Tag: rogue boards

AZ bill automatically removes BOD if law not followed

Some good news for restoration of homeowner control of the boards failure to act in violation of state law.  Arizona bill HB 2607, Sess. L. Ch. 111 added this subsection regarding the removal of the board of directors.

Section 33-1243 for condos and 33-1813 for PUDs:

“(d) If all of the requirements of this subsection for calling a special meeting are met and the board of directors fails to call, notice and hold a special meeting within thirty days after receipt of the petition, the members of the board of directors are deemed removed from office effective at midnight of the thirty-first day.”

Of course, the homeowners must have a set of directors ready to take over and establish the election/appointment of the new board as party of the BOD’s records.

Thanks to Dennis Legere for his many efforts before the Arizona Legislature.

HOA defect: volunteers & boards of directors

There is a serious defect in the HOA model of local governance based on a private contract that requires a board of directors to manage the association through the use of unpaid volunteers. It seems as though the framers ignored the old truism: you get what you paid for. Now don’t get me wrong, there are qualified directors and those with an honest belief in volunteering and pitching in to make their HOA a better place. But the legal structure to often prevents them having any real impact. A topic to be addressed elsewhere at another time.

The framers of the model were well aware that to ask homeowner/members to fork up assessments that included director/officer salaries or compensation would never fly. It would not even fly today. Recourse then was made to the utopian concept, the private commune, where everybody chipped in and did what they were capable for the benefit of the commune. And that required individuals who believed in the model to volunteer their time. Without this above and beyond call for volunteers the mass merchandising of HOAs would have failed.

In order to explain my opinion, I must take members back to 1964 and the framing of The Homes Association Handbook that became the HOA declaration of CC&Rs “bible.”  All HOA declarations flow from this Handbook and constitute the vast boilerplate found in all CC&Rs over the past 58 years.

This topic was addressed in the Handbook. And since the growth in size of HOAs led to incorporation of the associations, the need for a board of directors was mandatory and a solid and necessary requirement. The answer was solved, they thought, by unpaid volunteerism. Further reaching out in order to make the HOA legal scheme work, the demand for involvement in the affairs of the HOA, especially for directors, ran against the national data on citizen involvement in government. (Just check the number of voters in presidential elections as a percent, not of registered voters, but of voter age people, shows on average a 35% turnout.)

As it has become apparent, many HOAs have resorted to “conscripting” members just to sit on the board to meet the statutory and governing document requirements. They are generally YES men, going along with the power clique or president’s wishes. This has led to anyone, qualified or not, to get him on the board.

THE  ALLEGORY  OF  THE  WIZARDS OF HOA-LAND

“Pay no attention to that man behind the curtain!”

The quote comes the classic film The Wizard of Oz. The Wizard of Oz tells the story of Dorothy (and her dog Toto) who is magically transported to the Land of Oz. Now, stuck in the Land of Oz she  is advised to see the Wizard of Oz as he may know of a way to send her home.  Speaking to the Wizard, who looks like a giant floating head, the floating head is exposed as just an illusion created by a middle-aged man hiding behind the curtain, who is the “real” Wizard. He attempts to distract them by asking them to ignore the man, saying “Pay no attention to that man behind the curtain.”  (View https://youtu.be/YWyCCJ6B2WE).

The ”Wizards of HOA-Land” are none other than the HOA boards of directors (BOD) who provide illusions of happiness, approval, and support by the majority of their members.  The BODs use propaganda statements — disinformation consisting of false, misleading, and half-truths —  videos, photos, testimonials, and coercion applied to non-believers in their message.

Speaking specifically in regard to my “Mgmt Case Study #1” subject, Arizona’s SCG, as a result of the BOD’s arrogance, its defensive posture using propaganda to create illusions of proper and righteous conduct, its silence on the crucial issues, and its continued violations of black-letter statutes and the governing documents, I’ve managed to pull away the “curtain” and expose the Wizards in action. The BOD’s response has been, in effect: Pay no attention to these criticisms and just believe in how we’ve made you all content with  SCG. 

The SCG BOD election  mockery

(In general, the legislators, the media, the HOA BODs and members need to step back and see the ugly forest through the trees — the claimed “isolated” incidents.)

And so the BOD, with some 30% of the votes already cast, continues to urge the members to vote.  Why?  Under SCG’s election procedure the winners are from the top 4 vote counts, and with more than 10% voting to avoid any quorum issues, why bother?  Would it really make a difference among 7 shades of gray candidates who, as I’ve pointed out elsewhere, have been carefully selected and controlled by the BOD with the result, no matter who won, of more of the same policies, attitudes, decisions, culture as before.  The independent voices of  the members have been denied.

A Committee for the Betterment of Sun City Grand  (CBSCG) is becoming a necessity for any hope of restoring member fundamental rights and freedoms.  The members must act!

Mgmt case study #1 – update3

SCG BOARD CONTINUES TO DEMONSTRATE THAT IT’S A ROGUE BOD

Management Case Study #1 update3 — BOD good faith conduct

George K. Staropoli, January 16, 2022

This study will proceed to a climax late this month with the board elections.  The BOD has remained silent with respect to the allegations and the members have also remained silent. However, the BOD has handled their problem with a campaign of propaganda.

I challenged the BOD and the members in a post to the SCG FB private member group, stating in part:

PROPAGANDA. I have studied the recent weekly posts, releases, enotifications, “news of the day” etc. from the BOD. My  conclusion was that I was witnessing a very slick and effective propaganda campaign.  (“Propaganda” is false statements, half-truths, omission of facts, and misrepresentations designed to produce a favorable attitude and mindset in the targets). What has been presented to the membership has been happy, smiling faces, eating good food at the Café, enjoying the club and sports amenities, and beautiful pictures of the landscaping. A picture of happy land and playing to the wishes, desires, and wants of the members.

All designed to elicit “what a great place this” and “what a great job the BOD is doing.”  I agree!  Meanwhile they have failed and continue to fail to address documented criticisms and charges of violations.  Completely ignoring these serious aspects of BOD duties and obligations under state law and the governing documents.  Will the new BOD follow in suit?  “For they are all, all honorable men.”

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Please feel free to provide posts on this open SCG member FB group: any  feedback, your views, any questions about me, who I am, what I stand for, or what I wish to accomplish. 

PLEASE ENTER MY NAME AS YOUR WRITE-IN NOMINEE FOR A CHANGE FOR THE BETTER: GEORGE K. STAROPOLI.