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“Any HOA considering a recall should research very carefully their CC&R’s to avoid a lapse in leadership, it is indeed a hardship on all concerned.”

Sage advice…

HOA issues and concerns are often quite emotionally charged!

• The backing of our original property manager:
a. who violated state laws,
b. forged documents regarding homeowner’s architectural submittals.
c. illegally removing homeowner’s personal property, with the approval of the president of the board.
d. removed homeowner’s personal folders from the management company.
e. was very unprofessional at board meetings.
f. was terminated for his actions by the property management company.
• The lack of response to questions posed to them at meetings.
• Board members and their family serving as judge, jury and executioner on the Architectural Committee, when there were several homeowners that wanted to volunteer to sit on the committee and were denied consideration.
• Having only seven Arch. Comm. Meetings since January 2006 up to October of 2007.
• Providing no appeals process in which ASR 33-1803(planned communities) states “A description of the process the Owner must follow to contest the notice of violation”. (Having a hearing amongst the board that is on the Arch Comm. Is NOT a way of contesting).
• Paying $35,000 out of HOA funds for the replacement of park equipment that was supposedly “out of code” (give or take a thousand).
• Unnecessary expenditure of HOA funds for legal fees.

These are just a few reasons these gentlemen were removed from office.

Brent, contrary to your belief, these are the facts. Their letters of slander and false statements without any facts leads me to believe that this is nothing more than a personal vendetta. Or are they trying to hide something? Maybe if you would have attended just one board meeting since Nov. 2006 you would be a little more educated to the truth.

I’m a member of the Finley Farms North HOA and an original resident there since the tract came on the market. I had been a member of and past President of an HOA at my former residence for six terms. Being a member of an HOA board can be a thankless and tiring task, however it is essential that a Board equally apply the HOA rules and further by example, follow those rules themselves. I am very familiar with and understand the workings of an HOA, the role of the Board and have also served on a Board of the Town of Gilbert.

The purpose of the HOA CC&Rs is not only to set boundaries upon the members but also to protect the rights of the homeowner members. Mr. Hanks would have you believe that this dispute revolved around two individual homeowners, it involved numerous homeowners. The alleged individual violations pail in comparison to the actual harm placed upon the community by the two removed members of the Board in their contempt, disregard and corruption of the community CC&Rs.

At every instance that a protective clause should have provided an avenue of recourse and appeal, the Board chose to disregard those rights to the extent of claiming the protective provisions were not legitimate, had been revoked or never in existence. When documentation (as required by law) had been requested by homeowners to support such claims, the Board failed to provide documentation, while belittling those that had made such requests.

The situation that erupted in the removal of the two Board members of Finley Farms North was considerably more complex than some would care to acknowledge. The Board and the Architectural Committee had failed to hold or announce meetings, held meetings in private, failed to maintain proper documentation of meetings, failed to provide meeting documentation to the management firm for permanent record and access by the membership, and often failed to respond to homeowner architectural submittals within proscribed time limitations – thereby rendering untimely decisions unenforceable.

Quite simply: if the judges in our court systems were to issue citations, prosecute defendants, and render decisions on actions which they themselves initiated; that would not be considered fair or just. We had a Board of Directors who had appointed themselves and proxies to the Architectural Committee, revoked all avenues of architectural appeal, and went forth as the members of the rump Architectural Committee to issue alleged citations to homeowners. Clearly this too was not fair or just.

The homeowner members had the responsibility to restore the proper functioning of the Board and Architectural Committee equally applying the provisions of the CC&Rs in protecting the rights and protections of the community as a whole. That was the action that was taken by the Finley Farms North HOA in removing the two directors from the Board.

For reference, I had no violations or disputes with the HOA and have not been delinquent in any of my assessments. This matter revolved around the inability of the Board itself to properly consider and follow our CC&Rs.

Our entire board was basically ousted by 3 or 4 homeowners that had architectural requests denied (all *clearly* violated existing CC&Rs and architectural guidelines). They walked the neighborhood and got enough people fired up to vote them onto the board (all it takes is 10% of the home to have a quorum — 30 homes in my neighborhood.)

Several of the ousted board members had served for years, and given literally hundreds of hours of their time — gratis of course — to the neighborhood.

Since the election, I have neither seen nor heard a peep from the new board. I suspect if I drove by their homes though, I’d see some newly approved changes in progress…

They will likely get what they wanted, to the detriment of the neighborhood.