Summer Office Hours

Every year the months of June, July and August are “quiet times” for the GVC Office.  During these months, the Board of Representatives monthly meetings are cancelled; however, some GVC Committees will probably meet and Director Sandi, Deputy Director Susan and Secretary Robin will staff the office 8:00 AM to 5:00 PM Monday through Thursday and 8:00 AM to Noon on Fridays.  This schedule begins on Monday, June 3^rd and ends on Friday, August 30^th.  Remember we will be in our new offices – moving now scheduled for the end of June – located at the old fire station at 555 North La Canada, Suite 117.  Our telephone number remains unchanged at 648-1936.

GVC Foundation

With the reduction in revenue that the GVC receives from the Green Valley Community Directory, besides the increase in dues, a decision was made to establish a charitable foundation.  One year ago this month after a month of preparation, the Council made application to the Internal Revenue Service to form a 501 (c) (3) non-profit corporation, the GVC Foundation.  A considerable amount of time was spent back then under the direction of Green Valley resident Frank Raymond, a retired attorney experienced in the foundation applications in preparing our request.  Almost one year later – May 9^th to be exact – our application was approved!  The GVC Foundation will now be able to apply for grants and accept tax-free donations to offset some of our lost revenue. 

Buffelgrass Committee   

For the past two years, under the direction of Dick Dempsey, past Chair of the GVC Environmental Committee, a program has been established to eradicate Buffelgrass throughout Green Valley.  This grass, highly volatile, is a hazard to every resident and property owner and steps are now being taken to implement the program.  HOAs/POAs and other subdivisions have been inspected and located on a map via GPS. Through the GVC Foundation, a grant is being prepared and if approved, application of the herbicide will start in July when the dormant grass starts to turn green.  This will be a three year program with the help of volunteer Green Valley residents and support by Pima County Parks and Recreation staff.  Please be prepared to help when you and your committee members are notified.

Legislature Update

As most of you know, the State Legislature has over extended its 120 day session to present bills for consideration by both the House and the Senate and then if approved, to the Governor.  As a result, Governor Brewer has given instructions to the Legislature to submit no more bills, but to concentrate on preparing a Budget for her approval.  As a result, it appears that no new or contemplated bills will be coming out of the Legislature that relate to homeowner associations. Two bills have already been approved and signed by the Governor.  They are:

SB1278 – Parking/Towing

            This bill impacts planned communities (HOAs/POAs) and will set forth that an association has no authority over and cannot regulate any roadway for which the ownership has been dedicated to or otherwise held by the County.  This bill will only impact HOA/POAs for which their Declaration is recorded after December 31, 2014.   Comment: This bill will have little or no impact in Green Valley as very few parcels are left to be developed and those that do, have more than 18 months to file their Declaration.

SB1302- Prohibition of Planned Community Requirements

            This bill clarifies the language in ARS 33-1817 of the Planned Community Act that was adopted last year.  It relates to the Architectural Review Committee and Process.    Comment:  If the HOA Architectural Review Committee requires a security deposit in connection with a major remodel by a homeowner, there are restrictive guidelines that the HOA must follow in returning the deposit to the homeowner.  Nothing onerous.

It would appear that all other bills under consideration by the Legislature are no longer progressing  

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/POA 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 GVC.

Summer Office Hours

Every year the months of June, July and August are “quiet times” for the GVC Office.  During these months, the Board of Representatives monthly meetings are cancelled; however, some GVC Committees will probably meet and Director Sandi, Deputy Director Susan and Secretary Robin will staff the office 8:00 AM to 5:00 PM Monday through Thursday and 8:00 AM to Noon on Fridays.  This schedule begins on Monday, June 3^rd and ends on Friday, August 30^th.  Remember we will be in our new offices – moving now scheduled for the end of June – located at the old fire station at 555 North La Canada, Suite 117.  Our telephone number remains unchanged at 648-1936,

GVC Foundation

With the reduction in revenue that the GVC receives from the Green Valley Community Directory, besides the increase in dues, a decision was made to establish a charitable foundation.  One year ago this month after a month of preparation, the Council made application to the Internal Revenue Service to form a 501 (c) (3) non-profit corporation, the GVC Foundation.  A considerable amount of time was spent back then under the direction of Green Valley resident Frank Raymond, a retired attorney experienced in the foundation applications in preparing our request.  Almost one year later – May 9^th to be exact – our application was approved!  The GVC Foundation will now be able to apply for grants and accept tax-free donations to offset some of our lost revenue. 

Buffelgrass Committee   

For the past two years, under the direction of Dick Dempsey, past Chair of the GVC Environmental Committee, a program has been established to eradicate Buffelgrass throughout Green Valley.  This grass, highly volatile, is a hazard to every resident and property owner and steps are now being taken to implement the program.  HOAs/POAs and other subdivisions have been inspected and located on a map via GPS. Through the GVC Foundation, a grant is being prepared and if approved, application of the herbicide will start in July when the dormant grass starts to turn green.  This will be a three year program with the help of volunteer Green Valley residents and support by Pima County Parks and Recreation staff.  Please be prepared to help when you and your committee members are notified. 

Legislature Update

As most of you know, the State Legislature has over extended its 120 day session to present bills for consideration by both the House and the Senate and then if approved, to the Governor.  As a result, Governor Brewer has given instructions to the Legislature to submit no more bills, but to concentrate on preparing a Budget for her approval.  As a result, it appears that no new or contemplated bills will be coming out of the Legislature that relate to homeowner associations. Two bills have already been approved and signed by the Governor.  They are:

            SB1278 – Parking/Towing

           This bill impacts planned communities (HOAs/POAs) and will set forth that an association has no authority over and cannot regulate any roadway for which the ownership has been dedicated to or otherwise held by the County.  This bill will only impact HOA/POAs for which their Declaration is recorded after December 31, 2014.   Comment: This bill will have little or no impact in Green Valley as very few parcels are left to be developed and those that do, have more than 18 months to file their Declaration.

            SB1302- Prohibition of Planned Community Requirements

            This bill clarifies the language in ARS 33-1817 of the Planned Community Act that was adopted last year.  It relates to the Architectural Review Committee and Process.    Comment:  If the HOA Architectural Review Committee requires a security deposit in connection with a major remodel by a homeowner, there are restrictive guidelines that the HOA must follow in returning the deposit to the homeowner.  Nothing onerous.

It would appear that all other bills under consideration by the Legislature are no longer progressing  

 THE STATE LEGISLATURE – UPDATE

Courtesy of Attorney Caroline Goldschmidt of the firm, Monroe, McDonough, Goldschmidt & Molla, here is the current status of bills still under consideration by the legislature’ that could affect planned communities (HOA/POAs and condominiums).  It should be noted that since the legislature meets daily, the status on certain bills can also change daily. 

HB 2371 -  Omnibus Bill – This is a bill  combining a number of House Bills 2474, 2154, 2135, 2237, 2154 and Senate Bill 1365.  This bill is currently awaiting Senate Committee of the Whole.  The Community Association Institute and other stakeholders have been working with the Sponsor on some amended language that will be introduced when the bill gets to the Senate floor.

HB 2292 – Planned Community – Language in this bill states that a planned community shall be limited to the maintenance of community owned property in new developments beginning on January 1, 2014.  It is a bad precedent and is currently in the Senate and has not moved.  This bill is being watched closely as the Community Association Institute together with a number of legislators are opposing the bill.

HB 2536  – Campaign Finance – political signs.  An amendment to this bill on campaign finance added language that a condo association shall not prohibit the indoor or outdoor display of a political sign by a unit owner on that unit owner’s property, including any limited common elements for that unit.  Some condos have extensive limited common elements (like roofs, patios, balconies, stairwells) so this bill, if passed into law could cause problems and confusion.

SB 1278 – Public Roadways – This bill, signed by the Governor, impacts planned communities and will set forth that an association has no authority over and shall not regulate any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity.  However, the bill will only impact planned communities for which the Declaration is recorded after December 31, 2014.  

SB 1302 – Design Review Process.  This bill is on the Governor’s desk and makes clarification to last year’s revision to the Planned Communities Act on architectural review.

It is our understanding that all other House Bills and Senate Bills that were proposed and stated in the February President’s Letter have either died in committee or failed by vote.  You can obtain further information on these bills if desired by going to www.azleg.gov  on the Internet. 

TOWN HALL MEETING

Mark your calendars for Friday, May 3^rd at 10:00 AM.  The Place is Desert Hills Social Center.  Supervisor Ray Carroll will be bringing his staff and County Administrator Chuck Huckelberry together with representatives from the Davis-Monthan Air Force Base.  This will be an opportunity for residents of GreenValley to ask these two gentlemen questions on issues that they are concerned about.  It is open to the public, so plan on attending.  It should be quite informing.

OUR NEW OFFICES

As you know, the GVC will be moving into new offices in the old Fire Station on La Canada.  We are looking forward to the move, but as is usually the case, it will be difficult to carry on our normal business activity that takes place each and every day and still pack up and be working with the movers to make sure everything is moved and properly placed.  Therefore, as we approach moving day – currently scheduled for the end of May, we ask for your patience if you have an issue to discuss with the GVC staff during that time.   As moving day gets closer and confirmed, we will let you know, probably in the next month’s Letter.  Thank you.

A beautiful day for golf, players look ready for action.

The Household Hazardous Waste collection is scheduled for Saturday, March 23rd from 8:00 am until noon at the Valley Presbyterian Church parking lot.
This very important event is brought to the community by the Green Valley Council’s Community Service Committee.   Also available at the same venue are: Dispose a Med, Shredding provided by CareMore and Electronic Recycling.  There will be over 60 volunteers working at this event — we couldn’t do it without them!  [Click here to view or download FLYER]

The 2013 Directories are Here!  Remember that listings in the Directory are totally voluntary.  If you want to be listed in the 2014 Directory, please fill out the application by [clicking here].  What do you think about that great cover??  The Cover Contest Winner this year is Brenda Woollard.  We love the chubby Quail.  We can’t decide if he was puffed up because he was cold or his human friends are feeding him well.

The GVC Environmental committee’s speaker was Sonoran Institute’s, Emily Brott, So. AZ Project Mgr.  Discussion concentrated on their water issue projects, especially their Santa Cruz River Regional Iniative.  One of the take home facts was – in Arizona the river system totals 2% of the land … yet, supports 70% of all wildlife!!

For those of you who missed The State of the Aquifer forum — good news!  On Thursday, April 18 at 1:00 pm at the West Center, the GVC Environmental Committee will be presenting the same presentation delivered by the same experts.  Watch for upcoming details

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 GVC.

YOUR REVISED BYLAWS AND/OR CC&RS

HELP!  Typically at the Annual Meeting of our member HOAs, revised or amended bylaws or CC&Rs are submitted to the membership for approval.  If this has taken place or is to be done, please provide the GVC with a copy.  It is important that we have the most updated documents for your Association.  They can be e-mailed to us at gvccc@qwestoffice.net.  Thank you.

THE STATE LEGISLATURE

Once again, the State Legislature is in session and our Representatives and Senators are busy proposing new bills that, if approved and signed by the Governor will become law.  Nineteen (19) bills affecting HOAs have been presented for consideration by the lawmakers and are currently in committee.  The GVC through its association with the Community Association Institute and several law firms will be monitoring the activity and voicing our support or objection as the case may be.  Here is a brief synopsis on current bills:

HB2092 – Resale Disclosure Fees.  Cannot increase the Fee by more than 3% per year after it reaches a maximum of $400.00.  Comment – We find this acceptable

HB2135 – Voting.  Required to provide for voting by use of electronic mail and facsimile delivery.  After period of control, the declarant cannot hold more than one seat of the board of directors.  Comment – Make it optional as not everyone has a computer.

HB2145 – Agency Authority.  The management company and its officers and employees may lawfully act on behalf of the association and its board of directors on all matters within the scope of the agency agreement.  Comment – No problem.

HB 2154 – Administrative Hearings.  If the petitioner prevails in an administrative hearing for a dispute between an owner and the HOA, the administrative law judge is required to order the respondent to pay any attorney fees reasonably incurred by the petitioner.  Also, if a petition for a hearing in a dispute between owner and the HOA is dismissed at owner’s request before the hearing is held, the filing fee must be returned to the owner.  Comment – Clarify that the prevailing party receives the fee.

HB2155 – Reserve Fund Disclosure.  HOAs are required to include in annual corporate filing as addendum entitled “disclosure regarding reserve fund study.”  The Corporation Commission is required to make it available on its Website.  Comment – This is acceptable.

HB2193 – Foreclosed Properties Maintenance.  HOA may remove trash or repair hazardous structures on foreclosed properties and may file a lien for costs and the property owner is liable.  Comment – This is good and necessary.

HB2274 – HOA Registry. Beginning January 1, 2015 HOAs must register with the Secretary of State instead of recording a notice with County Recorder.  Beginning March 1, 2015, the Secretary of State is required to post this information online that makes it available to the public.  Comment – Totally unnecessary.  Places another burden on the overloaded Secretary of State.

HB2337 – Rental Properties. Owners in an HOA are permitted to rent their property unless prohibited by declaration and to designate a third party to act as agent.  The HOA is prohibited from requiring a copy of the rental agreement or limit or waive tenant’s rights of due process as a condition of occupancy.  The HOA may charge a maximum fee of $25 for each new tenancy.  Comment – Clarify that HOA can obtain tenant’s name, term of lease and acknowledgement that at least one person is 55 years or older in an age-restricted community.

HB2363 – Home Gardening.  HOAs cannot prohibit residents from using any portion of their property as a vegetable garden or other edible plants.  Comment – back yard only.

HB2460 – Master Association Dues.  Members of an “age restricted” community will not have to pay assessments to a master association if several conditions are met.  Comment – If it is not lawfully established.

HB2474 – Limitations on HOA.  The County Planning Dept. is prohibited from requiring a developer to establish a planned community unless the association owns or is liable for certain special features such as a golf course, lake or clubhouse.  No Comment.

HB2626 – Disclosure & CC&R Amendments.  Deleted association’s disclosure obligation.  Sellers must make the required disclosure.  If the seller provides the disclosure documents or if the buyer waivers receipt of those documents, the HOA cannot charge more than $100 for a transfer fee.  The purchase of HOA disclosure documents is prohibited from being a condition of transferring title to a property.  Beginning January 1, 2014, for any revision or amendment to the declaration of any architectural guidelines, the member proposing the change is required to circulate the proposed revisions and obtain the lot owner signatures and provide those signatures to the HOA Board.  Comment – Poorly written and not practical.

HB2636 – Enforcement.  If an HOA member incurs attorney fees in successfully compelling a board to comply with any provision of the community documents or state law, the board members are jointly and severally liable for the fees and the HOA cannot indemnify the board members unless indemnification is approved by a vote of 2/3 or more of the members.  Comment – Submitted last year and failed.  Bad legislation.   

 HB2643 – Limitation & Termination.  Beginning in 2014, the HOA board is required to conduct an election of the membership at least once every 8 years on the question of whether to terminate the HOA.  An HOA is prohibited from imposing a monetary penalty on a member for violations more after than twice each calendar quarter and the penalties cannot exceed the monthly dollar amount of the regular HOA assessments on that property.  The list of items subtracted from Arizona gross income for income tax purposes that include HOA assessments paid.  Comment – Bad legislation and not thought out.  What happens in an HOA with private roads and large common areas to maintain if it terminates?

SB1055 – Process Servers.  A certified process server may enter unannounced in a HOA that is guarded or gated.  Comment – Presented last year and vetoed

SB1277 – Amateur Radio Antennas.  County ordinances and HOA regulations must provide for reasonable heights and dimensions for accommodation of amateur radio station emergency service communications.  Comment – Presented last year and failed.

SB1278 – Public Roadways.  After declarant control, the HOA has no authority over and is prohibited from regulating any County owned roadway.  Applies only to HOAs for which the declaration is recorded after December 31, 2014.  No Comment.

SB1302 – Design Review Process.  Makes a clarifying change to the design review process for HOAs in the event a security deposit is required.  No Comment. 

SB1333 – Elections.  Deletes applicability of HOAs of statutes in Non-Profit Corporations Act that govern annual and regular meetings of corporations.  HOA election must take place at a meeting with the use of in-person voting and absentee ballots.  HOA elections must use secret ballots, provide for independent observers to witness the tallying of ballots and save voted ballots for one year.  HOA board are prohibited from including endorsements for any candidates for election in any official materials circulated, posted or provided by the association.  Comment – Bad legislation, Where do you find “independent observers”?

SB1365 – Prohibition on Requiring HOA in New Developments.  County Planning and Zoning Commissions are prohibited from requiring a developer to construct a planned community as part of a subdivision regulation or zoning ordinance.  Subdividers or developer cannot be penalized because of a lack of a planned community as part of the preliminary plat or specific plan.  Comment – Bad legislation

We welcome your comments!