HOA Elections, Arizona

Started by LauraD • 7 replies • 1723 views

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LauraD (Arizona)
Posts: 18

Posted:

A local HOA that a friend of mine is in here in Arizona has had the same president
for 18 years!! Now when a member is nominated or wishes to be on the ballot at
election time the President will only allow "his chosen" to be on the ballot.
I am recommending to my friend to check the by-laws and see if there is a possible violation. But where does she go with it?
A layer would cost $$$$
Any recourse or input from others would be appreciated.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Laura,
There is power in numbers. Make sure that you read ALL of your Documents and find any section about elections and Board members, Once you understand your membership rights, then get others involved as that is where you will get your power back from this guy. I always wonder, what kind of person wants to do this for 18 years? Must have the Dictator complex in him. Is everyone sleeping at the wheel in your association.?

WayneB3 (NV)
Posts: 51

Posted:

Quote:

Posted By LauraD on 12/10/2007 9:19 PM
But where does she go with it?

I believe Arizona uses the AZOAH for dispute resolution.

GloriaM (North Carolina)
Posts: 829

Posted:

Laura:

Try this link and then go to your state. Then click on either Condo or Planned Communities.

www.communitiesonline.org/laws/

HaroldS (Arizona)
Posts: 906

Posted:

Here is the Arizona Office of Administrative Hearings webb site. Scroll down to frequently asked questions. To file a complaint with them costs $550 and you should be absolutely certain and have positive facts that your HOA is violating either their own CC&Rs and/or state statutes. If the OAH rules in your favor the HOA must refund you your $550 filing fee. That is why it is so important to have absolute, indisputable facts, and file just one issue at a time. http://www.azoah.com/ Good luck. Harold

SusanW1 (Michigan)
Posts: 5,202

Posted:

Look up: "Terms of Office" in your bylaws.

Look up: "Elections" - nominating committee, nominations from the floor and writ-in candidates

Look up: "Duties of the President"

These areas may give you some idea as to why a person was permitted and willing to hold the same office for 18 years.

Then look up "Removing an Officer"

PaulM (Pennsylvania)
Posts: 1,347

Posted:

LauraD: Since this is not your own HOA, your friend would need to offer more info for us to respond intelligently.

If one is nominated, or one nominates himself according to the process established by the association (or Management Company), the acting President cannot dictate or a nominee from being on the ballot. He can made it difficult, but not stop the process. He can also 'persuade' others not to vote for the 'new nominee', he can seek proxy votes for himself, etc. to ensure that he will be elected for another term....

Doesn't anyone else care that one person has been at the "wheel" for 18 years? Where does the rest of the Board stand? Has no one else ever complained that they are unable to serve on the Board? Has there ever been a recall of this Board member by the association membership?

IMO, there is no violation committed for one person to continue on the Board as President unless the documents deny a person to be elected to successive terms of office. The problem really sounds like it may be member apathy to allow this to continue for so long.

JC3
Posts: 290

Posted:

Quote:

Posted By PaulM on 12/14/2007 6:19 AM

The problem really sounds like it may be member apathy to allow this to continue for so long.

It sounds to ME like member apathy in getting involved.

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