HOA Nut House

I say this... Call them, tell to tow it... and when they do, report the vehicle as stolen property and press charges against them. Demand a JURY trial - and demand that they pay restitution... it's working in Texas

One of the Hacienda Real HOA board members, Don Abbott, stuffed a printout of an email in my mailbox yesterday. His email address, dabbott@cox.net, was printed on the top of the email. On this email, which mentioned the citation described above regarding our felonious property manager, he typed the following:
"YOU CAN SHOVE THIS UP YOUR FAT OLD ASS, YOU SICK BITCH!"

So I scanned it and put it on the blog "http://haciendarealhoa.blogspot.com/" It will add to a nice collection of items for my attorneys to use, don't you think?

Hacienda Real:

If the "Oh Donny Boy" post on Wednesday, June 25, 2008's http://haciendarealhoa.blogspot.com was only an excerpt of Abbott's message, kindly post the complete message evidencing this board member's wisdom, eloquence and apparent qualification to serve his community.

Did Abbott send or copy this vitriol to others in Hacienda Real, to include one or more members of the association's board of directors? If so, "Was your (Abbott) action sanctioned by the Hacienda Real HOA board of directors," is likely answered by Abbott's misstep.

I posted the message I received from Don Abbott in its entirety above, and the actual note is scanned and posted at http://haciendarealhoa.blogspot.com.
I have no idea whether Don has sent others in the community similar sentiments. But if you would like to contact him, his email address was found on the note he stuffed in my mailbox: dabbott@cox.net

The post above was Don's message in its entirety. It was also scanned on the blog at http://haciendarealhoa.blogspot.com
I have no idea whether Don has stuffed similarly phrased sentiments in the mail boxes of other Hacienda Real HOA homeowners. But his email address is printed at the top of the note, so feel free to contact him at dabbott@cox.net

sorry for the double posting

"Did Abbott send or copy this vitriol to others in Hacienda Real, to include one or more members of the association's board of directors? If so, "Was your (Abbott) action sanctioned by the Hacienda Real HOA board of directors," is likely answered by Abbott's misstep."

Answers for Community Associations
January 2008, Volume 4, Issue 2
Published by Mulcahy Law Firm, P.C. for clients and friends

Beware – Use of E-mail by Board Members
Can Lead to Open Meeting Law Violations!
by Beth Mulcahy

[Mulchay, legal commentator/contributor published in Managers Report magazine, CAI’s Journal of Community Association Law, Common Ground and the Arizona Community Associaiton Journal]

Over the past decade, the use of e-mail has dramatically increased. Association directors use it as a means of communication with other directors, the association’s manager, association vendors and the association’s attorney. This form of technology and its ease of use have created issues regarding potential violations of the Arizona open meeting law pertaining to community associations.

Arizona Open Meeting Law for Associations

Under Arizona law (A.R.S. Section 33-1804 for planned communities and A.R.S. Section 33-1248 for condominiums), notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the association and the board
of directors are open to all members of the association or their representatives (who have been designated as such in writing) and all members or their representatives so desiring shall be permitted to attend, listen and speak (at appropriate times) during deliberations and proceedings. However, the board may place reasonable time restrictions on those persons speaking during the meeting, but must permit a member, or their designated
representative, to speak before the board takes formal action on an item under discussion in addition to any other opportunities to speak.

In addition, under Arizona law, any portion of a meeting may be closed only if that closed portion of the meeting is limited to consideration of one or more of the following subjects: (1) legal advice from an attorney for the board or the association; (2) pending or contemplated litigation; (3) personal, health or financial information about an individual member of the association, an individual employee or the association or an individual employee of a contractor for the association; and (4) matters relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or contractor of the association who works under the direction of the association.

Finally, under Arizona law, unless otherwise provided in an association’s documents (typically an association’s articles or bylaws), 48 hours noti ce of board meetings must be given (by newsletter, conspicuous posting or any other reasonable means) to association members stating the date, time and place of the meeting (however, there is an exception to this notice requirement for emergency meetings).

Is it a Violation?

It is my opinion that Arizona law does not prohibit one director from discussing with another director association business via e-mail without a duly called and noticed board meeting (unless two directors constitute a quorum). However, if a quorum of directors
participates in an internet “chat room” where each director could log on and chat with other directors at the same time, it is my opinion that this would be a violation of the open meeting law. In addition, if a quorum of the board is discussing association issues and/or conducting votes via e-mail regarding association business, it is my opinion that the association’s board is in violation of the Arizona open meeting law. The purpose of the open meeting law is to allow members of an association to be present (if they so chose) when there is discussion and/or voting by a quorum of the board regarding association issues.

There are exceptions to the use of e-mail by board members in Arizona. First, if there is an emergency situation, it is my opinion that a quorum of the board can use e-mail (for this limited purpose only) for discussion and/or voting. Second, board members can
use e-mail to communicate with each other regarding general information (i.e. the date and place of meetings, information to prepare for a board meeting such as financials, bids, etc.) as long as there is no discussion/voting regarding association business by a quorum of the board via e-mail.

Trends:

Many in the community association industry predict that if boards use e-mail to contradict open meeting laws, the Arizona legislature will respond by placing limits on the use of e-mail by board members.

Therefore, it is important to note that overuse and misuse of e-mail may result in legislative limits on the use of e-mail by association board members and potential liability for violations of open meetings laws.

Illegal meetings are par for the Hacienda Real HOA board. They simply do not know what they are doing but they keep cycling the same few board members in and out so until someone sues, nothing will change.