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Subject: Tipping the scales?
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JohnP
(Arizona)

Posts:1


11/21/2005 5:41 PM  
We are a fairly new developement located in Pinal County AZ.

The original developer sold out to a new developer/builder all remaining lots.

The new sales staff immediately began to undermine the sitting board by informing all buyers and prospective buyers that the HOA had no authority to enforce the CC&R's as there are no HOA fees paid (?) as we have no 'common' or community properties to maintain, nor are we supported by a management company. [no fees]

This of course made it impossible, less legal action, to enforce the existing CC&R's which all original buyers were forced to, by the original developer to adhere to.

According to the CC&R's the developer has an automatic position on the board and holds three votes. A member of his sales staff, also a resident has proposed that the sitting board be disolved as we did not enforce the existing CC&R's. She has also suggested that she would be running for a position on the 'new board'. I'm sure by now the picture is coming into focus as she is the major offender in undermining the position of the existing HOA board.

This would give the 'new developer' a majority vote, and a free hand in any matters coming before the 'new board'.

My question are; (1) Wouldn't an employee of the developer by way of her relationship with her employer, sitting on the board constitute a conflict of interests? (2) Is there anything shy of litigation that can be done to prevent this obvious conflict?

Thank you,

JohnP
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