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We have been having issues with one particular Board

Customer Question
We have been having...

We have been having issues with one particular Board Member(Treasuer) which started 8 months ago. She violates us for every little thing. Right now she insist that we remove the non permanent Gazebo down, that it is over two feet from there policy height. She also now, after having the Security Door up for 4 years, wants us to remove the door, the joint fence that belongs to the President of the Board previous tenant destroyed the conjoint fence, so we put up new fencing attached to the already exsisting fence, and now she wants it down. it just goes on.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have sent them photos regarding the fence, showing them measurements that it is not the height it says it is, further more, I sent them letters according to there own CC&R that the owner of the fnce causing the damage is responsible, but to no avail. As far as Gazebo goes, Ive informed them its a non-perminant gazebo, everyone here has one, I feel she is being discriminatory towards all people of color.

Lawyer's Assistant: Where is the property located?

I had an issue 8 months ago with the Presidents previous tenants, took them to court to get a Injuction of Harassment and prevailed, ever since, she wrote falsified letters to my landlord, tells new tenant things about us, gets community to watch us and take photos. Property is at 3127 W. Manzanita Drive, Phoenix, Az 85051

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well there is so much, she had her dog attack my son, then on another time she told my son to get out of here, he was nothing, they threw him out of a Board Meeting, they stood by mailman as he was screaming at both of us accusing us of turning him in, violated us for having Christmas Wreath on to long till Janurary 30. and more!

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 2 minutes by:
3/18/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 1 month ago
What A.R.S. states we can not have a non-perminant Gazebo and the what I feel is alimited common element, can she make my landlord remove security door
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

Interesting. I see you are trying to request a phone call and I think that may be appropriate given the details and issues here. You may need to contact your bank to authorize the charge.

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Customer reply replied 1 month ago
Funds were transferred into my account, for some reason it is not allowing me to update?
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

You can always contact Just Answer’s Customer Care team by clicking here or calling them at 1-***-***-**** because they are the ones who can help you get this straightened out:-)

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,307
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

The Attorney that you were working with opted out.

I am an Arizona licensed Attorney and it will be my pleasure to assist you.

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Customer reply replied 1 month ago
No, Ive already paid for e mail response
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

This is the only format that I can respond in.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

It sounds as though this is an HOA, Is that correct?

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Customer reply replied 1 month ago
I feel that we are being harassed and attacked by this one board member, but the others back her up.Are you able to see the previous conversation I had with the previous Attorney
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Yes, I am able to see your previous conversations.

Since this is an HOA we need to review the governing documents of the HOA as Arizona Revised Statutes would follow the properly recorded CC&R's.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

If this is discrimination and it sure sounds that way you will want to file a fair housing discrimination complaint. There is also a branch of the State that the deals with HOA issues. Let me provide the link.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago
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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago
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Customer reply replied 1 month ago
I need to know the A.R.S. statues that relate to being allowed to have a non-perminant Gazebo, Security Door, and why they are not allowing my 37 year old son not to attend the Board Meeting, we have Power of Attorney from our landlord.
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

We need to see what the governing documents of the HOA state. ARS will honor the governing documents. What do the governing documents state?

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

These are the laws and statutes that govern HOA's in Arizona

"Homeowner Associations are governed by a chain of governing documents and laws.

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.

Considerations:

  • State laws affecting Common Interest Communities vary widely.
  • Bills affecting Common Interest Communities are frequently being introduced in state legislatures and may be in different stages of consideration, approval, or enactment.
  • It is not uncommon to find conflicts within or between governing documents such as the covenants and the bylaws. There may also be conflicts between governing documents and statutes. When this occurs, attorneys must often consider applying Rules of Intepretation.
  • Because of the wide variance in state laws, constant changes and possible conflicts in governing documents or statutes, it is strongly recommended that association boards and members seek legal counsel and especially with firms that have expertise or strong practice experience in the area of Common Interest Community law. A good starting point is to check the HOA-USA Partner Directory for your respective state.

Arizona Laws:

  • Nonprofit Corporation Statutes generally apply to any incorporated Common Interest Community. In Arizona, look to the Arizona Nonprofit Corporation Act (A.R.S. 10-3101 et seq.) Title 10, Chapters 24-40
  • Arizona Revised Statutes, Title 33 - Property, Chapter 9 - Condominiums, Articles 1-4
  • Arizona Revised Statutes, Title 33 - Property, Chapter 16 - Planned Communities, Article 1
  • Arizona Revised Statutes, Title 33 - Property, Chapter 20 - Timeshare Owners' Association and Management Act, Article 1" https://www.hoa-usa.com/statelaws/az.aspx
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Customer reply replied 1 month ago
which are the governing documents, there CC&Rs and bylaws?
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Exactly. The board MUST honor the bylaws and CC&R's.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

These are the governing documents:

1. The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.

2. The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.

3. The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.

4. The Bylaws are the rules for management and administration.

5. Resolutions are additional rules and regulations that the association may adopt.

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Customer reply replied 1 month ago
well, I had already ben reading a lot of the statues and bylaws, but could not find an area in regards ***** ***** gazebo and security door, that's why I reached out to you all, but to no avail. I still have to do research my self. thanks anyways
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

If you can attach the documents I can assist you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Each HOA has their own rules and regulations so without reading the documents there is no way to know what is stated within them. To answer your initial question there is no Arizona Revised Statute that addresses this matter.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

"What A.R.S. states we can not have a non-perminant Gazebo and the what I feel is alimited common element, can she make my landlord remove security door" There is no statute that deals with these matters. If there is an HOA the governing documents would set out the requirements. If there is no HOA local ordinances would apply.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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