New HOA Laws to reimburse legal fees to residents

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Michael Mayer

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Mar 13, 2012, 7:45:17 PM3/13/12
to Cimarron Hills
Acouple things of note.

1st....The brush is being removed along the Parcel W (Cimarron Ridge)
walls. It is being done by caucasian men (good looking young men).
They needed the work to support their family's. Help them if you
can. I will take tree trimmings over my wall and dispose of them
myself so they don't have to carry and 4 wheel the limbs out.

2nd thing....The State is in the process to pass new HOA laws which
put residents on equal footing with HOA Boards.

HR2484 - This law gives residents the right to receive compensation
from the HOA for legal expenses if they contest an HOA Board decision
and the Board looses in court.

Therefore our HOA board will not be able to make "improvements"
without a 75% approval vote by all 650 residents. This law will reel
in HOA board unilateral actions which violate CC&R's. Examples in
Cimarron Hills....Releasing common area to Cellular Company's,
removing speed bumps on QWL, declaring homes as a public nuisance.

Our board can only "REPAIR, REPLACE or MAINTAIN". Any improvements
require a 75% approval by all 650 residents according to the
CC&R's.

Michael

Anthony C. Humpage MBA CPA

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Mar 13, 2012, 9:16:37 PM3/13/12
to cimarr...@googlegroups.com
Mike, I think HR2484 just makes common sense, as do the other following
pieces of legislation relating to HOAs and their good governance:

HR2290 (arbitration, permits taping, videotaping of meetings with prior
notice)
HR2095 (prevents an HOA enacting firearms rules counter to Federal and State
law)
SB1468 (Board Member liability for legal fees)
SB1240 (selective enforcement of HOA rules)

If readers go to http://www.azleg.gov/bills.asp and put "Homeowners
Association" in the search box the summaries of these pieces of legislation
may be read.
I personally don't have a problem with any of these. Whether they do or do
not apply to CH HOA *today* is not the point, but they are the result of
Board abuses somewhere that could one day become an issue for us.

Anthony Humpage

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