Sedona Arizona’s Village of Oak Creek Association represents over 2300 homeowners
Sedona AZ (August 16, 2015) – The following is a letter to the SedonaEye.com editor:
Village of Oak Creek Association (VOCA) lot owners must comply with rules and regulations set by the Architectural Review and Restrictions Committee (ARRC). Did you know ARRC has the wide reaching authority to establish rules and restrictions without lot owners’ approval?
The following was stated in the June 2014 ARRC report: “The committee discussed VOCA’s passive or non-proactive approach to restrictions”…“The assumption is that this approach was adopted as a result of the VOCA membership indicating that that was their preference.”
The board message to VOCA lot owners in October 2014 (when a management company was hired): “Increased levels of compliance and enforcement require a change in direction by the board. No changes in this area are currently being contemplated.”
At the July 2015 general meeting, the VOCA board heard recommendations from ARRC. ARRC meeting minutes: “…compliance not be under the ARC Committee, instead as a policy under BOD direction and administered by the Community Manager.”
Board meeting minutes: “Committee recommends a proactive versus reactive approach.” Agreeing with the recommendations, the board “approved a motion to pursue development of a proposal to establish a protocol and process for compliance enforcement.”
Since the board vote to change to a proactive process (CONTRARY to their messages to the lot owners regarding changes under the management company) and remove the authority to levy fines from ARRC and assign that role to the board (CONTRARY to the bylaws), at least one lot owner received a notice to remove weeds where hardly any existed. The deadline for “removal of weeds” is 10 days from the written date of the letter or the lot owner will incur a monetary penalty. The notice was signed by the Community Relations Manager on behalf of the board.
According to the VOCA bylaws, the ARRC is responsible for levying fines NOT the board. In fact, the board is supposed to act in the “right of hearing” role. How can they do both?
What the ARRC Rules and Regulations state:
Article VII: Architectural Review Committee and Restrictions Committee
5. Duties
It shall be the duty of the Committee … to enforce property restrictions in the Master Declaration, Declaration, and Architectural Control Regulations (collectively the “Restrictions”) by levying fines on violators pursuant to a schedule of fines which the Committee shall adopt … and to carry out all other duties imposed on it by the Master Declaration, Declaration, By-Laws, Rules and Regulations.
What the ARRC Rules and Regulations state:
Property Care & Maintenance: First notice 15 to 30 days to comply, Second notice, pre-fine notice (15 to 30 days to comply), Third Notice, initial fine invoice sent (15 days to comply), Fourth notice, subsequent fine invoice for $150.00, placed into monthly fine system.
Notices issued by ARRC for 2014 through June totaled 90. Notices issued by ARRC for 2015 through June totaled 387. No wonder there is an increase since the Finance Committee Meeting Minutes for July 20, 2015 state:
“June 2015 financials were reviewed. Association revenue is below budget in part due to expectations regarding payment of fines.” Is VOCA trying to balance the budget with unreasonable fines controlled by the board?
The opinion: Notices for barely any weeds in a lot with 10 days to comply are unreasonable and not in compliance with the VOCA bylaws nor the ARRC rules and regulations; the VOCA board misled lot owners; the VOCA board should NOT wield power over rules and restrictions; it is an abuse of power to use fines to intimidate homeowners.
What to do about an HOA board that habitually violates by laws and uses unchecked power to intimidate homeowners? Sue or Recall. Or just sit back and let it happen and hope it does not affect you or your property values. What is your risk tolerance?
VOCA Member Alliance
For more information email:
MemberAlliance@use.startmail.com
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If you get a notice without a photo, you have a good reason for an extension on the deadline to act. Write to VOCA and ask for photo proof of the violation of rules and restrictions you are accused of. Use certified mail. If your notice is signed by the board, you have a good case for rejecting it. Write to VOCA and ask for proof that the board has authority to issue notices. The bylaws don’t have that provision for the board. Use certified mail. If the notice has the 10 day deadline, write to VOCA and tell them the ARRC rules allow 15 to 30 days with 3 notices before a fine. Use certified mail. In the opinion of many, the board is over stepping their authority big time.
SEE the Documentation BELOW from the minutes of the ARRC meeting in August. Opinion: We should not be paying MORE for someone to go around and look for violations when we are already paying for outside management. If the management would respond to homeowner complaints, we wouldn’t need to pay for MORE. If neighbors would just talk to neighbors we could self-manage
VOCA: ARCHITECTURAL REVIEW / RESTRICTIONS COMMITTEE
Thursday, August 06, 2015
– Deb (Brewer, Hoamco manager for VOCA) noted that Joe w/ HOAMCO was contracted to complete the entire neighborhood of Fair War Oaks in regards to compliance inspections. It took an entire day to complete the neighborhood and (60) violations were written.
GET YOUR PERMIT or be fined.
See the minutes from the VOCA ARRC meeting. If you don’t get a permit before you paint your house or do any other work that requires a permit, you are gonna get fined!
VOCA: ARCHITECTURAL REVIEW / RESTRICTIONS COMMITTEE
Thursday, August 06, 2015
– Motion to have the VOCA start enforcing fine schedule and policy in regards to work started without approval. The committee voted and all were in favor of the enforcement. (Motion APPROVED)
all of those rules and issues sort of makes me wish we incorporated into the city when we had the chance.
While articles in the news and emails to VOCA members tell of stories about Japan and lack of volunteers for picnic planning, the VOCA board is busy revising board policies and violating bylaws by sending out letters threatening fines and spending thousands of dollars. Board meeting minutes are so vague members have no clue what is going on behind closed doors or even in the open. When even one homeowner feels compelled to sell their home because of a bad HOA board, it is a warning to stop the abuse of power.