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Enforce Your Documents With Confidence

Enforce Your Documents With Confidence. #1 – Stick to Your Procedures. Site Inspections Frequency Time of Day Route Treat Houses as Numbers Fine and Appeal Policies Do you have one? Does it need updating? Aggressive vs. Unreasonable . Trivia #1 .

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Enforce Your Documents With Confidence

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  1. Enforce Your Documents With Confidence

  2. #1 – Stick to Your Procedures • Site Inspections • Frequency • Time of Day • Route • Treat Houses as Numbers • Fine and Appeal Policies • Do you have one? Does it need updating? • Aggressive vs. Unreasonable

  3. Trivia #1 • When can a board hear a violation appeal at an open board meeting? • Never • Whenever It Wants • When an Owner Requests It • A & B • B &C

  4. #2 – Document Violations • If A Violation Happens in the Woods and No One is Around to See It – is it a Violation? • Photographs • Video or Audio Recording • Dog Barking or Nuisance • Violation Logs and Notes • Parking, Business Use, Age Restrictions, Rentals, etc. • Require Owners to Report • Help Future Boards

  5. Trivia #2 • You cannot take a photograph of a property if: • Someone Other than the Owner is Outside • Anyone Is Outside • The Garage or Windows are Open • All the Above • None of the Above

  6. #3 – Act Quickly • Statute of Limitations • Timeframe in which an Association Must Bring a Claim • Estoppel • No Exact Timeframe • Failed to Act = Lose Your Right to Bring a Claim • Waiver • Waited Too Long or Failed to Enforce • Judge’s Number One Question???? • As Soon As You Discover It – ACT!

  7. Trivia #3 • The Planned Community Statutes and Condominium Act require an association to send how many notices prior to implementing legal action: • At least One to Provide Ten Days Notice • A Reasonable Amount to Provide Reasonable Notice • A Courtesy and Fine Notice • None

  8. Trivia #3 – part two • If an association sends an owner a notice of violation – How long must an association wait to bring a lawsuit against the offending owner: • 0 Days if the Required Information is Included in the Notice • 10 Days if the Required Information is Included • 10 Days Regardless of What Information the Association Includes in the Notice • Only After an Opportunity to be Heard.

  9. Trivia #3 – Two Bonus Questions • What is the Required Information that an Owner is Entitled to Request from the Association after receiving a Notice of Violation? • After the Association Sends an Owner a Notice of Violation – How Long Must an Owner Wait to File a Lawsuit or DFBLS Complaint?

  10. #4 – Explain/Understand Rationale for Restrictions • Obligation to Enforce • Johnson v. Pointe • Association Liability • Restrictions are not in Place to Punish Owners • Parking Restriction, Architectural Approval, Business Use, Etc. • Don’t Like It, Amend • Can’t – See Number 1 • Property Values

  11. Trivia #4 You are a Board Member or Community Manager for Village San Vistas Ranch HOA. A Channel 12 News reporter wants to interview you regarding a parking situation in the HOA with the Smiths. Their two boys have arrived home after serving in Afghanistan and have been parking in the driveway for four months. This is a violation of the Association’s Restrictions. The Smiths refuse to address it and have hired an attorney.

  12. What questions do you anticipate being asked? • Do you need more information? • What key messages do you want to deliver? • Be prepared and convey a clear message.

  13. #5 – Know Your Miranda Rights • Right to an Attorney • Develop a Strategy • Safe Harbor • May Ultimately Save Money • Know that Anything You Say or Do Can and Will be Used Against You • Apparent Authority vs. Actual Authority • Reasonableness (Tierra Ranchos) • Right to Remain Silent • Answer This Now!

  14. Trivia #5 • A member may obtain copies of my emails from my personal account to other board members: • Through a Records Request • Through a Subpoena in a Lawsuit • From Other Board Members • All the Above • None of the Above

  15. #6 – Know the Law • Case Law • Two Cases • JOHNSON v. POINTE COMMUNITY ASSOCIATION, INC., (205 Ariz. 485 (App. 203)) • TIERRA RANCHOS HOA v. KITCHUKOV, (216 Ariz. 195 (App. 2007)) • Statutes • Planned Community Statutes • Condominium Act • Governing Documents • Judges Interpret Plain Meaning (What He/She Says Goes)

  16. Trivia #6 • A Planned Community cannot prohibit which of the following: • Clothes Lines • Flagpole in Rear Yard • Ham Radio • A Permanent “Children at Play” Sign • All the Above

  17. Trivia #6 – Part 2 • A Condominium may prohibit which of the following: • Satellite Dishes on the Inside of a Balcony • An American Flag in a Unit Window • A Handwritten “Vote for Prop 103” Sign in a Unit Window • Solar Panels • All of the Above

  18. #7 – Know Your Enforcement Tools • Fines • After Notice and Opportunity to be Heard • Self Help • Only if Governing Documents Permit • Injunctive Lawsuit • Court Order Requiring an Owner to Comply • Recover Attorneys’ Fees • Alternative Dispute Resolution • Formal/Informal Mediation, Arbitration, Others?

  19. #8 – Enforcement Mantra COMPLIANCE IS OUR NUMBER ONE GOAL!

  20. Final Thoughts • Stand Your Ground • Enforcement Is Not Easy • An Association’s Business is to Ensure the Look of the Entire Community - Not Just the Common Areas • 95% of Your Members Want You to Enforce the Restrictions

  21. Questions? Have a Great Day!

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