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Well, I guess Mary Chaira (Snow Property Services) got another burr under her saddle about little ole me. I am the only person who records the meetings so that we homeowners will have a record of what is ACTUALLY said (like when the board unanimously voted to make the late fee for dues 20 days late, $5 and then actually charge $78 more or less). Ah well, I digress. At last night's meeting, they developed a NEW rule and regulation. This time in an attempt to restrict your ability to have the meeting facts at hand. The video I made has the board referring to the revised Arizona Revised Statute (Revised was typed twice on purpose) 33-1804. They said that, according to this new revised statute (law) they now have the right to do what is written on the attached PDF (Scan0005.pdf). Just a few problems with that. Also attached is the revised statute ARS 33-1804, Revised and passed into law April 28, 2017 from House Bill HB2411. Please note that anything in red is mine. If you wish to read it directly from the Arizona website, go here : http://www.azleg.gov/ars/33/01804.htm .
1. "Any recording shall not be disseminated to members outside the association without the written consent of the Board." If you are a member, you are inside the association. If you are not a member, you are outside the association. Not sure how you can be a member and be outside the association. The ignorance of this Board (actually run by Mary Chaira Snow Property Services) is astounding. Any intelligent HOA Board would have run a document such as this through a reputable lawyer. No authority in the law to give them this power.
2. "No recording of a meeting shall be posted or otherwise made available on the internet without the written consent of the Board." No authority in the law to give them this power.
3. "Homeowners who wish to record or tape the Board Meeting must sign an acknowledgement form BEFORE beginning taping." If you read the ARS 33-1804 that the Board stated, the line that is significant is the one that reads "The Board of Directors of the association SHALL NOT require ADVANCE NOTICE of the audio taping or video taping .....".
The blatant ignorance, arrogance and disrespect of the law is rampant with this board.
Also, last night the President of the Board, Lance vanHorn, made a statement that if anyone in the room wished to speak but not be recorded, all they had to do was make notice and the Board would declare the meeting closed and shut down the recording. Mary Chaira of Snow Property Services has stated several times over the last few years how astute she is with the law. However, the law is really specific as to what constitutes reason for closed meetings. There are 5 and only 5 and a person's desire to not be recorded is not one of the five.
1. Legal advice from an attorney for the board or the association. On final resolution of any matter for which the board received legal advice or that concerned pending or contemplated litigation, the board may disclose information about that matter in an open meeting except for matters that are required to remain confidential by the terms of a settlement agreement or judgment.
2. Pending or contemplated litigation.
3. Personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association.
4. Matters relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.
5. Discussion of a member's appeal of any violation cited or penalty imposed by the association except on request of the affected member that the meeting be held in an open session.
Just for clarification, the attached paper from the HOA (scan0005.pdf) has "PROPOSAL" across the page but the Board voted last night (05-23-2017) and unanimously adopted this paper as written.
scan0005.pdf ARS HB2411 Signed into law by Governor Doug Ducey.pdf
1. "Any recording shall not be disseminated to members outside the association without the written consent of the Board." If you are a member, you are inside the association. If you are not a member, you are outside the association. Not sure how you can be a member and be outside the association. The ignorance of this Board (actually run by Mary Chaira Snow Property Services) is astounding. Any intelligent HOA Board would have run a document such as this through a reputable lawyer. No authority in the law to give them this power.
2. "No recording of a meeting shall be posted or otherwise made available on the internet without the written consent of the Board." No authority in the law to give them this power.
3. "Homeowners who wish to record or tape the Board Meeting must sign an acknowledgement form BEFORE beginning taping." If you read the ARS 33-1804 that the Board stated, the line that is significant is the one that reads "The Board of Directors of the association SHALL NOT require ADVANCE NOTICE of the audio taping or video taping .....".
The blatant ignorance, arrogance and disrespect of the law is rampant with this board.
Also, last night the President of the Board, Lance vanHorn, made a statement that if anyone in the room wished to speak but not be recorded, all they had to do was make notice and the Board would declare the meeting closed and shut down the recording. Mary Chaira of Snow Property Services has stated several times over the last few years how astute she is with the law. However, the law is really specific as to what constitutes reason for closed meetings. There are 5 and only 5 and a person's desire to not be recorded is not one of the five.
1. Legal advice from an attorney for the board or the association. On final resolution of any matter for which the board received legal advice or that concerned pending or contemplated litigation, the board may disclose information about that matter in an open meeting except for matters that are required to remain confidential by the terms of a settlement agreement or judgment.
2. Pending or contemplated litigation.
3. Personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association.
4. Matters relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.
5. Discussion of a member's appeal of any violation cited or penalty imposed by the association except on request of the affected member that the meeting be held in an open session.
Just for clarification, the attached paper from the HOA (scan0005.pdf) has "PROPOSAL" across the page but the Board voted last night (05-23-2017) and unanimously adopted this paper as written.
scan0005.pdf ARS HB2411 Signed into law by Governor Doug Ducey.pdf
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