My question involves a condominium located in the State of: Arizona
As stated in Statute ARS 33-1243, the required 10% of homeowners have petitioned for the current Board of Directors to be removed. Some of the votes were on a petition, some came through email, copies of these emails were made and sent with the initial petition, some forwarded after. The property management hired an attorney and he has responded to our efforts stating we don't have enough votes due to some of the petitioners having existing fines on their account and aren't allowed to vote, he also states the email votes are ineligible.
Because this Statute is vague we don't know the parameters and there are several questions regarding it:
Would it depend on our documents to determine whether or not homeowners with fines are allowed to vote in this incident?
Are emails a legitimate form for homeowners to send in their vote?
Is there any way to find out which homeowners are ineligible due to fines so we are able to know how many more votes are needed?
Since we are allowed this one time to remove this board until our annual meeting, can we continue providing additional votes?
Shouldn't the property management company have had the Board Secretary be the one to verify the homeowner votes?
Is there any way the homeowners that wish to remove this Board can make this attorney provide the information we are asking instead of disregarding us?
Thank you for anything you are able to provide to make this Statute more understandable.
As stated in Statute ARS 33-1243, the required 10% of homeowners have petitioned for the current Board of Directors to be removed. Some of the votes were on a petition, some came through email, copies of these emails were made and sent with the initial petition, some forwarded after. The property management hired an attorney and he has responded to our efforts stating we don't have enough votes due to some of the petitioners having existing fines on their account and aren't allowed to vote, he also states the email votes are ineligible.
Because this Statute is vague we don't know the parameters and there are several questions regarding it:
Would it depend on our documents to determine whether or not homeowners with fines are allowed to vote in this incident?
Are emails a legitimate form for homeowners to send in their vote?
Is there any way to find out which homeowners are ineligible due to fines so we are able to know how many more votes are needed?
Since we are allowed this one time to remove this board until our annual meeting, can we continue providing additional votes?
Shouldn't the property management company have had the Board Secretary be the one to verify the homeowner votes?
Is there any way the homeowners that wish to remove this Board can make this attorney provide the information we are asking instead of disregarding us?
Thank you for anything you are able to provide to make this Statute more understandable.
Boards and Associations Ars 33-1243 (Condominiums) Removing Board of Directors
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