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HOA Board Responsibility In Responding to Complaints

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I own a 16 acre parcel in a Arizona development which is governed by an HOA.  Each year the HOA performs road repairs and removes pavement from areas requiring repairs.  I live out of state but when visiting my property during late 2013 I noticed that the association had dumped and spread large chunks of pavement along a 400 foot stretch of roadway directly in front of my property.  The original gravel surface was entirely covered with this material.  In January 2014 I sent a note along with my annual dues payment requesting the association's plan to remove the unsightly material as I was concerned that it would hinder my effort to sell the property as planned during that year.  Shortly thereafter I received an email from the road committee chairman (copied to all members of the board) indicating that he decided to do this and he planned to pulverize the material and then cover it with new gravel, but was resigning from the road committee.  He then said that I would need to confer with the new road committee chairman who was leaving his post as VP of the board. In my email reply (with copies to all members of the board) I indicated my desire to have the new chairman contact me to discuss next steps.  Shortly thereafter the new road committee chairman sent me an email (copied to the board) indicating he had no plans to remove the material and that I would have to live with it.  In 2014 I was forced to drop this issue to tend to the needs of a sick relative and during this entire time nothing was done to correct the problem. As a result I lost 3 for sale by owner sales opportunities with prospects who were dissuaded from the road situation and board inaction. There is no evidence in meeting minutes that the board actually reviewed my original complaint and conferred to both investigate it and provide direction regarding the final response I received.  The road committee charter does not provide for anyone on it to unilaterally decide upon scope of work ("I decided to do this") and control complaint resolution. I can only conclude that the first road committee chairman acted unilaterally and without board approval in deciding to dump this material in the first place.  As well, it appears the second road committee chairman (the outgoing board VP) also acted unilaterally in developing the response I received from him.  This past July, following a second episode of dumping more broken pavement (which I warned the board to not allow again) and  under threat of a lawsuit, I insisted  the board president come to my property to view why I had lost 3 sales prospects and had written replies from 3 experienced agents that said it would be a waste of their time to list my land until the road situation is rectified. One agent told me I had lost at least 25% of the property value due to this situation. This president, who had been copied on all of the mails as noted above, determined the condition they created was "unacceptable" and repairs were completed swiftly.  It seems to me the board breached its fiduciary duty to protect the value of my property and that it did not act reasonably in both investigating and responding to my complaint appropriately and on a timely basis   In support of this, it permitted both committee chairmen to act unilaterally in  executing an inappropriate scope of work that was not authorized by the board.  As well, it permitted the outgoing VP / new road committee chairman to act unilaterally in inappropriately responding to my complaint.  Now the agents are telling me I've missed the window of sales opportunity for the year and need to wait until next spring to list my property.  I am contemplating legal action for damages incurred over a 19 month period but am unsure what type of damages are pursuable and if my case warrants enough damages to justify the expense.  Can anybody offer an opinion on this?     Thank you in advance. 

 

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Now that you've threatened a lawsuit you'd better be willing and able (have the money) to hire a lawyer and do it otherwise the board will know you bluffed and will NEVER remove that stuff.

 

And, by the way, anybody who is wronged by somebody else is required to mitigate his damages in a reasonable manner. Your reasonable option was to pay somebody to haul away that debris and your damages would have been the haul away cost (likely within the AZ small claims limit of $3500). Since you didn't do that, your loss of sales is not compensible nor is your imagined loss of property value.

 

I suggest you hire a removal/haul away company now and then sue for the cost in small claims court which won't cost you much.

 

Make sure you photograph the debris for evidence.

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