Legal Question in Real Estate Law in Arizona

I live in a condo with 18 units. The president of the HOA owns 6 of them which he rents out, about 6 are privately owned with homeowners living in them, one is in foreclosure, I am not sure about the rest. There are no homeowners on the Board exept the president and he does not live on the property, the rest of the members are related to him, non live on the property ethier. He is accountable to no one, controls the books which the homeowners never see, he pays someone out of association fees to do maintenance which isn't done in a timely manner if at all. He stores cars on the property which is against the CCRR's, there is one truck here that hasn't been registered in three years. This is a gated complex, there is no way out unless one has a remote (which the association charges for) because there is no walk-though gate, people with kids or roomates or even spouses have to jump the fence unless they pay for multiple remotes. People are intimidated by him, any complaints will bring on a screaming cursing confrontation with him. What is our legal recourse? We are not wealthy people.


Asked on 11/19/10, 10:53 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

You are in a difficult situation. You can take action against the President of the HOA to enforce the CC&Rs;and seek an accounting of the association fees, however, you will need to form a group of all of the dissident homeowner who are of the same position as you, and put a war chest together so that you can be represented by counsel. Such action will cost money and you may be able to get some results without filing a law suit, because you have counsel and you scrutinize the books and records. If he owns 6 units and his family members own 6 units, they can always vote with him, so the results may have little force or effect. I cannot tell without more information and the opportunity to review the CC&Rs;and the rules of the association.

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Answered on 11/24/10, 1:57 pm


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