News from Arizona

ARIZONA – Homeowner attorney raises concerns over increase in HOA foreclosures

azfamily.com:  Homeowner attorney raises concerns over increase in HOA foreclosures
By Jason Barry
September 14, 2017

PHOENIX (3TV/CBS 5) – Dina Reimer is like a lot of Valley homeowners living in an HOA community.

She knows she can be cited for faded paint, or not keeping the front yard clean, but the Phoenix mom had no idea her HOA could foreclose on her house,  if she falls behind on her monthly dues.

“That definitely seems extreme,” said Reimer. “I didn’t even know about that. I wasn’t aware. As far as I’m concerned, it says if you’re two weeks late you owe 15 more dollars.”

Attorney Jonathan Dessaules represents several clients on the verge of losing their homes. He said the number of HOA foreclosures is on the rise, with many homeowners having no idea it was even possible.

“Once the HOA starts the foreclosure process it is a train going 90 mph,” said Dessaules. “The only way it can stop is if a homeowner accurately guesses how much a court will award in attorney fees.”  Read more:

ARIZONA – HOAs foreclosing on hundreds of Phoenix-area homeowners for as little as $1,200

AZCENTRAL:  HOAs foreclosing on hundreds of Phoenix-area homeowners for as little as $1,200
Jessica Boehm and Catherine Reagor, The Republic
September 14, 2017

Homeowners associations, the enforcers of neighborhood paint colors, holiday decorations and trash bins, are leading the latest surge in Phoenix-area foreclosures.

HOAs are foreclosing on a record number of homeowners for as little as $1,200 in missed

maintenance payments, according to an Arizona Republic investigation. And homeowners who thought only their mortgage lender could seize property are losing their houses at sheriff’s auctions, sometimes for just $100 more than they owe.

“It’s become a huge issue,” Arizona Real Estate Commissioner Judy Lowe said. “Most homeowners don’t understand the foreclosure process and don’t know their HOA can foreclose.”

Arizona allows an HOA to foreclose after a year of missed payments or a debt of $1,200. But when HOAs add legal fees and interest to late payments, the debt can more than quadruple in a year.

Some homeowners fighting desperately to keep their homes find HOA balances often don’t match amounts listed in court filings, making it difficult to learn how much they really owe — and impossible to catch up.  Read more:

AZ: 2017 Top Ten List on Arizona Open Meeting Law

by Courtney Schwartzel

Here it is! The list you’ve all been waiting for! We have compiled the absolute “need to know” bullet points about Open Meeting Law for Arizona Homeowners Associations.

  1. Arizona Open Meeting Law is in place to protect the health of the homeowners association, by protecting members from being excluded and deterring any “secret” decision making by the HOA Board.
  2. The law requires the homeowners association has at least one meeting a year, and take place in the State of Arizona.
  3. All meetings of the homeowners association, board of directors, and regular committee meetings are open to all members of the association (notwithstanding any provision in the association documents).
  4. As long as it is in writing, a member may send any person they designate, to the meeting as their representative  Read the article for more information

NATIONAL – CAI finally admits to being a business 501(c)6 trade organization

HOA CONSTITUTIONAL GOVERNMENT: CAI finally admits to being a business 501(c)6 trade organization
By George K. Staropoli
January 15, 2017

CAI finally admits to being a business trade tax-exempt organization.

Community Associations Institute (CAI) is a national nonprofit 501(c)(6) organization founded in 1973 to foster competent, responsive community associations through research, training and education. […] We work to identify and meet the evolving needs of the professionals and volunteers who serve associations, by being a trusted forum for the collaborative exchange of knowledge and information, and by helping our members learn, achieve and excel.[1]

In my 17 years as a HOA reform activist this is a landmark first!  This is a personal achievement.  There was very little support from other reform advocates and homeowners regarding misrepresentation by CAI.[2]  As a result of my repeated criticisms and exposes, CAI had to apparently fess up.

Over its 44 years in existence CAI has mislead its viewers, members, the public and legislators as to its legal tax-exempt status. It news releases, websites, Common Ground magazine, communications with state and federal elected officials, and court filings that refer to representing homeowners and HOAs.[3] CAI is not allowed to have HOAs as members![4]  Example, CAI’s current web page reads,

CAI provides information, education and resources to the homeowner volunteers who govern communities and the professionals who support them. CAI members include association board members and other homeowner leaders, community managers, association management firms and other professionals who provide products and services to associations.

CAI serves community associations and homeowners . .

Read more:

https://pvtgov.wordpress.com/

NATIONAL – HOAs from hell: more horror stories, more fraud – and prospect of legislative action

McClatchyDC: HOAs from hell: more horror stories, more fraud – and prospect of legislative action
By Judy L. Thomas
December 23, 2016

In Georgia, a decorated Army veteran who lost a leg in Afghanistan is now ensnared in a battle on the home front — with his homeowners association.

The HOA filed a lien on his house related to the placement of his trash cans.

From Maryland to California, prosecutors have charged HOA officers and property management officials in fraud and embezzlement cases with losses that total in the millions.

And in Missouri, lawmakers are working on a proposal to make homes associations more accountable, with one saying homeowners in his district have become so incensed with their HOAs that “we are one step away from pitchforks and torches.”

In the few months since The Star’s report on HOAs from hell, horror stories continue to pile up and homeowners keep falling victim to thieves from within their ranks.

Lawmakers in some states are saying enough is enough. It’s time, they insist, to take on a more aggressive role in regulating the $85 billion industry.

“It’s the number one constituent issue in my district,” said Missouri state Rep. Bryan Spencer, a Republican from Wentzville, near St. Louis. “This is basic property owner rights. It’s a fundamental right that we should have as Americans.” Read more: