Management Company Issue

[bginCastlegate]

What is the name of your state (only U.S. law)? Arizona

I will try to be breif. For the past 3 months I have been working on submitting a petition for a recall vote for our President and Vice-President of our HOA. Our current Management company keeps placing many obsticles in my way. After submitting our petition the Management company stated that we did not provide enough signatures because some of the homeowners are past due on there assessments. Even if this is true, I found an Arizona Statute (which I will post below) that states any member can demand in writting to view and copy the list of entitled voters, the reason why I would need this list would be so that I can not only go to the entitled voters homes to obtain their signatures on the petition but also after the vote make sure all the ballots match up, only the people entitled to vote are counted.

Here is the Statute:
10-3720. Members' list for meeting
A. After fixing a record date for a meeting, a corporation shall prepare an alphabetical list of the names of all of its members who are entitled to notice of the meeting. The list shall show the address and number of votes each member is entitled to vote at the meeting. The corporation shall prepare on a current basis through the time of the membership meeting another list of members, if any, who are entitled to vote at the meeting, but not entitled to notice of the meeting and the corporation shall prepare that list on the same basis and make it a part of the list of members.
B. For the purpose of communication with other members concerning the meeting the corporation shall make the list of members available for inspection by any member at the corporation's principal office or at another place identified in the meeting notice in the city where the meeting will be held. On written demand a member, a member's agent or a member's attorney may inspect and, subject to the limitations of section 10-11602, subsection C, and section 10-11605, may copy the list, during regular business hours and at the member's expense, during the period it is available for inspection.
C. The corporation shall make the list of members available at the meeting, and any member, a member's agent or a member's attorney may inspect the list at any time during the meeting or during any adjournment.
D. If the corporation refuses to allow a member, a member's agent or a member's attorney to inspect the list of members before or at the meeting or copy the list as permitted by subsection B of this section, the court in the county where a corporation's principal office is located, or if no principal office is located in this state, the court in the county where a corporation's known place of business is located, on application of the member, may summarily order the inspection or copying at the corporation's expense and may postpone the meeting for which the list was prepared until the inspection or copying is complete.
E. Refusal or failure to comply with this section does not affect the validity of any action taken at the meeting.
F. The articles of incorporation or bylaws of a corporation organized primarily for religious purposes may limit or abolish the rights of a member under this section to inspect and copy any corporate record.

I made this demand over a week ago in writting.
This past Wednesday night was our monthly meeting and I asked the manager when I would be able to view and copy this list. I was flatly refused. In accordance to the Statute I need to go to court and have the court order this demand.
My question is do I really need an attorney for this? Or can I go to the court house and file something to have my day in court ? Does anyone know what form and what kind of legal action this would be called? I have represented myself on a few occasions but not in this kind of situation. The others were for small claims court.What is the name of your state (only U.S. law)?

 

[tranquility]

Recall? Please. Why don't you do it the democratic way and win the next election?

Here's the deal. Doing odd things can make it convoluted and difficult. It's not going to be any faster, really, and you will be spending your time and effort surmounting obsticales (like from the management company) rather than winning the election.

Do this. Start campainging. A good book is Guerrilla Marketing to start you off. Find some candidates and fight the power.

Info edit:

Just so we're clear, the time it would take for something like this to go through the courts is far, far longer then the next election.

 

[bginCastlegate]

Well first off I started this over 3 months ago. I already have 168 signatures on the petition, of which 60 were tossed out because the owners were behind on their hoa dues, although they have never received a "suspention notice", a few were duplicates and 5 or so were renters. 10% is all that is needed for the vote to happen, I am within 60 more needed in which I could obtain within 2 days if I was able to look at the list of entitled voters, per the AZ Statute. The courts in Pinal County are not that busy that it would take months before I was in court. When I filed on small claims it was a matter of a week. I have had another member that has sent me this link, just in case anyone else has simular issues here is the link. Arizona Office of Administrative Hearings You do not have to sit by and let your HOA and Management company break laws until it is election time.

 

[tranquility]

Fascinating. Continue to tilt at windmills until you win or lose. Or, deal with things in a responsible manner where you have a chance to win. One way is expensive, takes longer then normal and requires the same amount of support (or more). The other is cheaper, has a date certain and can be as successful. You chose.

It seems like you want to play games rather than win. Good luck.

 

[bginCastlegate]

Wow I think you have way too much time on your hands. I could have filled 8 pages and explained the whole story what has been going on in our community. Rather than that I simply asked a simple question. Just a FYI if you do not know the answer to the question you might now want to answer.

 

[tranquility]

Just because you want an answer does not mean you should get the answer you want. However, you will need an attorney. You cannot do it on your own and will probably have a countersuit for your actions. Going to court will take a lot longer, will cost more and will not work if you do it on your own. Many lawsuits on such matters take decades, and that's with lawyers. On your own is a waste of time.

Win an election. Once you or yours are on the board, everything becomes a lot easier. Until then, the board will use your money to defend themselves and have no real disinclination to getting the best attorney possible. They will delay and frustrate you beyond words and, unless there is an underlying criminality, they will have no personal accountability for the acts.

It seems you may be the contentious person who cannot win an election with your whole story which takes 8 pages to describe. If you cannot convince those who actually live there and have a stake in matters enough to have you win an election, you will not win in court. If you want a hobby of suing the HOA, study up. This is not the place for it.