Currently, here is what is going on in the State Legislature that apply to HOAs:

 HB2484 – It is still alive!

This Bill relates to Homeowner Association legal fees.  As amended, it voids any provision in HOA documents that hold members liable for attorney fees without regard to whether there has been any legal action or litigation filed.   As of last Friday, April 20, it has passed the House 3/1 and the Senate 4/3, both in the 3^rd Reading.  This places an undue burden on HOAs if in a dispute with a resident, attorney fees are incurred and the HOA prevails, the HOA cannot collect those attorney fees!

 Write Governor Brewer and ask her to veto HB 2484.  Her address is 1700 W. Washington Street, 7^th Floor, Phoenix AZ 85007.

HB2160 – A brighter result

This Bill that proposed changes in the election procedure for HOAs was defeated in the Senate by a vote of 21 to 9.  If you will recall, it called for in-person voting or absentee ballots to conduct the election of HOA directors.  Other detailed procedures were also included.  Most glaring was the potential liability in the form of a Class One Misdemeanor that could result in a $2500 fine and six months in jail.  For a corporation, it was a $20,000 fine.  The opposition prevailed.

 HB2030 – A compromise

An HOA may regulate the parking of noncommercial vehicles on any County road only if the HOA allows each household to park two or more registered operable vehicles in the household’s driveway.  A vehicle parked in the driveway must be either passenger vehicle or pickup truck with a gross vehicle weight of one ton or less with non-commercial license plates or a motorcycle with motorcycle license plates.  It has passed the Senate and is ready for House action.

 HB2764  – A change

Beginning January 1, 2014, HOAs are required to register with the Secretary of State instead of recording information with the County Recorder.  Beginning March 1, 2014, the Secretary of State must post HOA information online.  It has passed the Senate 23 to 7 and ready for House action.

 New Membership Categories in our Bylaws

At our Board of Representatives Meeting held earlier this month, a vote was taken by the members to approve amendments to our Bylaws that addressed new membership categories.  The express purpose behind these proposed new categories was to increase our potential revenue to offset the $20,000 budget shortfall this year due in part to a reduction in income from the publication and distribution of the Green Valley Directory. The membership categories were discussed and approved earlier at our October 20, 2011 Board of Representatives meeting. After three months of discussion, all of the representatives except three approved the amended Bylaws.  The three representatives who voted no had a variety of reasons that were addressed in detail prior to the vote.  One reason given was there were no proposed dues amounts attached to each of the new categories.  We do not understand the reasoning for this “No” vote as specific dues amounts have never been included in our Bylaws.  As you know this year “regular member” dues are $5.50 per household per year.  Along with regular member dues, other dues amounts for 2013 will not be established until we can properly project our income and expense for 2013 and beyond. We have promised to announce the dues by July, 2012, in time for most HOAs’ 2013 budgeting concerns. Included in our budget analysis will also be the possible relocation of the office to reduce our rental obligation and the negotiation of a new contract related to the Green Valley Directory.

 Another comment made relating to member categories was the possible influence of “corporate/business” members.  The Council is here to serve the residential component of Green Valley. Total control remains with the homeowner associations (regular members) and the Executive Board.  Proportional voting on any issue can be enacted by regular members who hold an over whelming total (proportionally) of 222 votes for the 75 HOAs. 

 Green Valley Road Repair

As most of you know, the Board of Supervisors approved County Administrator Chuck Huckelberry’s proposal for emergency funds to repair a number of roads within Pima County, one of which is Abrego Drive between Duval Road and Esperanza.  We are told that the work will start on or about May 1^st.

This past week, we sent a list of ten (10) sections of streets here in Green Valley to Priscilla Cornelia, Department Head for Pima County Department of Transportation and requested that they be considered for road repair in the County’s Budget for next year beginning July 1^st.  First Vice President Eddie Peabody and Road Assessment Committee volunteers physically surveyed streets throughout Green Valley that are in need of major repair and are heavily traveled by the residents.  Some of the streets listed in priority are (1) Abrego Drive from Esperanza to Continental, (2) Camino del Sol from Encanto to Camino Urbano, (3) Esperanza from I-19 to Desert Bell and (4) Calle de las Tiendas from La Canada to the end.  We have requested that these streets and the other listed will be taken into consideration for repair in the next fiscal year. 

 A survey of remaining streets in Green Valley is currently underway and when completed and analyzed, that list will also be sent to the County for consideration in future repairs in the County’s Road Preservation Program.  We will keep you apprised on our requests.

HOA Officer Training Program

Next Tuesday, the 27^th the GVC is presenting its annual HOA Officer Training Program.  It is going to be held inSuite 24 (First American Title) of the Village.  The schedule is:

                                    1:00 to 2:00 PM          The role of the President

                                    2:15 to 3:15 PM          The role of the Secretary

                                    3:30 to 4:30 PM          The role of the Treasurer

 This time of the year, most HOAs have held their annual meeting and, if required, have elected their new Board of Directors and officers.  Whether you are new to your Board or carrying on in the same position, the three sessions being presented are both informative and beneficial in carrying your respective duties.  Reservations are required, so call our office at 648-1936 to reserve a seat.  Our legislature inPhoenixhas been working diligently this past session on proposing new laws that will directly affect HOA operations.  Come and find out!

President Cluster Meeting 

Every year, we schedule a meeting with the Presidents of the member HOAs to discuss topics of mutual interest.  Past Cluster Meetings have included many topics that HOAs deal with on almost a daily basis.  For example, on the topic of Financial – annual dues amount, special assessment reserves.  For the Board of Directors – number, term, no. of meetings, attendance, CC&Rs, bylaws, legal.  On the subject of Committees – finance, common area, architectural, social.  On Comunications – newsletter, directory, e-mail, GVC.  On volunteers – how to secure them, numbers, successes and failures. On HOA property — trash collection, termite control program, landscapers. This is a round table discussion with an exchange between those in attendance.  This meeting will he held on Wednesday, April 18 in Suite 24 of the Village beginning at 9:00AM.  Seating is limited to 25 persons, so call and make your reservation NOW.  Our telephone number is 648-1936. If you can’t make this meeting, there will be two more meetings scheduled at a later date on this subject.

Arizona Damage Prevention Seminar

Earlier, you received an email on Arizona Damage Prevention Seminar sponsored by Blue Stake, whose membership includes all of the utility companies in Arizona.  The GVC has established a relationship with Blue Stake in dealing with road repairs in our HOAs – particularly those with private streets.  The seminar will include dinner and will be held at the CanoaHillsSocialCenterbeginning at 5:00PM, Thursday, April 5^th.  See the email announcement for further details.

Proposed New HOA Law- Not Good!    

As of this writing, there is a new law being proposed by the Arizona Legislature that, in our opinion, is not in the best interest of our member Homeowner Associations.  If approved by the Governor, it would change the election process that currently exists with HOAs throughoutArizona.  HB2160 would require an “in-person meeting” with written or absentee ballots to elect directors.  This may work well for HOAs with a small number of members, but an HOA with 300 members, more or less (there are quite a few) would be both costly and time consuming.  It adds additional paperwork on the volunteer board and it accomplishes nothing!

A bigger problem however is created.  There is the inclusion in HB2160 of a penalty for intentionally violating the proposed election procedures.  It is a Class 1 misdemeanor and a maximum of six months in jail and a fine of $2500.00 for persons and a potential fine of $20,000 for corporations! If directors of an HOA are subject to this potential liability, it will be impossible to get volunteers to serve on a board. With no volunteers for the board of directors, the end result is a court appointed trustee and a substantial increase in dues.

Since HOAs are corporations, the potential $20,000 fine would also result in an increase in HOA dues.  The GVC Council has written letters of opposition to the Governor and our legislators and we met personally with Senator Antenori and Representative Vogt last week suggesting if this is a problem in certain HOAs, then we recommend that those specific HOAs amend their Covenants, Conditions, & Restrictions to include “in-person” voting with absentee ballots and include or exclude the penalty provision.  HB2160 needs to be defeated if we are to preserve our volunteer-run homeowner associations

If you wish to voice your objection to HB2160, the Governor’s e-mail address and mailing address are:                                           www.azgovernor.gov

Governor Jan Brewer

ArizonaStateCapital

1700 W.Washington

Phoenix,AZ85007-2890

The following are topics that I hope you will find informative and useful in the daily operation of your Association.  I also hope that you will share this letter with the members of your HOA so that they too are kept informed on GVC activities.  If you or any of your members have any questions or comments concerning these topics, please contact the GVC office at 648-1936.  We look forward to your active participation with the Council.

Streets vs. Utilities

Last week, at our request, we met again with representatives of the utilities companies that serve the GreenValleyarea.  If you will recall, we had a similar meeting with these representatives last June to discuss the issue of HOAs re-sealing or repaving their streets only to have a utility company come in shortly thereafter and excavate an area to repair or replace a line or pipe.  The work was done and a patch was left in place that made an eyesore to the residents. To avoid this kind of situation, the utility companies agreed at that time to advise the GVC in advance if any major “capital improvements” (not emergencies) were planned in any of our communities and we in turn would let the utility companies know when any of our member HOAs were planning to resurface or re-seal their streets so as to avoid the problem as stated above.

At the meeting last week, we concluded that the program is working, but not to the extent that we both are fully satisfied.  Some HOAs have not provided the GVC with the name of their representative in charge of streets and some of the utilities have been doing work or “painting the streets” and doing work without notifying the GVC.  In order for this program to be successful all parties must work together.  Again, if you have not provided the GVC with the name of the responsible person, please call our office.  The utility companies will strengthen their requirement in contacting the GVC    Communication is needed by all parties to make this program a success.  Your cooperation is requested.

Age Restriction and your CC&R’s

Every month, the GVC office receives at least one telephone call from a resident in one of our member HOA’s concerning age restriction and that one of the residents may be in violation.  Last April in the President’s Letter, we provided the following regarding age restriction in an HOA:

1. Many of the Green Valley HOAs have CC&R’s that require 100% of the units have at least one person 55 years or older, even though HUD regulations only require 80%.  In this situation, the CC&R’s prevail.
2. There is no age restriction for ownership in an age restricted HOA.
3. A unit which is occupied, even if temporarily vacant while its residents are absent seasonally, or hospitalized, is still occupied by that resident.  If on the other hand, the unit is leased by its owners during the absence, the current occupants, not the owner, are the occupants for the purpose of fulfilling this exemption.  Rental units must be in compliance with the HOA’s CC&R’s.
4. At the death of a qualifying spouse, the CC&R’s should provide for the surviving underage spouse to be able to continue living there.  Here is some suggested language:

Should an occupant 55 years of age or older die and leave the dwelling unit to a surviving spouse or other companion previously residing with the decedent then provided such surviving spouse or the co-habitant is at least 45 years of age and provided at least 80% of the dwelling units shall continue to be occupied by one person of 55 years of age or older, the Association may elect to allow the surviving spouse or co-habitant to remain the occupant of the dwelling unit without violation of these CC&R’s.

1.  Underage children who inherit property may own it, but must comply with the occupancy rules of the HOA.
2. There must be a periodic census.  Perhaps it is the easiest to send the form with the annual billing.  Here is some suggested language:

STATEMENT OF COMPLIANCE

            Property:         Lot No. ______,  (Name of HOA)

            Subject:           Fair Housing Act Compliance

I hereby swear under oath or affirm that I am an occupant of the above referenced dwelling  and that at least one of the occupants of this dwelling is 55 years of age or older at the current time.

            Dated ____________________                                                                                                                                                                                 __________________

                                                                                                            Signature

                                                                                                __________________                                                                                                                                                                                                                                                                        Print Name

1.  Each HOA through its Board has the legal power to take whatever legal steps are necessary to obtain the required census information from each homeowner.
2. All CC&R’s must be uniformly enforced.  Failure to enforce any part could negate the CC&R’s in whole or part.

Green Valley Community Directory

On February 22^nd and 23^rd, the GVC distributed approximately 30,000 Green Valley Community Directories throughout the Greater Green Valley area.  This is a mass undertaking utilizing some 200 volunteers.  Most homeowner association residents should receive their directory within a couple of days following the initial distribution.  One copy of the reverse directory pages will be given to each HOA; however if additional copies are needed they will be available at the GVC office at $5.00 per copy.

The following are topics that I hope you will find informative and useful in the daily operation of your Association.  I also hope that you will share this letter with the members of your HOA so that they too are kept informed on GVC activities.  If you or any of your members have any questions or comments concerning these topics, please contact the GVC office at 648-1936.  We look forward to your active participation with the Council. 

Board of Representatives Meeting – January 

Mark your Calendar!!  Next month, at our Board of Representatives meeting at theDesertHillsSocialCenterthe topic under discussion is WATER!  Our featured speaker(s) KenTaylor, past Chairman of the Community Water Company andBob Hedden, Chairman of Green Valley Water District both are board members of the Upper Santa Cruz/Providers & Users Group (USC/PUG).  They will be providing and overview and update on the Green Valley Area Water Study.  Virgil Davis, current Chairman of Community Water andBob Heddenwill then be presenting a progress report on the proposed merger of the two water utilities. 

As we all know, water, its source and sustainability are extremely important to the residents ofGreenValleynow and into the future.  Plan to attend this important meeting and be informed   

CAI 2012 Educational Conference & Tradeshow 

This year, the Community Association Institute Tradeshow theme is “Come Walk the Red Carpet with CAI and Create an Award-winning Community.”   It will be held on Friday, January 13, 2012 in theTucsonConvention Center(200 S. Church – North Exhibit Hall) from 8:30 AM to 4:00 PM.  It is designed specifically for association managers and staff and community association volunteers serving on a board of directors or a committee.  The tradeshow portion of the event provides the industry’s business partners a venue to inform those in attendance on products and services that directly relate to the industry.  The featured exhibitors offer experience and knowledge in community association lifestyle and governance.  The GVC office has already e-mailed the brochure and registration form to you.  We hope that you or someone from your HOA is planning to attend. 

GVS Chamber of Commerce Business Expo 

This annual event will be held on Saturday, January 21^st from 10:00 AM until 3:00 PM in the Desert Diamond Casino.  Plan to attend.  Admission is free. 

SB 1149 – It is Effective on December 31, 2011 

In the President’s Letter last May, you were advised that a new law – SB1149 had passed the Legislature and was signed by the Governor.   The following is a reminder on the provisions of that new law that goes into effect at the end of this month. 

In summary, it states that the law will create new restrictions on the amounts that can be charged when a home in an HOA is sold (or ownership transferred), It will: 

1. Broaden the class of people who can receive a resale disclosure statement to include the “purchaser’s authorized agent.”
2. Create an extinguishment of lien rights if the association does not provide certain information.
3.  Require a list of all lawsuits (other than assessment collection lawsuits) in which the association is a party and amounts of money claimed.
4. Place a cap of $400 for preparation of a resale disclosure statement and transfer work.
5. Permits a “rush” fee of $100 if the services are required within 72 hours.
6. Permits a $50 update fee if 30 days or more has passed since the original disclosure.
7. Prohibit associations from charging $400 if the fee on January 1, 2010 was less than $400 except the fee can increase no more than 20% per year to the cap.
8. Permits the imposition of a civil penalty of no more than $1,200 for violating the new fee cap requirements.
9. It prohibits the association from charging a fee for the use/placement of for sale signs and would penalize associations for charging such a fee.
10. Explicitly applies to the association’s managing agent as well. 

Upcoming Workshops 

There are two (2) workshops scheduled for January.  They are “Tenants in a Homeowner Association” and “Providers for Rubbish Service in GV.”  Date and location have yet to be established. We will let you know shortly. 

MERRY CHRISTMAS & HAPPY NEW YEAR!

Redistricting Commission

As most of you know, there is currently a controversy with the Arizona Independent Redistricting Commission on the proposed division of the Green Valley and Sahuarita legislative district.  Last month at our Executive Board meeting, it was agreed that we would not take a position as it was considered to be political in nature.  In the past couple of weeks however, the GVC received copies of letters from both the Chamber of Commerce for Green Valley/Sahuarita and from Mayor Duane Blumberg of Sahuarita requesting that both communities be placed within the same legislative district.

At our Executive Board meeting held last week the issue was again brought up for discussion.  It was concluded that the political issues were minor when compared to the common interests that Green Valley and Sahuarita share.  As a result the Board voted to direct the following letter to the Commission:

“We recognize that your Commission is in the process of drawing new legislation and congressional districts that will influence our elected representatives in the State Legislature and in Congress for the next ten (10) years.

Politics aside, the Green Valley Council hereby takes a firm position against the proposed division of the Green Valley and Sahuarita legislative district.  In your decision making process, we urge that members of the Commission take into consideration the common interests of the two (2) communities in their everyday interests and needs.

This is a very close-knit area along the I-19 corridor sharing in the common interests of education, the future concern of an adequate water supply, environmental issues with neighboring mining activity and common economic goals just to name a few.

We support the positions previously conveyed to you by the Town of Sahuarita and the Chamber of Commerce Green Valley/Sahuarita.  Accordingly, the Green Valley Council formally requests that the Redistricting Commission reconsider its position and retain the current alignment of the legislative district to include Green Valley and Sahuarita in the same legislative district.

It is our hope that the Commission will take our request in a positive manner and agree to re-establish the legislative district to include both communities.

Bicycles and the West Frontage Road

Last month when we met with the County Departments, one of the issues discussed was the dangerous combination of autos and bicycles on the West Frontage Road between Continental and the roundabout at Canoa Ranch Road.  This is basically a narrow two-lane road with no shoulder to accommodate a bike lane in either direction.  The speed limit on this road is 50 mph from the roundabout to Encanto and then 40 mph to Continental.  An automobile passing a bicycle rider must allow a separation of at least three (3) feet.  This places the auto in the oncoming lane of traffic and there is a potential for an accident to happen.  We are told that since the West Frontage Road is maintained by the State, bicycles are permitted (golf carts are not!).  We have asked the County to confirm this position as we would like to prohibit bicycles on this section of the road.  It we cannot achieve this goal, then we will request that “Bicycles Beware” signs be placed along the route.  It should be noted that alternative routes (with bicycle lanes) are available along the East Frontage Road and Camino del Sol.

Landscaping Seminar

On December 9^th at 9:00 AM in Suite 24 at the Green Valley Village, the GVC will be holding a landscape seminar, the title of which is “Sustainable Water Management Practices for the Southwest Desert.”  As your HOA prepares your budget for the coming year, this seminar could prove to be a very valuable tool in establishing the line item amount that is probably your number one or number two in terms of cost.  Plan to attend – reservations are required.  Call the office at 648-1936.

A GVC Presentation to your HOA

As we stated last month, the GVC would like to schedule a short 20 minute presentation to your membership –preferably at your annual meeting when more of your members probably attend.  We hear it all the time “Why do we belong to the GVC?  They don’t do anything for us!”  Well, we do and we would like the opportunity to present the history of the GVC, the makeup of the organization and the multitude of services that we offer that make Green Valley the wonderful community it is and the lifestyle that we all enjoy.  Call our office now and make a reservation. We have a number of HOAs that have already called us.  The phone number is 648-1936.  We look forward to hearing from you.

Community Associations Institute (CAI) Educational Conference and Tradeshow

This all-day conference will provide you with current information about association issues.  The break-out sessions will be taught by industry professionals, which will bring practical advice and ideas on the subjects being presented.  Our office will be sending you the Agenda, flyer and registration next week.  The conference will be on January 13, 2012 at the Tucson Convention Center.  Early bird registration (12/15/11) saves $15.

HAPPY THANKSGIVING!

Upcoming Workshops

We have scheduled two workshops this month that we believe will be very beneficial to our HOA members.  They are:

            Newsletter Workshop – This new workshop has a panel of people experienced in putting together newsletters that are both informative and appealing.  One of the members of the panel is Dan Shearer, editor of the Green Valley News & Sun.  If you are looking for new ideas and help in producing your HOA’s newsletter, plan to attend.  This workshop is scheduled for Tuesday, October 25 at 1:30 in Suite 24 here in the Green Valley Village.  A number of HOA members have already signed up so call now 648-1936 to reserve a seat for this new service being offered by the GVC.  We still have room for last minute reservations.

            Volunteer Workshop – Having trouble in finding volunteers within your HOA to participate on your committees and/or your Board?  This workshop was presented for the first time last year and was well attended.  Learn the process on how to approach your neighbors and get them involved in the Association’s activities.  This workshop will be held on Monday, October 31 starting at 9:30 AM in Suite 24 in the Green Valley Village.  Reservations are required so call our office at 648-1936.

Upcoming Forum

The ever-popular Legal Forum conducted by Attorneys Carolyn Goldschmidt and Wendy Ehrlich has been scheduled for Tuesday, November 15 at 1:30.  In the past, this event has been “sold out” due to limited seating.  This year the Forum will be held in the Ocotillo Room in the Las Campanas Social Center. Reservations are required. Call the office at 648-1936 to reserve a seat.

SB 1149 – Transfer Fees

Last May, in the President’s Letter, we provided you with an outline on the new law affecting Transfer Fees.  We thought it might be appropriate to review this law again so as to avoid any penalties that might occur.  This new law:

1. 1.      Broaden the class of people who can receive a resale disclosure statement to include the “purchaser’s authorized agent.”
2. 2.      Create an extinguishment of lien rights if the association does not provide certain documentation.
3. 3.      Require a list of all lawsuits (other than assessment collection lawsuits) in which the association is a party and the amounts of money claimed.
4. 4.      Place a cap of $400 for preparation of a resale disclosure statement and transfer work.
5. 5.      Permit a “rush” fee of $100 if the services are required within 72 hours.
6. 6.      Permit a $50 update fee if 30 days or more has passed since the original disclosure.
7. 7.      Prohibit associations from charging $400 if the fee on January 1, 2010 was less than $400 except the fee can increase no more than 20% per year to the cap.
8. 8.      Permits the imposition of a civil penalty of no more than $1200 for violating the new fee cap requirements.
9. 9.      Explicitly applies to the association’s managing agent as well

If you have questions concerning this law or the other new laws passed by the legislature and signed by the Governor, please give us a call and we will be glad to answer them.

Schedule a Presentation by the GVC to your Membership

From time to time, we hear the comment, “Why do we belong to the GVC?  They don’t do anything for us!”  Earlier in the year, members of the Executive Board made presentations to a number of Homeowner Associations on the history and makeup of the GVC organization together with the services it provides to the membership and the community.  This summer, we have prepared a PowerPoint presentation that gives in greater detail the activities of the GVC.  Our presentation is about 20 minutes in length that includes a question and answer period.  Board members will be contacting you to schedule a presentation either at one of your board meetings or the annual meeting (preferred).  This is an excellent opportunity for the members of your association to become acquainted with the GVC and the services it offers.  If you like, you can call our office (648-1936) to make a reservation.

We Solicit Your Comments and/or Suggestions

The GVC is here to serve you, the members of your association and the Community in general.  If you have questions, comments or suggestions, we would welcome you contacting us.  Members of the Executive Board and Committee Chairs are available to discuss issues that may be affecting your HOA.  Give us a call at 648-1936.  We welcome the opportunity.

Household Hazardous Waste

Save the date!  On October 15^th from 8:00 AM to Noon there will be the semi-annual collection of household hazardous waste.  This event was almost cancelled last year due to County budget constraints.  Through the efforts of the GVC, we were successful with the County Board of Supervisors in keeping the program going.  This time the collection will take place in the parking lot at the Valley Presbyterian Church.   If you have any outdated medications, bring them too!  On this same date, the Sheriff’s office will be holding a Shred-a-thon at 1151 S La Cañada from 9-12:00 noon.  A donation to the Community Food Bank is requested.

More Mistakes HOA Boards Can Make

In my letter to you last month, I pointed out three common mistakes that HOA Boards make during their daily operations, i.e. Increasing HOA Dues, Failure to Enforce the Numerous HOA Regulations and Failure to Listen to the HOA Membership.  There are two other issues that your HOA Board should consider:

Violating Arizona’s Open Meeting Law. Several years ago, the Attorney General issued an opinion that HOAs were exempt from the Open Meeting Law.  That opinion has since changed as under current Arizona law, an HOA, condominiums and planned communities must now give 48 hours written notice to its membership on a pending Board meeting.  In addition, all meetings of the association including regularly scheduled committee meetings are open to all members and they are entitled to speak.  It should be noted that if a quorum of board members get together on a formal or informal basis and discuss any association business, this represents a board meeting.  Also, discussion by conference call or the using of the Internet software can also be considered a formal board meeting.  It is best to avoid this kind of get-together so as to avoid any potential violation of the Arizona law.

Failure to Consider Hiring Advisors. 

In most HOAs, an issue will come up that has an unusual problem and it needs to be solved as it probably affects the entire membership.  Is there someone in the HOA that has had experience with this particular issue?  For example; if the issue is legal in nature, it is quite possible that an attorney living in the HOA might be able to help.  If the attorney’s practice was in real estate, he or she may be able to help solve the problem without the expenditure of HOA funds.  However, if the attorney’s practice was limited to Wills, Trusts, Probate, etc. that person even with a legal background may not be able to offer any assistance.  Just using the services of an HOA member who in their “other life” was an attorney, doesn’t necessary qualify the person as an “expert” in solving the real problem.  Also, if the Board is considering entering into a contract to do work in the HOA’s common area or its streets, make sure to consider hiring an attorney who is knowledgeable in contracts and/or specializes in community associations.  Too many times, a Board will enter into a contract provided by the vendor for work to be performed and a problem occurs resulting in shoddy or incomplete work.  Without a legal review prior to executing the contract, the HOA may be in weak position to have the work completed in a satisfactory manner.  Bottom line, the HOA directors have a fiduciary responsibility to exercise due diligence in caring out their duties to the membership  Trying to save a dollar or two can result in the loss of many dollars!

GVC PowerPoint Presentation

Last June, the Executive Board met in all day session to discuss the many issues that both the Community and the Council are facing almost daily.  Out of this all day “retreat” came a suggestion that we create a PowerPoint program to present to the member and non-menber HOAs in Green Valley about the background of the GVC and the services it provides to the residents and the community.  That program under the direction of Board Member–At-Large Pat Meyers whose background is in marketing is now in the final stages of completion.  The GVC has already made presentations without the PowerPoint software to fifteen HOAs.  It is our intention to contact each and every HOA in Green Valley to schedule a meeting with its members and to present our program.  We are of the opinion that possibly fifty-percent of the Green Valley residents don’t know what the GVC is or what it is doing to maintain and improve the lifestyle of the Community.  If you are interested in hearing our presentation, please give us a call.  The phone number at the office is 648-1936.

Can the GVC Help You? 

If you have a problem or suggestion on how the GVC can help your HOA or the Community, please give us a call. We are open to your comments and they will be appreciated.  Our phone number is 648-1936

HOA Presidents Please Respond

For the past two months, we advised you on our new arrangements with the utility companies and their work on streets within the HOA’s.  The request is that you provide us with the person to contact in your HOA when the utility companies are contemplating doing work in your HOA.  To date, we have received only 17 replies. THIS IS FOR YOUR BENEFIT.  If you have private streets, it may save you money by not scheduling street re-surfacing at the same time a utility company is planning a repair dig on those same streets.  If you have public streets, it will give your residents a warning about potential barricades, etc.  So please call our office (648-1936) and let us know the designated party including telephone number and if applicable, the e-mail address.  Thank you.

Some Mistakes HOA Boards Make

1. Increasing the HOA Dues.  It is pretty common for most HOA Boards to not increase the annual dues so as to avoid being questioned or criticized by their neighbors.  As long as the Annual Budget can be balanced based upon current income and projected expenses, most Boards will not be concerned about the future.  The biggest mistake, however, is not planning for the future, especially if streets belong to the HOA.  This can be compounded if there is a lot of common area within the HOA, some of which may be steep in terrain.  Most HOA’s set up Reserve Accounts in their Budgets covering both their streets and common area, but unfortunately, there is a tendency to ignore these accounts especially if the Board feels they are adequately funded, which in most cases, they are not!  A monsoon can cause untold erosion and other damage to common areas and the cost of repair can, in some cases, be very expensive.  When it comes to the re-surfacing of the HOA’s streets, most Reserve Accounts are grossly under-funded and the end result is a special assessment to the homeowners.  Needless to say, this is not appreciated by anyone in the association.  To avoid this situation, always plan to increase your dues each and every year.  It may be in small increments, but it is better to “pay now – save later” than “save now – pay latter.” Also, keep in mind that a strong HOA financial statement makes your home more saleable to future buyers.
2. Failure to Enforce the Numerous HOA Regulations.  Too many times, HOA Boards will ignore the various documents that affect the operations of their Association.  In some instances they don’t even bother to read any of them.  For many property owners, being a member of an HOA is their first experience and they don’t fully comprehend what they can and can’t do with their property.  In some instances, they are elected by their neighbors to be the HOA Board.  While the CC&Rs are probably the most important operational document, in addition there are the association’s articles of incorporation, its by-laws together with federal and state statues   Each and every board member should have a working knowledge of the numerous regulations that affect their Association.  In the CC&Rs, the two biggest issues facing most Boards are (1) architectural changes and (2) landscaping issues. The Board’s Architectural Committee is probably one of the most important committees in the Association.  Residents have a tendency to make modifications or alterations to their homes once they are settled in and decide changes are needed.  CC&Rs don’t apply to the interior of a home, but they do apply to any changes to the exterior.  If the resident wants to install a trellis or a planter, approval is needed from the HOA.  Without strict adherence to the CC&Rs and maintaining proper records on each home can lead to unsightly conditions, discord among the residents and loss of property value.  Almost constant monitoring of the entire neighborhood is required to insure that the owners are properly maintaining their property.   This is very important with “snowbirds” that reside in the HOA.  A front yard with weeds and overgrown landscaping is an invitation to break-in and theft.  Keeping current on the various State Statues that affect HOAs is also very important.  Failure to enforce or follow the regulations that affect your HOA can result in a lawsuit filed against the Board.  This can result in placing a financial burden on the Association in defending its position that may be weak.
3. Failure to Listen to the HOA Membership.  Too many times HOA Boards make decisions based upon the comments of a few property owners without regard to the community as a whole.  If an issue is brought before the Board for consideration, seek the opinion of the entire membership before making a decision.  Small groups can influence the Board, but their proposal may not be in the best interest of a majority of the membership.  Analyze the proposal carefully keeping in mind that – “Is it best for the Community?”  Many times “the tail wagging the dog” is the wrong decision.

Board of Representatives Meeting Next Month

On Thursday, September 15, we will resume our monthly Board of Representative Meetings at the Desert Hills Social Center beginning at 9:00 AM.  This year we are trying a new format in our presentation that we hope will be more informative.  In the past, our two Vice Presidents have summarized each of the committee reports verbally. This year, each committee report will be included in the handouts you receive at your table.  In their place, we will have one or two HOA representatives tell us about the structure of their homeowner association and present an issue that their association encountered and how they improved/solved it.  In many instances these will be issues that are common to most associations.  We believe that the sharing of information between the associations will be a benefit to everyone, so plan to attend.  We look forward to seeing you there.

HOA Presidents Please Respond

Last month we advised you on our new arrangements with the utility companies and their work on streets within the HOA’s.  If you took the time to read it, we made the request that you provide us with the party to contact when the utility companies are contemplating doing work in your HOA.  To date, we have received only one reply.

Please call our office (648-1936) and let us know the designated party including telephone number and if applicable, the e-mail address.  We also will notify the utility companies with your plans to pave your streets – so they can prevent conflicts.  Notification from you is very important.

Save the Date!

Remembrance and Renewal – On September 11, 2011 at 3:00 pm, in Centennial Hall on the campus of the University of Arizona, the Tucson Chamber Artists, Tucson Symphony Orchestra and UA Presents will present Remembrance and Renewal, A Concert to Commemorate the Tenth Anniversary of September 11, 2001.  The program includes Mozart’s Requiem and the world premiere of a new oratorio commissioned by international acclaimed composer Stephen Paulus.  The GVC is honored to be one of the sponsors of this event.  Plan to attend.  Tickets are available through UA Presents.

Architectural Committee Approval

Last week, the President of a member HOA contacted us to discuss a situation in which he needed our assistance.  It appears that a resident was proposing to enclose his carport and he apparently requested approval from the HOA Architectural Committee.  In his submission, the applicant did not comply with the requirements as set forth in the HOA’s Covenants, Conditions and Restrictions (CC&Rs.)  As a result, the Architectural Committee denied his request.  (It should be noted that other homes in the HOA with the same request have been both approved and denied depending upon their compliance with the CC&Rs.)  In any event, shortly thereafter, the resident proceeded to enclose his carport without Committee approval.  It was assumed that he applied for and received a building permit from the County.  We contacted the County Development Services Department and after discussing the issue with Director Carmine DeBonis, it was determined that no application for a permit had been received or issued for the work performed.  The resident now has two problems facing him – (1) Doing the work without a permit is a violation of the County Building Code and (2) having work performed on his residence after approval was denied by the Architectural Committee of his HOA.  These two violations could result in a monetary fine as well as the removal of work that was performed.  Action on these two violations is pending.  Bottom line – abide to the provisions of your CC&Rs.  They are established for the purpose of maintaining the value of your property and the property of your neighbors.

A Reminder of the Dark Skies Ordinance

In 1989 Pima County passed its first outdoor lighting code ordinance.  It has been amended several times to the current 2006 ordinance. The purpose of this code is to preserve the relationship of the residents of City of Tucson/Pima County to their unique desert environment through protection of access to the dark night sky. Intended outcomes include continuing support of astronomical activity and minimizing wasted energy, while not compromising the safety, security, and well being of persons engaged in outdoor night time activities. It is the intent of this code to control the obtrusive aspects of excessive and careless outdoor lighting usage while preserving, protecting, and enhancing the lawful nighttime use and enjoyment of any and all property. It is recognized that portions of properties may be required to be unlit, covered, or have reduced lighting levels in order to allow enough lumens in the lighted areas to achieve light levels in accordance with nationally recognized recommended practices

The Council reviewed the County’s geographically assigned codes for each subdivision in Green Valley.  You are welcome to call us for the code and its definition that applies to your Homeowner association.  You can also go online for more information about the most recent 2006 Ordinance:  http://www.newrules.org/environment/rules/light-pollution/light-pollution-tucsonpima-county-az .

Basically it explains that your subdivision is responsible to whatever code was in effect when it was built.  Anything before 1989 is grandfathered in.  However when alterations are made, then the current 2006 Ordinance applies.  All exemptions are listed under 103.1.

Big Changes to our Monthly Board of Representatives Meetings

We think it would be most interesting and helpful to our member associations to hear from each association on how it is governed — board of directors… number of residents, communications and successes to share.  We need two HOAs to volunteer to speak for about 10 minutes (we will provide a template) at each of our Board of Representatives meeting beginning at our September 15^th meeting.  Volunteers please call us at 684-1936 or email Sandi at gvccc@qwestoffice.net.