor were we asked to take it down by the management company or any one else. Like you, it didn't seem to matter that the pool in question had already been removed.
In our situation, it seems that as a neighborhood, we have empowered a board of unreasonable control freaks who think that their attempts at publicly embarrassing or humiliating residents earns respect from the rest of the neighborhood. The only thing this particular board member has done has prompted a surge of discussions regarding the question of how to remove her and other members of the current board from office and the restructuring of the by-laws with a new and reasonable board. The only issue I see with this prospect is that the current board has manipulated the by-laws to the point that it will be extremely difficult to remove them. This is no longer a concern to me, as we placed a "for sale" sign in our yard and plan to exit this dictatorship as soon as is reasonable possible.

I am sorry to hear that you have to move due to the stupidty and ignorance of some folks, obviously who feel as if they are better than anyone else. It is awful that you have to resort to saling your house. We have only been in thishouse a year, so we would lose our tails if we tried to sale, with the market as it is in Texas... Plus this is the house that we both wanted in our school district, and a nice neighborhood for rearing of young folks. We waited a year to purchase to make sure of where we wanted to be. Here is it.. except for this... We will make an attempt to talk to the HOA president tonight, if he isn't going to be reasonable, then I will go door to door and get a proxy to change the rule... It means alot to me and my family as we swim everyday in the summer... Sad but true... Economy and gas are keeping us home. This is the first summer that I will have been able to sty home with my kids, worked since I was 14... I have four children, yes some are grown, but I still have two at home. 26,23, 17 and 6... So we all utilize the pool... I am hoping that he will be reasonable, if not I will go to battle. Many things around the neighborhood are not in compliance, wondering about those issues... We soon will see. good luck in your future endeavors...

My HOA is in MD, we received our HOA book when we moved in and have never received any modifications or changes. We refer to this "manual" each time we do anything w/the home or property. However, myself and neighbors continue to get violation letters from the HOA regarding changes that are not in the book. First, our HOA manager will not speak to anyone over the phone, we have to submit back to her in writing (which is fine, because of paper trail). When I send in their section of the book along with what was done and say that I do not see where the violation occurs, she normally backs down with a response "I'll let this one go and update our records". Neighbors and myself are getting really annoyed by this and wish she would refer back to the HOA manual prior to sending out letters. The latest issue is we purchased a kiddie pool for the kids (haven't put it up yet), but we just got the newsletter saying we need approval prior to putting up any type of pool (including a 6' fence, etc.), when I sent an email for clarification her response said that any pool including temporary pools have to follow this rule. When I responded requesting where in the HOA manual it states that, I get no response! What is a homeowner to do w/an unreasonable HOA Management company!

I would seek a legal opinion. If it isn't written in your CC&R's, then you should be able to do what you wish depending on other local laws. You might give the Board or Management company a letter of your intent first and declare that what you are planning is not against the restrictions. I would keep a paper trail of all correspondence. Be sure that you read the Bylaws of the HOA to understand who and how many it takes to change CC&R's or any governing documents. I would also see if the CC&R's are recorded with the county or city. Remember, you should follow all local building and zoning laws. Good Luck!

The bad thing about advising someone to 'find an attorney and sue' is that they end up suing themselves. The board or HOA will hire an attorney and bill the association members.

I live in a gated community in California and recently our board removed all the gate entry access codes from the gate system. They stated it was due to abuse from renters in the community allowing access and giving out the access codes to outsiders. But all the homeowners are being penalized for a few renters. Upon home purchase we were give a remote that operated the entry gate and garage, the Board provided 2 new remoted to each homeowner that only operates the gate. The remote I use recently failed and I was locked out of the property, since there was no access code and there was no one home to call for access. My second remote was given to a trusted family member for emergency access but lives about 30 miles away. Is it legal for the board to remove all access codes and restrict homeowner access to their property? There is nothing in the CC&Rs or By-Laws regarding gate access.
***Side Note: The community recently voted aganist hiring a gate guard which would increase dues by 120%, and I think this change is the boards way of trying to strong arm the community into getting a guard.

Your Board has handled a problem incorrectly! Anything that is that critical should have more unit/home owners involved in finding a solution. It would seem to me, the renter's and owner of the property obligation to find a solution. All owners should not be harmed. If all access entry codes are removed, then you no longer live in a secure, gated community. I would advise collecting signatures and presenting a petition to the Board demanding a remedy to the problem. Power to the owners!

CONFLICT OF INTEREST?

I would appreciate it if you could answer a question for me concerning my home owners association located in Brevard County, Florida.

We have 130 owners with 13 properties facing a large pond that was sold as “Waterfront Property“ when it was developed about twenty years ago. FYI: Our Board of Directors Meetings are open to all members.

Of the seven recently elected board members four of them own waterfront property. Since coming onto the board these four have been trying to ram-rod a project through to improve the pond. The projected cost of this project will just about wipe out or bank accounts. Their answer is - we’ll just assess everyone to do it. Yes, we do have assessments covered in our documents.

My question is: Since their property values will be effected most by this project is it a conflict of interest for them to vote on this matter? And, if it is a conflict of interest, can they voice their opinions on this matter while sitting with the board?

Looking for help,
homeowner and board member

Arizona: (See complimentary Florida statues [Planned Community; Condominium; Corporations and Associations])

Director's Conflicting Interest Transactions, A.R.S. §§ 10-3860, 3861, and 3862.

In Arizona, the four recently elected board members who own waterfront property would have a clear conflict of interest as set forth under A.R.S. § 10-3860(1)(ii), because they have a beneficial and significant "financial interest" as members of the board (and the association) with respect to the proposed pond improvement project. The beneficial and financial interest "would reasonably be expected to exert an influence" on their judgment, both as sponsors of the proposal and when called upon to vote on the transaction (assess the members) as members of the board and the association.

A.R.S. § 10-3860(1)(ii) provides that there is a conflicting interest with respect to a "transaction effected or proposed to be effected" by a corporation, if a director of a corporation knows at the time of commitment that he:

Has a beneficial financial interest in or is so closely linked to the transaction and of such financial significance to the director or a related person that the interest would reasonably be expected to exert an influence on the director's judgment if he were called to vote on the transaction.

It is highly likely these four directors would have a clear conflicting financial interest as "...their property values will be affected (significantly increased) most by this project."

The Arizona nonprofit corporation act provides that directors are therefore prohibited by reason of this conflicting financial interest from participating, deliberating, or voting on such a proposed project. Any transaction that involves a "director's conflicting interest transaction," can be enjoined or set aside by judicial action. A.R.S. § 10-3861. It is irrelevant as a matter of law that any directors may assert or actually believe that he/she will vote only in the best interests of the association (130 members). Arizona law does not support such a rationale as an exception to this conflict of interest rule.

Directors are not only prohibited from participating, deliberating, or voting on a proposal in which they have a clear conflict of interest, but they also have an affirmative duty as required by law to disclose the existence and nature of their conflict of interest to the remaining directors who are not disqualified from voting, including "All facts known to the director[s] respecting the subject matter of the transaction that an ordinarily prudent person would reasonably believe to be material to a judgment about whether or not to proceed with the transaction," to the extent that such information is not known by them. A.R.S. § 10-3860(4)(b). The only exception to this required disclosure is if a director has a legal duty of confidentiality, in which case the director is only required to disclose the existence and nature of the conflict, but must "play no part, directly or indirectly, in their deliberations or vote." A.R.S. § 10-3862(B)(2).

A.R.S. § 10-3862(A) further provides that only qualified directors may vote on a transaction, if there is a conflict of interest, and that a transaction must then receive the affirmative vote of a majority of the qualified directors, but that a transaction is effective only if required disclosure is made by the disqualified directors to the qualified directors.

I would say that since the pond is common area, then each home owner owns 1/130 of the pond and all other common area. Depending on the wording of your governing documents, the decision to spend a great sum of money that benefits only a few should be voted on by all owners. Another question I have is, do all owners have access and ability to use the pond? In our community, we have two lakes, one is only used by the owners who live on the lake and they maintain it. The other is a community lake and covered by all owners in the HOA. I would read your governing documents carefully!

My problem is minor but still frustrating. My CA HOA fined me $50 because my 16-yr-old daughter was seen smoking at the pool. They claim they gave repeated warnings. She denies that, but that's beside the point - if they want to penalize me, shouldn't the warnings come to my attention? Can they just dock me 50 bucks out of the blue on any allegation? Does small claims court have jurisdiction such that I could sue for my money back on the basis of selective enforcement, improper warning, etc (the HOA added the fee to my dues)?

do your bylaws and or rules and regulations state no smoking at the pool? Were your rules & regs passed in accordance with your bylaws and state condo bylaws? The board should have documentation of the "repeated" warnings mailed to you and furthermore if they said they mailed them were is the proof???? I.E. certified mail ect......

We have received a summons to appear in court from our HOA.Long story, but basically this has been going on since 2006. HOA fined us initially for installing solar panels. When we pointed out they could not prohibit us or hinder us from using solar, they then began sending violation fines each month ordering us to paint panels to match roof.In turn, we provided a letter from solar panel supplier who explained that painting panels would render them ineffective. So, then they also decided to enforce CCR regarding a missing tree in front yard, that was previously overlooked for more than 5 years. In our defense, I was able to provide a written statement from a neighbor, confirming original tree was destroyed by storm in 2001. We have appealed all these fines to no avail and even met with Board on one occasion. They agreed to waive fines for some other bogus violations, but failed to remove the waived fees from our account. Meanwhile, we are continually being harrassed by petty infractions. ie: Our garbage was not picked up one week, so I called the City and they agreed to send a truck the following day. Within two days, I was sent letter by HOA, "reminding" me that my gardbage can was left out a day longer than it should have been. Now, they are demanding we paint our home and fineing us on monthly basis for not doing so. We have explained that due to the bad economy, we just cannot afford to do so at this time. None of the neighbors have been told to re-paint, even though all our homes were built in the same year.
So, now we will have to go to court and fight lawsuit, but cannot afford a lawyer. I have printed out a copy of az leg ARS 33-1816, which basically states HOA may not prevent installation or adversely affect the cost or efficiency of the device. With regards to the tree, I'm searching for a law that states HOA must act timely and decisively to enforce covenants.
After reading comments at top of page, I'm considering accusing the HOA of selective enforcement and perhaps harrassment.
Any advice?

I believe Arizona now has an arbitration board. Make sure you are prepared with pictures and other documentation when you go. I would check into the law and also check HOA lawyer's websites for information. Ekmark and Ekmark, Mulcahy Law, Shaw and Lines, and Carpenter and Hazelwood are good law firms and have great informative websites. Also look at Arizona Revised Statutes, Title 33.

Good Luck!

I live in an Arizona HOA community. The HOA's manager claims that the law requires the name(s) of a resident be preovided before a violation of the CC&Rs will be condidered by the HOA.

Arizona law ARS 33-1803 requires the name of the "person who observed the violation" be provided on request of the offender. I take this to mean the management person who invetigates a complaint, not the person who filed the complaint. Is this require,ent cintrary to Arizona law?

Also, the HOA manager claims the "law" requires the HOA inspect all properties at the same time for CC&R violations. It seems to me the HOA is hiding behind the "law" to avoid the HOA from finding CC&R violations and creating a chilling effect by requiring neighbors snitch on other neighbors. The manager even claimed the HOA is trying to have this "law" changed.

Why would someone recommend a private citizen seek advice from a bunch of attorneys that represent HOA's?
Regarding Shaw and Lines, apparently someone didn't do their research with the AZ State Bar and the Maricopa County Superior Court regarding Augustus Shaw.

Jim, check out CHORE, they have a link on this site, and they are a good resource for homeowners.

Why would someone recommend
Submitted by Highway on Fri, 12/05/2008 - 3:21pm.

Why would someone recommend a private citizen seek advice from a bunch of attorneys that represent HOA's?

Regarding Shaw and Lines, apparently someone didn't do their research with the AZ State Bar and the Maricopa County Superior Court regarding Augustus Shaw.

Jim, check out CHORE, they have a link on this site, and they are a good resource for homeowners.

-----------------------------------------------------------------------

Forwarded Message (redacted to protect the innocent):

The lawyer (Augustus H. Shaw IV) for whom you requested a discipline history has 6 public record(s). 4 of these were dismissed. Two charges resulted in Informal Reprimands.

-----Original Message-----
From:
Sent: Thursday, December 04, 2008 9:09 AM
To: ashaw@shawlines.com
Subject: Noteworthy News and Cases

By return e-mail, please provide citations to the "fraud, $1.5 million" and "fiduciary misconduct/theft, $1.9 million" cases referenced in 'Noteworthy News and Cases.' Thank you.

----- Original Message -----
From: Augustus H. Shaw IV
To:
Sent: Thursday, December 04, 2008 10:09 AM
Subject: RE: Noteworthy News and Cases

I cannot simply e-mail that information without first knowing who you are. Thanks and Happy Holidays.

Augustus H. Shaw IV
Shaw & Lines, LLC
4523 E. Broadway Road
Phoenix, AZ 85040
Phone 480-456-1500
Fax 480-456-1515
e-mail ashaw@shawlines.com
web site www.shawlines.com

The information in this e-mail is ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL and is intended solely for the use by the individual or entity named above. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, then delete it.

This firm may act as a debt collector. Any information obtained will be used for that purpose.

From:
Sent: Thursday, December 04, 2008 10:43 AM
To: Augustus H. Shaw IV
Subject: Re: Noteworthy News and Cases

Trusting the cases referenced on Shaw & Lines' website, "Noteworthy News and Cases," were filed in the Superior Court of the State of Arizona (Maricopa County/Pinal County or other), the information requested ("citations") would be part of the public record and would not be confidential nor attorney-client privileged.

It would seem, in furtherance of "proudly recognizing" the successes of Shaw & Lines, your firm would be pleased to favorably acknowledge a simple request.

----- Original Message -----
From: Augustus H. Shaw IV
To:
Sent: Thursday, December 04, 2008 1:26 PM
Subject: RE: Noteworthy News and Cases

The cases are a matter of Public Record. You can petition the Maricopa County Superior Court for a copy. If you desire for me to provide you with a copy, I'll need to know who you are and what your intended use is. I'm not trying to be difficult. I just need the information for my records. Thanks and Happy Holidays.

Augustus H. Shaw IV
Shaw & Lines, LLC
4523 E. Broadway Road
Phoenix, AZ 85040
Phone 480-456-1500
Fax 480-456-1515
e-mail ashaw@shawlines.com
web site www.shawlines.com

The information in this e-mail is ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL and is intended solely for the use by the individual or entity named above. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, then delete it.

This firm may act as a debt collector. Any information obtained will be used for that purpose.

----- Original Message -----
From:
To: Augustus H. Shaw IV
Sent: Thursday, December 04, 2008 2:02 PM
Subject: Re: Noteworthy News and Cases

As Shaw & Lines' website, "Noteworthy News and Cases," did not provide any information (Case Information [Case Number], Party Information [Party Name], Case Documents and/or other) necessary to an informed inquiry to the Clerk of the Court, Superior Court (Maricopa County), "Public Access to Court Information, www.superiorcourt.maricopa.gov/Docket/," Shaw & Line's seemingly inexplicable decision to be unaccommodating, "...please provide citations...," belies "I'm not trying to be difficult." (Emphasis added)

----- Original Message -----
From:
To: Augustus H. Shaw IV
Sent: Friday, December 05, 2008 1:11 PM
Subject: Re: Noteworthy News and Cases

Believing an attorney has the right to inform and/or promote his/her services to invite the attention of those seeking legal assistance through written, recorded or electronic communication, to include public media and the Internet (eMarketing/online marketing... interactive both in terms of eliciting and providing an instant response) limited by rules defining proper conduct as distinguished from rules permitting the exercise of professional judgment, one might reasonably question any “difficulty” in providing a citation (case number) to any case the lawyer has publicly proclaimed (Internet) his/her success in obtaining millions of dollars in judgment on behalf of the lawyer’s client.

Absent a reasoned response to “…please provide citations to the “fraud, $1.5 million” and “fiduciary misconduct/theft, $1.9 million” cases referenced in ‘Noteworthy News and Cases’ on Shaw & Lines, LLC’s website, perhaps the question is best directed this Monday (12/08/08) to those who serve the public and enhance the legal profession by promoting its competence, ethics and professionalism (transcends common courtesy…6/4/2).

----- Original Message -----
From: Augustus H. Shaw IV
To:
Sent: Friday, December 05, 2008 1:44 PM
Subject: RE: Noteworthy News and Cases

Your threats are unwarranted and disappointing. Attached please find the information you have requested detailing my firms success obtaining of the judgments referred to on our website. As these cases are public record, I will provide them to you. Please acknowledge receipt.

Please note I have no ethical duty to communicate with you further and have no desire to do so. I have no desire to represent you or to enter into any other relationship with you. As such, please do not communicate with me or any member of my firm in the future. Happy Holidays.

Augustus H. Shaw IV
Shaw & Lines, LLC
4523 E. Broadway Road
Phoenix, AZ 85040
Phone 480-456-1500
Fax 480-456-1515
e-mail ashaw@shawlines.com
web site www.shawlines.com

The information in this e-mail is ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL and is intended solely for the use by the individual or entity named above. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, then delete it.

This firm may act as a debt collector. Any information obtained will be used for that purpose.

----- Original Message -----
From:
To: Augustus H. Shaw IV
Sent: Friday, December 05, 2008 4:00 PM
Subject: Noteworthy News and Cases

"Attached please find the information you have requested detailing my firms success obtaining of the judgments referred to on our website. As these cases are public record, I will provide them to you. Please acknowledge receipt." AHS IV, 12/05/08 (Emphasis added)

-------------------------------------

The “Confirmed copy of Default Judgment.pdf” referenced above is non-responsive to the requested citation, “fraud, $1.5 million;” 2007-095488 is an Amendment (re-recording) of 2005-0074373 and 2006-0929343.

Awaiting the correct citation to the requested “fraud, $1.5 million” case referenced on Shaw & Lines’ website.

----- Original Message -----
From: Augustus H. Shaw IV
To:
Sent: Friday, December 05, 2008 4:09 PM
Subject: RE: Noteworthy News and Cases

You are more than welcome to contact the State Bar concerning this matter. I have no idea what you want. Attached is what we refer to on our website. I will not correspond with you anymore regarding this matter.

Augustus H. Shaw IV
Shaw & Lines, LLC
4523 E. Broadway Road
Phoenix, AZ 85040
Phone 480-456-1500
Fax 480-456-1515
e-mail ashaw@shawlines.com
web site www.shawlines.com

The information in this e-mail is ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL and is intended solely for the use by the individual or entity named above. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, then delete it.

This firm may act as a debt collector. Any information obtained will be used for that purpose.

----- Original Message -----
From: Augustus H. Shaw IV
To:
Sent: Friday, December 05, 2008 4:14 PM
Subject: RE: Noteworthy News and Cases

Also, please read what is attached. They are clearly judgments for “fraud” in amounts over 1.5 million dollars. It is all right their attached. I have nothing else to give you.

Augustus H. Shaw IV
Shaw & Lines, LLC
4523 E. Broadway Road
Phoenix, AZ 85040
Phone 480-456-1500
Fax 480-456-1515
e-mail ashaw@shawlines.com
web site www.shawlines.com

The information in this e-mail is ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL and is intended solely for the use by the individual or entity named above. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, then delete it.

This firm may act as a debt collector. Any information obtained will be used for that purpose.

----- Original Message -----
From:
To: Augustus H. Shaw IV
Sent: Friday, December 05, 2008 5:19 PM
Subject: Re: Noteworthy News and Cases

An old East Texas adage may well apply to Shaw & Lines’ “responses” to a simple request invited by its website: A bit dog always barks.

Noteworthy News and Cases:

“Shaw & Lines, LLC, recently secured judgment for a community association client in excess of $1.5 million in a fraud case involving embezzlement of community association funds, including theft, fraud, forgery and doctoring bank records.

Only a few months earlier, we assisted another association client in securing judgment against the same individual and his company in an amount exceeding $1.9 million for similar fiduciary misconduct and theft.

In each case, the judge awarded the association treble (triple) damages, all attorney fees (which the judge recognized on the record as “very reasonable”), all costs and punitive damages of $1,000,000 (one million dollars). Both cases were challenged by the defendant, who was represented by counsel. The judgments have not been appealed or set aside, despite efforts to do so.

We proudly recognize the attorneys in our firm for their skillful analysis and experience extended to our clients to provide the best and most effective legal services that our clients deserve. We also thank our clients for their trust.” Shaw & Lines, LLC http://www.shawlines.com/ (Emphasis added)

----- Original Message -----
From: Lawyer Info
To:
Sent: Friday, December 05, 2008 12:55 PM
Subject: RE: Request of Additional Lawyer History

The lawyer for whom you requested a discipline history has 6 public record(s). 4 of these were dismissed. Two charges resulted in Informal Reprimands.

If you would like further information please call 602-340-7384 and leave a detailed message regarding your inquiry. A Discipline Representative will contact you within 24 - 72 hours.

-----Original Message-----
From: DOTW_Request@azbar.org [mailto:DOTW_Request@azbar.org]
Sent: Thursday, December 04, 2008 6:40 PM
To: lawyerinfo@azbar.org
Subject: Request of Additional Lawyer History
Request Date: 12/4/08 6:40 PM

I am interested in a complete lawyer history for:
Mr Augustus Shaw H IV
Shaw & Lines LLC
Phoenix, AZ
Admitted to Practice Law: 2000
Admitted to Arizona Bar: May 24, 2002

Why is this important? What is important that laws should adhered to and that includes Arizona Statutes, including Title 33 and Title 10, the association's CC&R's, Bylaws, and Rules and Regulations. When you purchase into a HOA, you should read and understand all aspects of the documents you are agreeing to. It is also important to participate, or at least follow, what the association board is doing by either attending meetings or reading minutes.

"Why is this important?"

As a reporter for the Daily Planet, I used to get all of my information about HOAs from the Community Association Institute. After all, they were a "nonprofit, educational, entity dedicated to," well, I'm sure you've read their press releases.

But then my editor, Mr White, started having problems with HIS HOA, Metropolis Mews, and he told me and my camraman Jimmy Olsen to start, well, investigating.

In no time at all, we found out that CAI is a TRADE ASSOCIATION with its membership primarily drawn from, and its policies overwhemingly controlled by, law firms, management companies, and vendors who SELL SERVICES to HOAs.

"Why is this important?"

Because CAI misrepresents itself and takes no actions to control abusive behavior by its members. Do a google search on "CAI lawyers" and you'll see what Jimmy and I saw. Read about the FBI's investigation of CAI-affiliated lawyers and management companies in Las Vegas, and the "big picture" will start to emerge.

You can learn a lot (and have a little fun) by reading posts from folks like Phil Filechurner and his law partner F. Lee Foreclosure, and that charter member of the "pretigious Junior College of CAI Lawyers," Velvet Jones, Esq.

You'll learn more than you'd learn by attending any HOA board meeting.

Lois Lane
Daily Planet

I would like to know how many laws and statutes effecting HOAs are instigated by lawyers simply to develop business from volunteer HOA boards and unit owners.

Why buy into an HOA I ask?

"Congratulations to Augustus H. Shaw IV"

Augustus H. Shaw IV joins Arizona’s members of Community Associations Institute’s College of Community Association Lawyers Scott B. Carpenter, Tanis Duncan, Donald E. Dyekman, Curtis S. Ekmark, James H. Hazelwood, Lynn M. Krupnik and Charles E. Maxwell.

Juxtapose the number of State Bar complaints (6) and the number of sanctions (2) against Shaw with relevant excerpts from CCAL’s Goals, “To promote high standards of professional and ethical responsibility in the practice of community association (CA) law through education,” and Eligibility Criteria, “The applicant must demonstrate acceptable qualities of ethics, character, professionalism, service, and leadership. The College values community and public service leadership related to enhancing professional expertise and consumer education about the community association field. The College may conduct its own background check, including confidential character references, to assess the applicant's qualifications,” and consider whether or not to extend your congratulations, along with those of Maria Gonzales (Shaw & Lines paralegal), to Arizona’s newest College of Community Association Lawyer, AH Shaw IV or question CAI’s background checks of its applicant’s qualifications.

Many homeowners trust that Velvet Jones, Phil Filechurner, F. Lee Foreclosure and other lawyers sympathetic and supportive of individual homeowners’ rights will not drink the grape-flavored Kool-Aid.

_______________________________________________________________________

----- Original Message -----
From: Maria
To: Maria Gonzales
Sent: Tuesday, December 09, 2008 8:56 PM
Subject: Congratulations To Augustus H. Shaw IV

Friends,

The Attorneys and Staff of Shaw & Lines, LLC would like to extend our heartfelt congratulations to Augustus H. Shaw IV, Esq. on his election to the Community Association Institutes’ College of Community Association Lawyers. According to the College of Community Association Lawyers website:

The purpose of The College is to acknowledge CAI member attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law.

This singular honor is shared by a select few attorneys practicing Community Association Law. We are proud of Augustus and wish him success in his continuing representation of Community Associations, Developers of Community Associations and Time Share Associations throughout Arizona.

Happy Holidays!

SHAW & LINES, LLC
4523 East Broadway Road, Suite 101
Phoenix, AZ 85040
(480)456-1500
(480)456-1515 Fax

Augustus H. Shaw IV

It’s a pleasure to welcome Mr. Shaw into the prestigious Junior College of CAI Lawyers.

The competition this year was particularly stiff, and the Selection Committee’s toga party ran late into the night. Finally, it came down to a choice between Augustus and Nancy Quon of Las Vegas.

The two were closely matched according to the College’s demanding criteria, and the Committee weighed the fact that while the FBI is currently very interested in Nancy, Augustus recently has pretty much stayed out of trouble with that pesky State Bar in Arizona.

The decision though, as it often does, came down to the Evening Gown Competition, in which I can only describe Augustus as breathtaking. When Committee Chaiman F. Lee Foreclosure saw Augustus, well, F. Lee's eyes just lit up. I’m sure that he and Augustus will soon be working closely on, uh, measures to improve our cashflow in these tough economic times.

And Nancy, we’ll see you (and that magnificent thong) again next year!

As usual, have a profitable day.

Phil Filechurner, Esq.
Filechurner & Foreclosure, LLP
“We make money the CAI way: Through the equity in your home.”