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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116152
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have filed a Complaint in AZ Superior Court against our HOA

Customer Question

I have filed a Complaint in AZ Superior Court against our HOA asserting that our BOD violated sections of the AZ Condominium Act. Principally a direct violation of Section 33-1248 re open meetings, and peripherally the appearances of a violation of Section 33-1243 regarding a conflict of interest.
Basically in their "outraged" Answer and in subsequent "sweep it all under the rug" settlement offers, the Defendant(s), via their Attorney, are trying to claim that regardless there was no "harm done."
Well yes, the harm is a bit in the eye of the beholder. But I consider it significant at least from a behavioral standpoint. And besides the Board has acted to deprive the Membership of their right to comment on a very important matter before voting -- a matter I believe the Membership would have advised against. So (IMHO) I do see this as an indirect hit on my property value (i.e., an arrogant and dysfunctional Board is bad for property values) -- again, hard to prove.
Put it this way, our Board has run several red lights. And yet because the drivers coming the other way deftly avoided them "no harm was done." Well, what about the next time?
Even my attorney is advising me that Judges tend to look askance when no actual material harm is proven. And part of the problem is that the AZ the Condo act statutes regarding open meetings carry no penalty clauses. Whereas those in the more important public corporation sector do. Why should that matter?
I am simply looking for the Court to rule on a matter of law regardless. So how can I better press that aspect?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The issue in courts would be that under the Constitution there has to be a "case or controversy" for them to decide. When people file this type of suit, unless they can prove ACTUAL damages, since the statute provides no penalty, there is no real judgment the court can give other than an order to follow the laws in the future. So this is essentially a declaratory judgment action if you can prove no actual damages, which is what your attorney is stating to you.
Thus, you need to ask for your declaratory judgment ordering them to not violate in the future and to pay your costs and fees for going to court on this, because we see these cases decided daily and unless the member bringing the suit can prove actual harm, that is all the courts will award.
You are asking the court to rule on a matter of law, so that is a declaratory judgment to declare whether or not they followed the law and to order them to do so in the future.