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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 113406
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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There are only 2 members on the Board. One who shouldn't be

Customer Question

There are only 2 members on the Board. One who shouldn't be on the Board because she does not live here & only owns here. Well the 2 board members ordered the new landscape company to "rip out" all the foliage around my Condo! Just four years ago we were encouraged to plant around our area as long as the plants were already in the complex.
My area is like a long channel and gets extremely heated during the summer in Arizona & there is a condo directly to the west of me so I don't even get a breeze! I also have 2 heart conditions that will make the heat in my walkway unbearable and dangerous for me if they remove my plants! So I called the new landscaper to tell him we were working on removing the board and their orders were Not the wishes of the Homeowners & a VOTE was Not taken & I asked him to not remove the ornamental orange trees or cut down or pruning my area! I was shocked when the owner at the landscape company sent his men out the next day and removed all of our ornamental orange trees in the pool areas and now there is nothing in there! There is no shade and it looks just awful I had a petition signed before and everyone stated they bought here because of the dense foliage which the Board 2 women want to turn to desert Landscape! Even worse they keep saying that we owe them money when we don't & keep suing us! I was even told by a board member that they will ruin me through attorney fees! I've already paid around 18 grand! We all own in the common area. How can I stop them from ruining my beautiful area? Most people have given up fighting these evil doers & their Attorneys!
Submitted: 10 months ago.
Category: Real Estate Law
Customer: replied 10 months ago.
I forgot to say that i'm in Phx AZ.
Expert:  Law Educator, Esq. replied 10 months 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.
Daily operations of an HOA is up to the board of directors under AZ law. If the board of directors is not legally elected, then any decisions they make can be invalidated, but this means you would have to pay to take them to court and fight them to get the court to rule they have a board that violates the rules and bylaws of the HOA.
Another option is you can also get the residents of the HOA to submit a bylaw change, in accordance with the process outlined in your bylaws, and pass a new bylaw to prevent the board from taking actions you are describing.
I am afraid that because in an HOA the board of directors controls the operations of the HOA when it comes to these matters, these are your only real options I am afraid.

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