DV HOA Meeting


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Most relevant points from last HOA meeting:

-Taxes are going up in Pima County (as shown in the newspaper), and Desert Vista taxes assessment fees are going up too, for the first time since the HOA was established 15 plus years ago. How much? a  five percent increase. The association manager requested an assessment increase to the Board and supported her request by saying other public services had increased such as mail stamps and Tucson Water utility service. A member of the audience corrected the manager by saying Tucson Water does not service Desert Vista (it is Ray Water instead), and also said DV HOA does not irrigate any common property in the neighborhood. The Board approved the assessment increase. The (5%) increase and the HOA resolution are not official yet.

-Pictures were circulated showing a property that has a shed (less than 5 feet from the property line and non matching color) with no block fence wall. There were more pictures of a mattress on the sidewalk. A member of the audience, Steve, (Shirley’s son) offered his truck, his time, and 10 dollars for the city fee to dump the mattress at the Los Reales Landfill himself – just to avoid the violation letters been sent to the homeowner. Steve gave his phone number to Ryan (Board member) and made himself available for future similar situations. A big thank you for Steve!

-Property manager wants to enforce CC&R regulation that says no vehicles should be parked in a place were there is no concrete or asphalt (like my the backyard) unless some type of driveway block is previously approved by the Board members.
– The property manager said in this meeting (and the previous one too) that an illegal association website (the one that you are reading) was still up online. I once again identified myself as the owner of the website and acknowledged receiving a letter from the Association attorney were she asked me to take the website down by mid May. Sorry DV HOA, but I truly believe I am not violating any government regulation for keeping this website up. The fact that DV attorney did not responded when I asked for the specific government law I had violated supports my argument.

DV HOA SUES TWO NEIGHBORS


DV Homeowners Association filled lawsuits in Pima County Superior Court against two Desert Vista neighbors during May and June.

suit

Arizona law allows HOA to seek payment of Homeowners Association (and lawyers) fees once the property owner has been delinquent for one year or in the amount of $1,200, whichever occurs fist. A judgment lien can be imposed on your property only after somebody sues you and wins a money judgment against you. The HOA may take action to foreclose on the property.

Source http://www.azleg.gov, Pima County Public Records,

HOA and Liens


the following article was published by Arizona Daily Star today

Super liens pose perils for home buyers

Could some of the nearly 67 million Americans who live in communities governed by homeowner associations — condominiums, master-planned developments, cooperatives and others — face much tougher underwriting and higher interest rates when they apply for a mortgage?

That is the looming threat from the mortgage industry in areas where state laws give community associations “super-priority” liens on dwellings whose owners have not paid their assessments. Super-priority liens give a community association the power to initiate foreclosures and get first crack at the proceeds from the sale of a delinquent dwelling unit, ahead of the traditional first-lien position held by the mortgage lender. Twenty-two states — Arizona isn’t one of them — currently have authority for super liens on their books, and all 50 states recognize homeowner association liens.

Homeowner associations argue that, like property taxes for local governments, assessments or dues on units fund the essential operations of the community. They are crucial to maintain the community’s buildings, roadways, parks, recreation centers and other amenities.

To ensure that community boards get to collect unpaid assessments, some state legislatures have given them the right to initiate foreclosures, after giving notice to lenders and loan servicers.

Mortgage lenders and servicers say they are sympathetic to associations’ need to collect delinquent assessments, but not at the price of their own collateral interests in mortgaged houses. Last fall, the Nevada Supreme Court ruled that when owners’ associations foreclose on delinquent units after providing notice and giving mortgage holders the opportunity to pay the delinquent assessments, the lender’s lien can be wiped out.

That is unacceptable to the giants of the mortgage market — Fannie Mae and Freddie Mac — and to their conservator, the Federal Housing Finance Agency, which is contesting such foreclosures through litigation.

David Stevens, CEO of the Mortgage Bankers Association, says that in states with super liens that can wipe out lenders’ interests, buyers could face higher loan fees and down payments.

Bottom line: This is likely to be fought out in courts and legislatures but could start affecting mortgage terms and availability in some areas if lenders judge the risks too high.

Arizona’s laws

In most cases in Arizona, once an owner falls behind in payments, the homeowner or community association can obtain a lien on the property.

An HOA or COA may foreclose on its lien in the same manner a mortgage lender can foreclose on a mortgage, but must file a lawsuit to do so.

An association’s lien is prior to all other liens, except these: liens recorded before the declaration of CC&Rs; liens for real estate taxes (and other governmental charges); and a first mortgage recorded prior to the lien arising.

Source: Legal information website nolo.com

Students causing Damage


Many of us living in Desert Vista Estates have been experiencing problems with students who are, during school hours, entering our properties, knocking down and otherwise vandalizing our block walls, starting fires, throwing objects at our homes, breaking windows, looking into our homes and vehicles and generally causing nuisances and disturbances.

When the windows facing my back yard were broken earlier this year, I decided to put up security cameras.

Three or four students in particular have been hanging around the last few houses on White Water Drive, often enough that I recognize them when I happen to be home when they come around.  They usually appear between 9AM and 2PM, and only on weekdays.

On Friday, May 8th, I came home from work and noticed that my block wall, which has progressively been damaged over the last few months, was again attacked at one corner, and many more bricks were broken, missing, or thrown around my yard or down into the wash.

I reviewed my security camera recordings and saw, between the hours of 12 and 1PM, teens wearing backpacks pushing some blocks from the wall into my back yard, lifting blocks over their heads to smash into the wall and the ground, and later hopping over the wall into my yard, pulling blocks down from the inside.  They carried some of the blocks to my back door, but they didn’t cause any noticeable damage to the door this time.  They then loitered in the back yard, walked around to the side gate and then returned to my back door for approximately 15 minutes.  The students later left by jumping over the wall again, presumably because my neighbor arrived home around that time.

On the following Monday, I reached out by phone and email to the principal at Desert View, Mr. Jose Gastelum, and provided him with the photos I had captured.  Below is his response thus far:

 From: Gastelum, Jose (DV) [mailto:JoseG@susd12.org

Sent: Monday, May 11, 2015 8:26 AM

Subject: RE: Photos of vandalism and trespass

 I have received the pictures you sent. I will have our Safe and Orderly team review the pictures to see if we can identify anyone and whether they are students here or not. The pictures are not very clear in terms of getting a close look at their faces, but we will look at the clothing as well to assist us in identifying anyone. I want to make it clear that what we do as a school and what law enforcement does are two different things. We will share our finding if law enforcement if necessary. Thank you.

Below are some details of the photos I sent to Mr. Gastelum.

Trespassing

Three students who caused property damage and entered private property without permission.

 

 

Police reports have been filed, and Mr. Gastelum has agreed to assist us if he can, if these are indeed students from Desert View.  If anyone recognizes these teenagers, please leave a comment and contact the police and/or school.

Should you see any high school-aged children who are not residents of our community loitering in the neighborhood during school hours, please contact the school at (520) 545-5100.  These incidents are the school’s responsibility as both Desert View High School and Sunnyside Unified School District are considered the custodians of each student who has not been duly excused, and as such, are required to provide appropriate supervision.

If a crime is being committed against your property or a neighbor’s property, please contact the police.

Do you want to be heard by the Association?


Some neighbors had expressed their frustration while communicating with the Association. This issue was even brought up during the last Homeowners Association Meeting. One Desert Vista Neighbor complained that she called several times the Association’s office –  just to be put on hold and later get disconnected. I have never experience this problem because I have never spoke with the agent by phone. I had always contacted them by email, but I would not recommend this route either for something important. One time, I sent an email and a fax, but they were not answered :-(.

After reading the contract between Desert Vista Homeowners Association and Lewis Management Resources, I found the following contract clause under “7.- General Administration”

 (a) Files and Rosters. Agent shall maintain records and files of information relative to the administration of the Association and will update the files as circumstances warrant, excluding routine e-mail. Electronic communications such as email or voice mail will not be considered official records of the Association. Such …

So, if you want to contact the Association regarding a violation notice you received, I recommend sending a letter to the DV agent and request hearing by the Board of Directors and the Association’s agent. USPS charges $2.90, if you want to send a letter with signature confirmation.

What are your experiences?

Desert Vista Homeowners meeting April 14 2015


If you did not attended Desert Vista HOA open meeting yesterday, read below for the most relevant:

Weed notice of violation(s) – Board members acknowledge that Desert Vista CC&R does not defines what it is a weed violation. Board Members said everything that is open to interpretation, will be decided them. Diane (Board Member), offered to address weeds complains in their next internal Board members meeting, and possibly relaxing what is consider currently a weed violation at Desert Vista (three inch max height or wide). Nancy (Board Member) reminded everyone that Tucson ordinances had established a recommended six inch maximum height for weeds in Tucson homes.

One Desert Vista neighbor complained about receiving – in the past few months – letters for having a basket ball hoop on her side of the street even though she had the same basket ball hoop at the same place for over two years without any complain from the Tucson police (or anyone else for that matter). Nancy and/or Diane (Board Members) said Associa had been asked by Board Members to enforce our CC&R’s (and what they interpret as a violation) more strictly to improve the appearance/safety of our neighborhood.

New Board members’ elections took place last year and two of the Board members (listed on this website) are no longer in the Board: WILLIAM STEEHLE and DEBORAH BECK, and a new Board Member had join the team: Randy Wayne Foxx. Since we did not received any details (such as roles and starting dates), I will update this website with the four Board Member names once the information is officially registered by the Arizona Corporation Commission.

I had contacted Desert Vista property manager about having two Board Members in our Association even though they are husband/wife and having one single lot in the neighborhood (possibly violating Arizona law ARS 10-2058(E). Their combined vote represents 50 percent of the total Board member’s decision (from a hundred plus lot owners). Desert Vista attorney -Jason Smith – (which was present at the time) said that such law is not applicable in this situation because Desert Vista is not a corporation that produces electricity (as specified by Arizona law). Board member Ryan told me that he and his wife had always encourage Desert Vista residents to attend and run for Board Members, but there has been always lack of participation. It was the first time I attended this HOA meeting, and yes attendance was very low. Diane reminded us Board members do not get any monetary compensation for volunteering and serving in such role.

Click here if you would like to request corrections, got questions or comments.

Desert Vista Architectural Committee – Guideline Request


I recently contacted Desert Vista’s property Manager and requested a list of approved (an disapproved) plants as well as a list of the allowed paint color for our neighborhood.

Unfortunately, there is no such lists.

It is time consuming for Desert Vista residents to find (or guess) a paint color (or plant) that will be acceptable for the Architectural Committee. By having such list, DV residents (and Architectural Committee) will save time and frustration(s).

Every paint store has a catalog of colors and each color has a code. we can produce a list of the allowed colors for our Neighborhood.

Pima County has list of plants recommended for southern Arizona (Credit goes to our property manager).

Architectural Committee: please consider my request.

The Roles & Responsibilities of the Board of Directors


Section 4.05 President. The President shall preside over all meetings of the Board of Directors and Members. He shall sign on behalf of the corporation all agreements and contracts of material importance to the corporation’s business, and shall do and perform all acts and things which the Board of Directors may require of him.

Section 4.06 Vice President. In the event of the President’s absence or inability to act, the Vice President shall have the powers of the President. He shall perform such other duties as the Board of Directors may impose upon him.

Section 4.07 Secretary. The Secretary shall keep (a) the minutes of the corporation, (b) a record giving the names and addresses of the Members, and (c) such other books and records as these By-Laws or any resolution of the directors may require or as required by law. All such records shall be in written form. He shall perform other services as the, Board of Directors may fix or approve.

Section 4.08 Treasurer. The Treasurer shall have the custody and control of ‘the funds of the corporation subject to the action of the Board of Directors, and shall, when’ requested by the President to do so, report the state of the finance of’ the corporation at any meeting of the directors. He shall perform such other services as the Board of Directors may require of him.

(Source: DVE By-Laws)