HOA Nut House

Short answer is NO..Once the petition is accepted, they have 30 days in which to schedule an election. Beware if your board uses a attorney, this is going to cost some dollars. Our management company instead on handling the election themselves, contracted with Augustus Shaw, which he billed the HOA over $8,000 and he still screwed it up. Of course if the management company conducted the annual election correctly (has the prior management companies over the past 12 years) there wouldn't have been a need for a recall.

30 days for everything....

Actually the 30 day deadline for holding the Election includes the verification of the petition signatures. So you have 30 days to do it all....this is NOT enough time and the statute needs to be amended. Besides the time adjustment, allowing a Board member to be removed WITHOUT CAUSE is unfair and invites abuse....think about it!!!

The statute also needs to be amended to give instructions on what to do AFTER the homeowners are successful with the RECALL. Starting with the question: How are the recalled Board members replaced and replaced immediately, not to mention a hundred other missing pieces.

Pat
www.CHORE.us

P.S. Your Board is violating Arizona State law....take them to the OAH!

I also just realized I didn't answer your question. Yes the Board can "hire" or appoint an "independent" 3rd party but WHY? Doesn't the Board have a VALID VOTING LIST?? But they still only have 30 DAYS TO HOLD THE ELECTION. As to the other 2 members taking action, they are not the majority vote.

Has anybody had any dealings w/ Stratford Managment Company of Tucson? We hv them in our community and are very concerned about the number of their staff on OUR payroll.

I live in Monument, Co., across the street form a vindictive cop that was a member of the board of our HOA. We have recieved many threatening letters about our landscape, even while it was being finished. We bought the house from my grandmother in Sept of 06. She bought it one year earlier with a dead front yard and I put in new soil, sod, and a brick retaining wall, trees, shrubs, and made it look great.
The HOA added a fine to the real estate agreement that we did not notice until the day of signing, but their fine structure was not finalized for another 7 months.
I filed a small claims suit against them two weeks ago, and the cop came across the street and took pictures of the house while my daughters ages 11 and 13 were weeding. He said they could stay in the pictures and when asked by the 11y.o. what the pictures were for, he answered "a lawsuit"
This is the last straw for me. My wife has been stressed over this for too long. We have subsequently listed the house for sale.
I am going to pull my small claims case and sue in civil court. I will sue for the difference in what we owe, (312k) and the only offer we've recieved in two months, 250k. I will also sue for the same amount in damages, pain and suffering, stress etc...that's 62k x 2. 124k in loss and damages.
This is the only way I can think of to effect change in the illegal and imorale practices of our HOA.
If you can help me in this matter with advise, I am at kimberbart@yahoo.com
Thanks
Bart