At the August board meeting, a proposal was reviewed from our landscape contractor to remove the tree stumps from the July storms, and to do irrigation repairs near the tree stumps. But it looks like those stumps are going to be around for awhile longer.
In reviewing the proposal, the management representative said that the prices from the company seemed fair and reasonable, but the board voted to only fix the irrigation issues (estimated at $100 each) — not to remove the stumps (estimated at $250 each). Instead, they want more bids from other companies to possibly save a few bucks.
So if you’ve been enjoying the view of all the tree roots and stumps around the neighborhood, don’t worry — that’s probably not going to change any time soon.
When Will They Decide?
The board asked the management representative to get additional bids, and the board will decide what to do once these are in. The problem is that the next Board Meeting isn’t until late October… since September is the Annual Member Meeting and election of the board.
Of course, if a decision isn’t made until late October, it’ll probably be mid-November before the contracted company gets the work done.
That’s four months after the storms tore them down.
The Board indicated that they would vote by email on the selection of a contractor once the other bids are in. Apparently they’re not aware that “action without a meeting” by HOA Boards is no longer permitted in Arizona.
What Is “Action Without A Meeting”?
There is an Arizona open meeting statute that applies to Homeowner Associations (technically referred to as “Planned Communities”; see the statute at ARS 33-1804). Paragraph F of that section says, in part:
It is the policy of this state […] that all meetings of a planned community […] be conducted openly and that notices and agendas be provided for those meetings that contain the information that is reasonably necessary to inform the members of the matters to be discussed or decided and to ensure that members have the ability to speak after discussion of agenda items, but before a vote of the board of directors or members is taken.
In several rulings from the Arizona Office of Administrative Hearings, judges have penalized HOAs for conducting votes by Email and admonished them to stop doing so.
The Board is supposed to meet to make a decision, and unless it’s an emergency, they have to give the members 48 hours notice before meeting. But they can’t “just vote”!