Illegal Recall Election at Carter Ranch HOA

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  • Tom@CarterRanchHomeowners.com
    Administrator
    • Apr 2016
    • 103

    #1

    Illegal Recall Election at Carter Ranch HOA

    Well, more than 50 homeowners voted in three new members for the Board at the recent election. People with the sense to become advocates for the Carter Ranch Homeowners. Most of all, they are prepared to have a full audit of the financial records.

    As soon as they were elected, Mary Chaira in fear of the audit, declared that there should be a recall election. Arizona law A.R.S. 33-1813 is quite specific about the requirements for a recall election. First and foremost is the requirement for a petition to recall signed by a minimum of 25% of the homeowners. In Carter Ranch, that amounts to 61 homeowner signatures required to initiate a recall.

    With total disregard to the Arizona law, Ms. Chaira took it on her own without even consulting the Board for a vote, to send out letters to homeowners to vote to recall. This is not only outrageous but a total breach of ethics. Of course saying Mary Chaira and ethics in the same breath is an oxymoron.

    As an advocate for Carter ranch, I initiated a formal complaint with the State of Arizona Attorney General's office, Department of real Estate, for their intervention on this illegal recall. It is my understanding that Snow property Management and the Carter Ranch Board of Directors were informed by the Arizona Attorney General's office of the breach of law that is under way, on Monday April 9, 2018.

    This won't mean much to Mary Chaira or the president of the Board, Mr. Lance van Horn as they have been in Contempt of Court with the State of Arizona in the past with total disregard. What it will mean is that there will be an illegal recall election on April 24th and the results will be a waste of time as the election will be declared illegal by the State of Arizona shortly thereafter.

    This is not the first time nor, I suspect will it be the last time, that Ms. Chaira ignores the laws of Arizona to meet her needs. At first, I thought it was ignorance of the law that caused her indiscretions. However, I have come to the conclusion that it is actually total disregard for the law.

  • Tom@CarterRanchHomeowners.com
    Administrator
    • Apr 2016
    • 103

    #2
    Well, we go before the Arizona Court on 20 June to resolve this matter at great expense to the Homeowners of Carter Ranch. I have tried to explain to the Board of Directors of the Carter Ranch HOA that it would save us homeowners a lot of money if only they would follow the law instead of Mary Chaira from Snow Property Management and Chad Gallacher from Maxwell and Morgan, Atty at Law. The current illegal Board of Directors seems to feel that, as it is not completely their money they are spending, they have no problems giving it to the lawyer. Mary Chaira and the lawyer, on the other hand, have no feelings of remorse in accepting the money as they know that they get to keep it whether they win or lose. If we all pull together, we can get this HOA Board of Directors back on legal ground before we end up with an even more serious lawsuit.

    Here are the letters of correspondence with the State of Arizona in the order they occur:

    http://www.CarterRanchHomeowners.com...8-18042_Notice_of_Petition.pdf

    http://www.CarterRanchHomeowners.com...anceNotice.pdf

    http://www.CarterRanchHomeowners.com...rDismissal.pdf

    http://www.CarterRanchHomeowners.com...Petitioner.pdf

    http://www.CarterRanchHomeowners.com...ringNotice.pdf

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    • Tom@CarterRanchHomeowners.com
      Administrator
      • Apr 2016
      • 103

      #3
      Well, the verdict is in and we, the homeowners, won the case against the runaway board and the property manager. To read the whole verdict, click on the PDF.

      The juxt of the verdict is:

      IT IS ORDERED that Petitioner’s petition is granted. Respondent shall be
      required to reinstate Board members Steve Brownell and Trish Brownell.

      IT IS FURTHER ORDERED that Respondent shall reimburse to Petitioner the
      $500.00 single-issue filing fee.

      NOTICE
      Pursuant to A.R.S. §32-2199.02(B), this Order is binding on the parties

      Once again, the lawyer from Maxwell and Morgan was way off base legally when he gave legal advice to the Mr. VanHorn that he had the legal power to order for a recall without the express agreement of at least 25% of the homeowners. Mr. Gallacher should have know and understood the law written expressly for the recall of a member of an HOA board (ARS 33-1813) needed to be followed to LEGALLY recall a member of an HOA board. One of two conclusions are obvious; he either knew that what he was doing was illegal and willfully did it anyhow with complete disregard for the law or he is incompetent. In either case his advice to the HOA has cost the Homeowners of Carter Ranch around $10,000. In my humble opinion, he and Mary Chaira from Snow Property Management are directly responsible for the loss of this $10K and, if our board had any backbone, would be held to reimburse the HOA.
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