This page serves as an archives for some of the earlier News & Updates of the Save Apache Wells website. For those of you who wish to trace the activities of SAW back to when it first took up the battle against the AWHOA Board of Directors and their allies the AWCC and the now defunct CLRPC this is where you want to be. As more information on our News & Updates Home page is added, older information will be moved to this page. Please note that links to some older news articles may no longer be available due to the fact that newspapers periodically purge their online files.

Hackers nab card data from 200,000 Citi customers
By Pallavi Gogoi and Kelvin Chan
www.azcentral.com

NEW YORK - Citigroup Inc. has become the latest victim in a string of high-profile data thefts by hackers targeting some of the world's best-known companies.

The New York bank said Thursday that about 200,000 Citibank credit-card customers in North America had their names, account numbers and e-mail addresses stolen by hackers who broke into Citi's online account site.

The breach comes after data attacks in recent weeks have struck at companies including Internet search leader Google Inc., defense contractor Lockheed Martin Corp. and media and electronics company Sony Corp.

Citigroup said it discovered that account information for about 1 percent of its credit-card customers had been viewed by hackers. Citi has more than 21 million credit-card customers in North America, according to its 2010 annual report.

The bank, which discovered the problem during routine monitoring, didn't say exactly how many accounts were breached.

The bank said hackers weren't able to gain access to Social Security numbers, birth dates, card- expiration dates or card-security codes. That kind of information often leads to identity theft, where cybercriminals empty bank accounts and apply for multiple credit cards. That can debilitate the finances and credit of victims.

Editor's Note: I recently received a phone call and an email from my bank informing me that they had detected irregular activity on my bank credit card. They informed me that for my protection, I would have to verify this activity before I could continue using my card. I checked my online banking account first and did not see anything unusual. I then called the bank's 1-800 number, talked to a fraud protection representative and cleared up the problem.
WARNING: It is critical that you confirm that any phone calls or emails you receive are indeed from your bank and not some hacker "phishing" for your personal information.

The administrative hearing process for community associations is coming back effective July 20th. It has been more than two years since the Arizona Department of Fire Building & Life Safety (DFBLS) last accepted a homeowner complaint against a community association after our firm obtained an injunction against the state prohibiting the DFBLS from processing any more cases because the law violated the Arizona Constitution. The Arizona Legislature approved SB1148 this spring, which endeavors to repair the defects in the former law they originally passed in 2006. It is "déjà vu all over again", and are you ready for it? We want to remind everyone how the process works, what the potential pitfalls are, and how we think the new process will be different.

Complaints are filed with the DFBLS by either a homeowner or an association, and the complaint must be about a dispute between a homeowner and the association. The DFBLS still does not regulate community associations, and the actual hearing is conducted by the administrative law judges ("ALJs") in the Office of Administrative Hearings ("OAH"), which is a completely separate and independent executive agency of the State.

The statute does not give the DFBLS authority to hear disputes between neighbors or disputes against contractors. Notably, the statute does not mention anything about disputes with management. While we believe it is improper for a complaint to be filed against a management company, if one is filed, it should not be ignored. It should be answered by arguing that the complainant named the wrong party.

Associations need to act quickly when served with a complaint by the DFBLS. Parties have 20 days to submit a response to the complaint, but there is no grace period. This 20 day period can be strictly applied. If you fail to submit a response within that time, you may have a finding entered against you by default. There is no second bite at the apple, and we have no reason to suspect that the DFBLS will be merciful on that point. It is absolutely critical that these complaints be acted upon promptly. As a final note, the 20 days runs from the date the DFBLS mails the complaint by certified mail, not from the date of receipt. Refusal to accept or even failure to receive the certified mail does not appear to be a defense for failing to respond to the complaint.

No one plans to lose a wallet or purse. In fact, most of us keep careful tabs on these items. An ounce of prevention is worth a ton of hassles when it comes to safeguarding sensitive personal information and cards. But sometimes you can't prevent your wallet or purse from getting lost or stolen. If that happens, you can probably kiss off the cash you carried, but here are some tips for minimizing collateral damage.

What to do: Cancel credit and debit cards quickly!
Why do it: On credit cards, you're on the hook for up to $50 in unauthorized transactions, but there's no similar limit with debit cards. You could be liable for $50 in charges if you report a missing debit card within two days. That rises to $500 if you call after two but within 60 days. After that, you could lose all that's stolen. Act promptly, and don't carry around more than one or two cards.

What to do: Notify credit bureaus!
Why do it: Place a fraud alert with Equifax(1-800-525-6285), Experian(1-888-397-3742) or TransUnion(1-800-680-7289). Notifying one firm automatically alerts the others. Alerts require lenders and other third parties to make reasonable efforts to verify your identity before allowing crooks, or you, to open accounts in your name. Alternatively, you might want a credit freeze, which thwarts most attempts to open credit in your name by blocking third-party access to your records. You can temporarily lift a freeze as needed for a modest fee.

What to do: Monitor credit reports!
Why do it: Monitor your credit reports and check for unauthorized activity after a theft. You can get one free report yearly from each of the three credit bureaus at annualcreditreport.com. Pull your reports periodically even if you're not a victim.

Editor's Note: It would be a good idea to jot down this information and keep it in a place where you can access it if, heaven forbid, you ever need it.

PHOENIX - A psychology professor from the College of Southern Nevada said that he has discovered a new anxiety disorder called HOA Syndrome.

If you live in a community with a homeowner's association, you will likely experience some symptoms of anxiety, according to Dr. Gary Solomon.

"You might experience anger, sleeplessness, headaches and emotional problems," said Solomon. "You can even experience a fear of going to the mailbox or living in your own home."

Martin Lantry, of Anthem, said that he was tormented by his HOA for years, and it almost cost him his marriage.

"My wife and I actually separated for a short time over our differences," said Lantry.

Lantry said that he was written up by his association for not cutting his bushes, not fixing a crack in the stucco and leaving a flower tray on his driveway.

Bill gives tea party's favorite flag protection
By Howard Fischer
Capitol Media Services
East Valley Tribune

But in the case of SB1326, it doesn’t mean the British or even King George III.

At the very least, it means homeowner associations. And it may have political implications.

A bill approved by the House and Senate would preclude HOAs or condominium associations from barring residents from flying the Gadsden flag. The move, if approved by Gov. Jan Brewer, would give the black-on-yellow flag with a coiled rattlesnake the same protected status as the U.S. flag, the flags of any branch of the military, the state flag, the POW-MIA flag and the flag of any Indian nation.

Backers say it’s simply a recognition that this was one of the earliest flags used by colonists in the rebellion against the British.

But Democrats see something a little less patriotic — and a little more political.

UPDATE: SB1326 was signed into law by Governor Jan Brewer and will become effective July 20, 2011.

HOA disputes involve attorneys and lawsuits!
By Art Thomason
The Arizona Republic

A judge has temporarily quashed the recent appointment of two homeowner association members at Sunland Village, a Mesa seniors-only enclave with a turbulent history.

Patsy Trejo and Patricia Stein are temporarily restrained from taking seats on the Sunland Villare Community Association board under an order issued by Maricopa County Superior Court Judge Karen Potts.

Trejo and Stein were appointed by three of the association's board members, Allen Tobin, Linda Wagner and Erick Verworst at a special meeting on April 29th to fill two vacant board positions.

Association Attorney Jason Smith said the hastily called meeting where Trejo and Stein were appointed was invalid under the associations rules because no emergency existed. Potts agreed.

"Tobin, Wagner and Verworst simply wanted to place their cronies on the board," Smith alleged in his request for a restraining order.

Potts' ruling is the latest in a barrage of legal wrangling, out-of-court disputes, board member resignations and other behavior that have rocked the community since 2008.

Someday, perhaps after being berated by an angry homeowner, you lean back in your chair, look at the ceiling, and ponder why homeowners associations exist at all. To whom do we owe our gratitude (or, perhaps, the blame) for the existence of homeowners associations?

The concept of restrictive covenants (upon which planned communities and condominiums are based) dates far back into the history of the English common law. Restrictive covenants were originally ways for owners of land to control how the land would be used after it was subdivided. An owner could divide off portions of his farmland and include restrictions on the new owners, such as dictating that the new parcels would never be used for purposes other than farming or residential use, or prohibiting the sale of liquor on the land. This ensured that the original owner, who often continued to reside on a portion of the original parcel, controlled how his new neighbors would use the land. As the restrictive covenants became more specific and detailed, condominiums and planned communities eventually evolved.

For the sake of brevity, moving forward to modern Arizona, you may also wonder why condominiums and planned communities are seemingly everywhere. Condominiums are an easier answer. They provide a means to own a home free from the maintenance headaches of owning a single-family house, and offer an affordable path to homeownership for individuals who are just starting out or have a lower budget. Condominiums exist because the market demands them and they are profitable to build and sell.

The reasons for the proliferation of planned communities are not so obvious, and are based more on local government than on any market forces. Most, if not all, municipalities in Maricopa County require all new development of any real scale to be in the form of a planned community. The cities generally exercise this authority at the time they grant developers permits to subdivide parcels prior to developing them as single-family houses.

The law firm of Carpenter, Hazlewood, Delgado & Wood is offering an Implementation Manual online that explains the changes in HOA statutes passed by the legislature and signed into law by Governor Jan Brewer.

The 2011 legislative session created a number of changes with respect to the way community associations operate in Arizona.

Each bill detailed and explained in the Carpenter Hazlewood Implementation Manual below will become effective on July 20, 2011.
UPDATE: Please note that SB1149 (the resale and transfer fee bill) has a delayed effective date of December 31, 2011, not July 20 like the other bills passed and detailed in the Implementation Manual.

The Arizona Legislature adjourned on April 20. In its last day of action before ending the session, the Legislature went through the night and gave final approval to dozens of bills before adjourning at about 5:30 a.m. Wednesday morning. Governor Brewer has signed six HOA-related bills and one is currently sitting on her desk. She has 10 days to sign into law, veto or do nothing and allow all the bills still on her desk to become law.

HB2245 will permit owners to audio or video record annual membership meetings, special membership meetings, and board of directors meetings that are open to the membership. The board of directors can adopt REASONABLE rules and regulations regarding the recording, but cannot preclude the recording.

HB2609 will (1) open committee meetings to the membership (similar to board meetings), (2) require boards to allow owners to speak once after the board has discussed a specific agenda item at an open board meeting, (3) permit the board to discuss an owner’s appeal of a violation or fine in closed session, unless the owner requests that it be considered in an open meeting, (4) require that the agenda of a board meeting must be made available to the owners in attendance, (5) require that minutes of emergency board meetings (defined as a board meeting to discuss issues and take action that “cannot be delayed until the next regularly scheduled board meeting) must state the reason for the emergency and the minutes must be read and approved at the next regularly scheduled board meeting, (6) permit the board to meet by means of telephone conference IF a speakerphone is available in the meeting room to permit all owners to hear the discussions, and (7) clarify that any gathering of a quorum or more of board members is a “meeting” and must be open to the membership regardless of whether the board takes a vote.

HB2717 is sitting on the Governor’s desk as of April 22, will (if Governor Brewer signs it), prohibit associations from charging a fee for the use or placement of a for sale sign. HB2717 will also create a six-month loss of lien rights penalty against an association that violates an owner’s right to have (1) a for sale sign, (2) a temporary open house sign, an open house during certain hours, or (3) an open house for leasing or a for lease sign.
UPDATE: Governor Brewer signed HB2717 into law on April 27th. Click here to read the provisions under HB2717.

Apache Wells Country Club attempting to get back to par!
By Art Thomason
The Arizona Republic

Losing members amid a sea of competitors, Apache Wells Country Club is reaching out to rebuild its once-thriving registry of golf memberships. The decision comes as golf courses seek patrons amid the Valley's slower population growth and in the aftermath of a historic recession and housing collapse.

"There are more golf courses in the U.S. than McDonald's," said Curt Hudek, executive director of the Southwest Section PGA. "Every golf course has made an adjustment."

Situated in the heart of a seniors-only community, the 6,038-yard Apache Wells course is among six 18-hole links within a five-mile radius in northeast Mesa. Five, including Apache Wells, are community centerpieces and have attracted homebuyers to enclaves like Las Sendas, Alta Mesa, Red Mountain Ranch and Painted Mountain Golf Resort.

"Most golf courses here were built to sell homes," said Robert Brinton, executive director of the Mesa Convention and Visitors Bureau. "That's how we've gotten so many and a lot of them thought the growth would never stop."

Apache Wells Country Club President Harry Lipert said the quest for new members is part of a long-range plan to ensure that the financially-solvent club and golf course remain successful.

The following HOA bills are still active in the Arizona Legislature as of 3/24/11. None of these bills has been passed into law yet. To see the full text of the bill, to verify status, and to get contact information for your legislators to voice your opinion on these bills, go to www.azleg.gov.

Of great interest to homeowners is SB 1148. If it becomes law, disputes against Planned Community and Condominium associations can again be filed with the State Department of Fire, Building and Life Safety and heard by administrative law judges. Rulings by an administrative law judge are subject to judicial review. This bill attempts to overcome legal insufficiencies of former process that was declared unconstitutional by the Maricopa County Superior Court, as affirmed by the Arizona Court of Appeals. Status: Passed the Senate on 02/10/11, and passed House Government Committee and is still pending in House Rules Committee. Sponsor: Senator Biggs.

HOUSE BILLS
HB2140: FIREARMS REGULATION
HB2245: RECORDING BOARD MEETINGS
HB2441: CC&RS AMENDMENTS
HB2545: RENTAL RESTRICTIONS
HB2609: OPEN MEETING LAW
HB2717: MONETARY PENALTIES & ATTORNEY FEES

SENATE BILLS
SB1148: ADMINISTRATIVE HEARINGS FOR DISPUTES
SB1149: DOCUMENT PREPARATION FEES
SB1326: FLAGS & FLAGPOLES
SB1468: CONSTRUCTION DEPOSITS
SB1537: AWNINGS
SB1540: POLITICAL FLYERS & PETITIONS

BILLS THAT WERE INTRODUCED BUT ARE NO LONGER ACTIVE
HB2123: MAINTENANCE OF FORECLOSED PROPERTIES
HB2124: LIMITATION ON FORECLOSURES
HB2142: REGISTRATION OF HOMEOWNERS ASSOCIATIONS
HB2143: HOMEOWNERS' ASSOCIATIONS; SOLAR SCREENS
HB2287: HAM RADIOS
HB2330: REVISIONS TO HOMEOWNERS ASSOCIATION OPEN MEETING LAWS
HB2602: FORECLOSED PROPERTIES IN HOMEOWNERS ASSOCIATIONS
HB2685: REQUIRED WEBSITE
SB1034: PRIVATE EASEMENTS; MAINTENANCE
SB1170: ASSOCIATION CANNOT ENFORCE ITS RESTRICTIONS ON PUBLIC ROADWAYS
SB1299: REVISION OF VIOLATION NOTICE REQUIREMENTS
SB1304: INCREASING ASSESSMENTS
SB1343: TRANSFER FEES

State agency authority rejected in HOA disputes!
By Howard Fischer
Capitol Media Services
Arizona Republic

A law giving a state agency purview to resolve disputes between property owners and their homeowners associations is illegal, the Arizona Court of Appeals has ruled.

The judges said the Legislature never gave the Department of Fire, Building and Life Safety regulatory authority over homeowners associations. In fact, the judges said, lawmakers provided no such oversight by any state agency.

That, they said, makes unconstitutional a 2006 decision by legislators establishing a hearing process to deal with conflicts between homeowners associations and the governing boards of their planned communities.

Unless overturned by the Arizona Supreme Court, or unless the problem is fixed by the Legislature, the ruling leaves no administrative-review process for such disputes. That makes filing a lawsuit - a far more expensive process - as the only remaining option.

This dispute involves Chris Gelb, who began building a home in 2005 in the Sedona Casa Contenta subdivision.

UPDATE: AZ Supreme Court to decide whether to hear HOA adjudication appeal.‏ Posted 3/24/11. The conference is not open to the public, but minutes will be posted.
Arizona Supreme Court [ Id: 3159 ]
Agenda
Petitions for Review
Tuesday, April 19, 2011 9:30 AM
CV-10-0371-PR GELB v DEPT OF FIRE BUILDING AND LIFE/SEDONA CASA
(19) Court of Appeals Division One 1 CA-CV 09-0744
30-Nov-2010 Appellant's Petition for Review [Gelb]

Editor's Note: Hopefully, the Arizona Supreme Court will decide to hear the HOA adjudication appeal and rule that the Office of Administrative Hearings (OAH) and its Administrative Law Judges (ALJs) may once again be able to rule on disputes between residents and their HOAs and most importantly at an affordable price.

UPDATE: SB 1148 is finally to be heard in the Legislature's Rules Committee tomorrow April 5, 2011. This is an important step in placing this bill on the road to becoming an Arizona Statute.
What is the function of the Legislature's Rules Committee? When a bill is reported out of one of the other legislative committees, it does not go straight to the House floor, because the House, unlike the Senate, does not have unlimited debate and discussion on a bill. Instead, what may be said and done to a bill is strictly limited. This limitation is performed by the Rules Committee. Technically, when a bill is reported out of another committee with legislative jurisdiction, it is placed on the appropriate House Calendar for debate. Common practice, though, is for bills reported from committees to be considered in the Rules Committee, which will decide for how long and under what rules the full body will debate the proposition. 040411

UPDATE: SB 1148 passes 59-0-1. OAH is back! Bill will be returned to the Senate and then sent on to the Governor for her signature which will reestablish the OAH/ALJ option for homeowners who have disputes with their HOAs. 041211

QUESTION: Can a Board be sued for not enforcing its Declaration of Covenants, Conditions and Restrictions (CC&Rs), Design Guidelines or other Rules and Regulations?

ANSWER: Yes, but one should consult with a qualified Arizona HOA attorney before jumping to conclusions. In Arizona, a board owes a duty to its members to enforce the community documents. More specifically, the board of directors owes a duty to the members to act reasonably in its enforcement, rule-making and other powers. Members elect a board to serve as the "executive" if you will. The individual directors are almost always *protected from personal liability.

Enforcement may be sufficient even though some think it is not. For example, the documents cannot be enforced against the disabled when the enforcement would cause the association to discriminate against the disabled in violation of the Fair Housing Act. Enforcement is usually not proper when it is being done in an unfair manner (i.e. allowing one person to park their RV, but not allowing another person to do the same). Other facts may prohibit enforcement as well. In summary, anyone contemplating a lawsuit should exhaust all other alternatives and should consult with a qualified attorney practicing in this area of law.

Authored by Clint G. Goodman
Attorney with Goodman Law Offices
1423 S. Higley Road, Suite 112
Mesa, AZ 85206
(480) 331-FIRM

Editor's Note: *Members of the AWHOA Board of Directors are protected from personal liability under ARTICLE VII INDEMNIFICATION of our Bylaws on P. 16 of the 2011 AWHOA Phone Book.

Gas prices are about more than just oil!
Variety of factors play into cost at the pump
By Jonathan Fahey
THE ASSOCIATED PRESS

When Jay Ricker, owner of the BP gas station off Interstate 70 in Plainfield, Ind., set the price of unleaded gasoline at $3.44 per gallon on Monday of last week, it was 4 cents higher than the Friday before. That alone might have been irritating to drivers paying the highest gas prices in more than two years. It was even more so because it happened on a day when the price of crude oil, which is used to make gasoline, fell almost $1 a barrel. "It’s up 20 cents one day, down 10 cents the next day," says Oscar Elmore, a courier who was filling up his Ford Taurus at a RaceTrac service station in Dallas recently. "It sounds kinda fishy to me." Gas prices rise when oil prices rise, and fall when oil prices fall — except when they don’t. What you pay at your gas station depends on an array of factors, from what happens on an exchange in New York to what the competition is charging. This can rankle drivers, especially these days. Gas reached a national average of $3.51 a gallon on Monday. That’s up 14 cents, or 4 percent, over the past week. The week before, the average rose 20 cents, the steepest increase since September 2008.

Private data such as credit card numbers, for example, can go public quickly from your corner coffee shop. Here's what you need to know to keep yourself safer.

If you use a free Wi-Fi connection in an airport, café, hotel or some other public space, you may be taking a big risk with your credit card information and other types of important data.

About one in five people who surf the Internet have used free, public wireless Internet connections (or Wi-Fi), according to JiWire, a San Francisco company that directs advertising toward Wi-Fi users. In doing so, they were taking a chance, whether they realized it or not, that their computers wouldn't be hacked and their identities stolen by another person sharing the same connection. Experts say that's because anything that you do while you're connected is less secure than when you're logged in at your home or office.

While most merchants, banks and credit card companies encrypt their websites so they are more secure than e-mail and social networks, hackers can potentially use "cookies" from your e-mail and social network sites to steal any credit card or other personal data. That's a serious vulnerability for lots of people, but it's one that many busy consumers are willing to live with.

"The speed of technology has far outpaced the security of the technology," said Robert Siciliano, the CEO of IDTheftSecurity.com. "What this boils down to is convenience. We forgo security for convenience, because we say we don't want to spend an entire Saturday in the office or on a wired connection at home. So we would rather risk a little bit to get a little bit."

New Case Law Analysis!
College Book Center v. Carefree Foothills HOA
By Joshua M. Bolen, Esq.
Carpenter Hazlewood Law Firm

In a new case, College Book Centers v. Carefree Foothills Homeowners Association, the Arizona Court of Appeals tackled the issue of whether an association waives its right to enforce a covenant restriction by allowing similar violations. Waiver is typically a defense raised in a homeowner association's action to enforce its restrictions. Essentially, it is the "my neighbor has one so I get to have one" defense.

In College Book Centers, a property owner brought an action against a homeowners association seeking an order from the Court declaring that the association waived its restriction prohibiting non-residential structures on a lot. The owner argued that by allowing two similar violations, one in 1984 and the other in 1987, the association had waived its right to enforce this provision. The Court of Appeals disagreed.

12 proposed bills would impact HOA rules!
By Alia Beard Rau
The Arizona Republic

Arizona lawmakers this session have proposed a dozen bills that would impact HOA rules and procedures. They include:

House Bill 2330: Places various restrictions on an HOA's ability to have closed-door meetings, including requiring that all regularly scheduled committee meetings be open to all HOA members and that the board of directors disclose publicly any decisions to join a lawsuit.
Sponsor: Rep. Jack Harper, R-Surprise.
Status: Referred to House Government Committee.

Senate Bill 1149: Requires an HOA to either provide free electronic versions of bylaws and other related documents or to charge no more than 10 cents a page for the documents. It also forbids an HOA from charging a fee to allow someone to display a for-sale sign.
Sponsor: Sen. Andy Biggs, R-Gilbert.
Status: Passed Senate Government Reform Committee, goes to a vote of the full Senate.

Editor's Note: This is a follow-up to our January 31st posting of the proposed SB 1148. It is important for HOA members to contact their legislators in support or opposition to these proposed bills.

The 1950s was the decade that began on January 1, 1950 and ended on December 31, 1959. By its end, the world had largely recovered from World War II and the Cold War developed from its modest beginning in the late 1940s to a hot competition between the United States and the Soviet Union by the beginning of the 1960s. Clashes between communism and capitalism dominated the decade, especially in the Northern Hemisphere. The conflicts included the Korean War and the beginning of the Space Race with the launch of Sputnik I. Along with increased testing of nuclear weapons, this created a politically conservative climate. In the United States, the Red Scare caused public Congressional hearings by both houses in Congress and Anti-Communism was the prevailing sentiment in the United States throughout the decade and led the country to intervene in the Korean War and later the Vietnam War.

The 1960s was the decade that started on January 1, 1960, and ended on December 31, 1969. In the United States, "The Sixties", was used to describe the counterculture and social revolution near the end of the decade; and to describe the era as one of irresponsible excess and flamboyance. The decade was also labeled the Swinging Sixties because of the fall or relaxation of some social taboos especially relating to sexism and racism that occurred during this time. The 60's have become synonymous with all the new, exciting, radical, and subversive events and trends of the period, which continued to develop in the 1970s and beyond.

In 2006 the Arizona Legislature passed HB 2824, which allowed homeowners to take their grievances before an Administrative Law Judge for a modest fee. The law was later ruled unconstitutional on appeal by the courts because the legislature had never given the Department of Fire, Building and Life Safety authority over homeowner associations.

A new bill, SB 1148, seeks to restore OAH adjudication of HOA disputes by overcoming the objections of the appellate court ruling in Gelb v. DFBLS and restore due process protections for homeowners in HOAs. The intent of this legislation is to protect the consumer who buys a home in an HOA.

Rational for passing SB 1148:
___ 1. The DFBLS has exercised substantial responsibility for many years in the enforcement and application of state laws and private contracts that regulate the relationships between those who reside in and those who control certain types of common housing, namely, mobile home park residential communities.
___ 2. The legislature has determined that while the direct licensure of mobile home parks and their owners may not have been necessary, the regulation of their private, legal relationships with their tenants has been and continues to be an important consumer protection function of the DFBLS and that department has developed considerable expertise in interpreting, enforcing and applying the statutes relating to these mobile home communities and in interpreting, applying and enforcing the terms of the leases, rules and other documents that regulate the relationship between the residents of the mobile home parks and the owners and managers of those parks, and doing so in a cost-effective manner for the residents.
___3. The legislature further determines and finds that while direct licensure and regulation of condominiums and planned communities may not be necessary at this time, the legislature has repeatedly found over the years that owners in condominiums and planned communities are frequently subjected to inconsistent, unreasonable and often unlawful enforcement and application of the declarations, rules and bylaws that govern their communities, their managers and their boards of directors, and owners are often unable to afford the cost of formally litigating their disputes in the superior court.
___ 4. The legislature further finds that the continuing use of the existing hearing officer function in the DFBLS will provide for an efficient use of already-established common interest community expertise at this agency, will provide an important consumer protection for owners in condominiums and planned communities and will efficiently and effectively provide for resolution of these common interest community disputes without the expense, formality and difficulty of requiring a trial in the superior court in every instance, and will do so without the cost and bureaucratic complexity of creating an entirely new administrative body to perform these important functions, while still maintaining the ability and right to recourse in the superior court, and without threat to the core functions of the judiciary.

UPDATE (2/2/11): We learned today that the the Arizona Supreme Court has accepted homeowner advocate George K. Staropoli's amicus curiae brief in support of constitutionality of the DFBLS/OAH due process statutes (Gelb v. DFBLS, CV 10-0371-PR). The Court has yet to decide if it will hear the Petition from the homeowner. Neither party objected to the brief. Staropoli's brief presented background facts and arguments in an effort to assist the Court in understanding the disgraceful state of affairs with HOAs. Responses to his brief, if any, are due within 20 days. Hopefully the Supreme Court will eventually rule in favor of residents living in HOAs and the OAH/ALJ dispute-resolution option will again be available to them.

UPDATE (2/13/11): SB 1148, Arizona's effort to restore independent adjudication of HOA disputes, passed the Senate 28-1-1, and was sent on to the House. Congratulations to Senator Andy Biggs and all senators voting for justice for homeowners.

UPDATE (2/19/11): SB 1148 has not yet been assigned to a committee in the House. A week has gone by since it was passed by the Senate. We must remain vigilant if we want to see the return of affordable adjudication on homeowner issues thru the Office of Administrative Hearings. Contact your legislators today and ask for their support on this important bill. District 19 (Apache Wells) is represented by Senator Rich Crandall and Representative Kirk Adams. Click here to send them an email.

How to Gain the Trust and Support of the Homeowners
By Clint G. Goodman, Attorney at Law
www.hoainstitute.com

There is great wisdom in the oft-quoted saying from the Greek philosopher Epictetus (AD 55-135), who stated, "We have two ears and one mouth so that we can listen twice as much as we speak." This quote represents a perfect approach for Arizona HOA directors in working with homeowners. The ability to listen and accept a good idea is paramount to gaining the support of the homeowners. Any successful business will tell you that this "customer-centric" approach is one of the keys to success.

In addition to listening and being open to suggestions, communication back to the homeowners is of paramount importance as well. Another saying that has been more recently coined, but should be given equal consideration is "Transparency, transparency, transparency." The homeowners want to know what is going on in their association. They want to know such things as how much money is being spent to maintain the common areas and how much money is being spent on attorneys, CPAs and the like. Give them the records (non-privileged records) when they ask for them. Be honest with the community. Tell them the problems that plague your community. You will be surprised and pleased with the response you get. The trust and support you gain from open communication will be well worth any efforts you put forth to accomplish this.

Authored by:
Clint G. Goodman, Attorney at Law
Goodman Law Offices
1423 S. Higley Rd., Suite 112
Mesa, AZ 85206
(480) 331-FIRM

We love our trees in Arizona. Aside from adding some pleasant color to an otherwise brown view in our desert environment, trees provide welcomed shade from the hot Arizona sun. But trees can also be the subject of dispute when their roots or branches grow into neighboring property, or when leaves and flowers blow into pools.

Many disputes involving trees are purely neighbor-to-neighbor issues, requiring little to no action by a community association. Inevitably, however, associations see their share of issues as well. Perhaps the dispute involves an association-owned tree that is dropping leaves into a nearby owner's pool. Or an association member's tree has roots that are causing the association-owned sidewalk to buckle and crack.

According to a 1985 Arizona Court of Appeals case, Cannon v. Dunn, 145 Ariz. 115, 700 P.2d 502 (Ct.App. 1985), a landowner may cut off offending branches or roots at his property line, regardless of whether the plant is poisonous or non-poisonous. No notice is required for this self-help remedy. Ultimately, the courts in Arizona place the burden on the offended property owner to "protect" him or herself from protruding roots or branches. However, there is no right to trespass on the tree owner's land (or airspace) to accomplish the self-help remedy. Going on the other person's property would require permission. Likewise, the owner with the tree overhanging has no right to go onto the other owner's property to cure the "trespass" created by the offending tree.

There are other potential rights. When courts have examined the issue of liability for damages or other legal or equitable relief, they have generally held that the offended property owner has no cause of action unless there is some "sensible injury." There is not much guidance on what "sensible injury" is or is not. Some cases have held that actual damage to a person or property other than plant life is sufficient. While other cases have held a more conservative view in which offended owners essentially have no cause of action and can only exercise self-help – cut the tree limbs and roots at the property line.

In the end, if an association is observing tree branches or roots that are "trespassing" on association property and could cause damage, the association can exercise self-help and cut off the offending branches or roots at the moment they exist on the association's property. It is very important, however, not to enter onto property not owned by the association to exercise self-help without permission of the owner. It is also very important not to cut any part of the tree that has not crossed over the association's property line.

If the landowner with the problem trees is a municipality, rather than a typical homeowner neighbor, be sure to check with the applicable city/town. For instance, Section 34-15 of the Code of the City of Phoenix makes it unlawful to cut, trim or interfere with any trees or shrubbery on the City's property. To do anything, you must contact the City Forester first.

Tips for New HOA Board Members!
Source: A guide to HOA Management
HOAleader.com

There's no shame in making mistakes. We've all made them when we've tried something new. There is shame, however, if you refuse to correct the error of your ways.

Here is a list of the nine most common mistakes new board members make with some tips for turning those mistakes into successes.

Mistake # 1. Not learning how your association works
Too many new board members try to wing it when they join the board. New board members need to learn about the association. They should get their officers to give them an overview of their roles and responsibilities and the management plan in existence for the association. As soon as a new board takes over, its members should sit down with the officers and do a new-member orientation.

Mistake #2. Doing more than you're permitted to do
Your authority as a board member stems from your association's governing documents. If it's not in the governing documents, you can't do it. Some new board members try to do things outside the board’s authority. They're very enthusiastic, and they want to take care of issues they care about. For example, a hot-button issue could be parking. But if there's nothing in the governing documents about regulating parking or your association has public streets, there's little the board can do to regulate parking.

Mistake #3. Changing the character of the association
One of the most egregious mistakes new board members can make is coming into office and attempting to change the lifestyle the membership expects the association to provide. Maybe a new board enters in a cost-saving mode, not that they shouldn't try to save money, but be careful about changing the lifestyle that owners expected when they moved into the community without first consulting with them.

Bullying a problem at Chandler retirement community!
By Cathryn Creno
The Arizona Republic

Doris Lor says it wasn't until she reached her 70s that she understood what it's like to be bullied.

The 76-year-old retired secretary has lived in New York, California and a couple of parts of the Valley, and said she always found her neighbors friendly and felt welcomed in crafts clubs and community groups - until she moved into an age-restricted retirement community in Chandler.

That's when she encountered her first bullies, and her social life took a dramatic turn for the worse.

"There is a clique here that is meaner than mean," Lor said. "The first time I went to the recreation center, a man yelled at me, 'This is a private club. You aren't welcome here.' "

Social workers, recreation-center officials and others who work with the elderly say the problem Lor describes is getting more common as the retirement population increases and more people enter care homes and retirement centers.

Melanie Starns, an assistant Arizona Department of Economic Security director overseeing the Aging and Adult Services Division, said her staff often hears stories about bullying, but they do not keep statistics on them.

SPECIAL BOARD MEETING
WHEN: Thursday, December 23, 2010
TIME: 8:30AM
WHERE: Moved to Room A/C
PURPOSE:
1. Bid approval for Hughes Building (Real Estate Building)
2. Mural for Room A

UPDATE: The former Apache Wells Realty Building has been purchased by the AWHOA for $300,000. The contract was signed on Friday December 24th and the closing will be in March 2011. Possible uses for the building have not been announced. Residents are encouraged to offer suggestions.

Take a look at your driver's license. OK, ignore that goofy picture on the front.

On the back, there's a blotchy thing that looks like a cross between a bar code and a bad case of the measles, except that the measles are black. Turns out that's a bunch of digital information about you, your driving record and other matters that may be of interest to the police.

Using a new computer system that the City Council agreed recently to buy with $150,000 in state grant money, officers will be able to scan that information as part of a paperless traffic-citation system. It will replace the old setup in which officers produce four copies of a manually written ticket. A data-entry clerk then had to punch it all into a computer, providing what the police officer wrote was legible.

With the new technology, the officer will scan your driver's license while standing next to your car. Then, the officer will click menu buttons on a hand-held computer device detailing which offenses you are facing. When that's done, you'll sign the screen with a stylus, the way you do at some retail stores. The data goes back to the cop shop, and you get a paper copy - perhaps the only one that will ever exist - on the spot.

In addition to saving paper, Alex Deshuk, Mesa's technology chief, said the system will be good for officers because they won't be on the street as long during traffic stops. "There's a whole slew of benefits from the efficiencies in the workflow to enhancing officer safety," he said.

Sunland HOA orders members to pay for legal questions!
By Art Thomason
The Arizona Republic

Last summer, two east Mesa women questioned their homeowners association board about some of its actions, including a $5,500 expenditure to create a charitable foundation to accept tax-deductible donations.

But Pat Haruff and Barbara Worbington said they got nowhere with their queries and believed that the board was not acting within the best interests of the association's members.

Now, the Sunland Village Community Association (SVCA) is demanding that they pay $4,867.50 to cover the legal costs the board ran up answering their grievances.

"We trust that your clients now fully understand their mistakes and misunderstandings that caused them to assert the baseless claims," HOA attorney Jason Smith said in a letter to the women's attorney. "If they had followed the procedure of notifying the association of their complaints before rushing to an attorney's office, all of the expenses could have been avoided."

Haruff and Worbington called Smith's assertion "outrageous" and said they confronted the association's board of directors several times before consulting the attorney.

Their attorney, Stewart Gross, described the claim as "pure intimidation" and said it may be the first of its type used by an HOA to silence critics who merely question an association's elected leaders.

Stewart F. Gross is an attorney with Cheifetz, Iannitelli, Marcolini, P.C.
Jason E. Smith is an attorney with Carpenter Hazlewood P.L.C.

Mail-in ballots are ballots completed by the membership and returned to the association by U.S. Mail to be tallied with in-person ballots cast at the meeting called for that purpose. Arizona statutes require that all voting be conducted by in-person ballots and absentee ballots. The association can provide for other reasonable forms of delivery.

Absentee ballots are absentee ballots because they are cast by the person without needing to be physically present at the meeting called for that purpose. Hence the word "absentee". And, because they are generally "mailed" back to the association to be counted, they are sometimes also referred to as mail-in ballots.

Absentee ballots, however, are subject to very strict requirements. Those requirements are outlined in the statutes; ARS 33-1250 for Condominiums and ARS 33-1812 for Planned Communities.

Authored by:
Clint G. Goodman
Attorney with Goodman Law Offices
1423 S. Higley Road, Suite 112
Mesa, AZ 85206
480-365-9193

Scottsdale, AZ - A popular option to help settle homeowners association disputes has been ruled unconstitutional by the Arizona Court of Appeals.

In 2006, Arizona state lawmakers set up a system to help homeowners resolve differences with their HOA. For $500 homeowners could have an informal hearing with the Department of Fire, Building and Life Safety.

Last month, the Arizona Court of Appeals upheld a lower court ruling, which determined that the process was illegal, since the legislature never gave the state agency regulatory authority over homeowners associations.

"The legal structure of an HOA is a business structure," said Scottsdale homeowner George Staropoli. "When did you see a business called a democracy?" Staropoli is one of many frustrated homeowners across the Valley who no longer have a reasonable course of action to fight back against their HOAs, when they have a dispute," said Staropoli.

However, HOA attorney Penny Koepke said that she does not think the recent Appeals Court ruling will hurt homeowners. According to Koepke, the informal hearing process was an invitation for frivolous claims and it was homeowners who ended up paying the price.

"The part that was difficult is that the association had no recourse of action to recover attorney's fees from the non-winning party, which means other owners in the community end up paying for the defense of that matter," said Koepke.

Staropoli said that he hopes the state legislature will create a new way to resolve differences with their HOA, only this time, set up a system that will hold up in court.

Staropoli has created a website to help homeowners with questions about their HOAs. It is pvtgov.org.

To view the KPHO *video with Jason Barry, click here and select the video titled "*HOA Dispute Hearings Ruled Unconstitutional". (*This video may not be still available)

Editor's Note: *Viewing video requires a high speed Internet connection and is not recommended if you have a dial-up connection.

Neighbor Disputes - Must the Board of Directors get involved?
By Clint Goodman
The HOA Institute

Many homeowners built or purchased their homes in communities with CC&Rs and Rules & Regulations because they think doing so will protect them from neighborhood nuisances like loud parties, barking dogs and inoperable cars. When they find themselves in exactly the situation they wanted to avoid – in the midst of a dispute with the folks next door – they often turn to the association Board of Directors. So, what must the Board do when homeowners call?

Generally, the CC&Rs, Articles of Incorporation, Bylaws, and Rules and Regulations protect the homeowners from those who would paint their home an irritating bright red or from those that want to open "Jack's Auto Repair Shop" in their front yard. In these situations, the answer about whether or not the Board should send the offending homeowner a violation letter is relatively clear. The less tangible nuisances like the barking dog complaint may be more difficult to assess.

Most CC&Rs have a nuisance clause that covers barking dogs and loud parties. The generic draft of how these clauses read are something like this: "No member or member's guests shall do anything which in any manner interferes with another member's quiet and peaceful enjoyment of the property." But complaints from homeowners that fall under this restriction, particularly those about noise, are often difficult to enforce. For example, the Association may send a warning letter to the offending neighbor only to find that the neighbor denies the violation and the matter ends up in a "he said, she said" barrage of finger pointing that leaves the Board of Directors in a complete quandary.

Board of Directors need to work hard to ensure all members have an equal opportunity to enjoy their home environment, but may become frustrated and overwhelmed when caught in the midst of neighbor disputes. Perhaps the best thing the Board can do if the matter becomes a finger pointing battle between the two disputing neighbors is to remove itself from the situation and require that the neighbors make every attempt to work out any issues between themselves. This is especially true in the classic "he said, she said" scenario.

Associations cannot be expected to side with one member over the other when it amounts to one person's word against another's. This is because associations must enforce the documents uniformly and reasonably. To enforce the documents reasonably means to enforce violations that can be proven with documentation like photographs, independent witnesses, letters and the like. As an experienced trial attorney, I can say with certainty that judges don't like hearing cases where the only evidence presented is "he said, she said".

Authored by Clint G. Goodman
Attorney with Goodman Law Offices
1423 S. Higley Road
Mesa, AZ 85206
(480) 331-FIRM

A Gathering of Legends - Veteran's Day Celebration!
CAF Museum at Falcon Field
2017 N. Greenfield Road
Mesa AZ 85215
Phone 480-924-1940
Saturday November 13, 2010
10:00AM to 3:00PM
No host cocktails at 5:00PM
Dinner ($35/person) at 5:30PM

A GATHERING OF LEGENDS 10:00AM-3:00PM
The Commemorative Air Force (CAF) Arizona Wing Aviation Museum is pleased to present the Third Annual Gathering of Legends, the largest gathering of military aviators in the Southwestern United States.

The event is designed to honor aviators who have participated in U.S. military conflicts during the past 69 years and serves as the museum's Veterans Day celebration. Visitors are invited to meet and speak personally with approximately 40 military aviators, including fighter pilot aces, bomber and cargo aircraft crewmen, Tuskegee Airmen, Womens Air Force Service Pilots (WASPs) and many others.

Colonel Roger Parrish, U.S.A.F. Retired, will be featured as the keynote speaker. Colonel Parrish's distinguished career included an assignment as commander and leader of the Thunderbirds during the 1970s. A press release can be viewed by clicking here.

DINNER WITH THE LEGENDS 5:00PM
The museum will also host a Dinner with the Legends with many of the Gathering of Legends veterans in attendance. Mr. Barrett Tillman, noted aviation author and commentator on the History Channel's Dogfights series, will be featured as the keynote speaker. Tickets will be available for advanced purchase at the museum. Tickets are $35.00 per guest. The CAF is a 501(c)(3) nonprofit organization and tickets are tax deductible to the extent permitted by law.

The dinner will be held on Saturday, November 13th at the CAF Arizona Wing Aviation Museum, 2017 N. Greenfield Road in Mesa, AZ. No host cocktails at 5:00PM followed by dinner at 5:30PM. The CAF celebrates our heritage of freedom through flight, education, exhibition and remembrance. Both events provide a unique opportunity for the public to meet and thank the Legends for their service. For further event information, please contact the museum at 480-268-2144, 480-268-2140 or 480-924-1940.

Sunland Village HOA in dispute over improvements!
By Art Thomason
The Republic

Members of an east Mesa homeowners association are fighting a proposal to assess residents for up to $2.6 million in new and remodeled amenities.

More than 100 members of the Sunland Village Community Association met last week and protested what they called attempts by the association's board to build "grandiose" and "unneeded" facilities such as a fitness center.

The controversy is one of several intense disagreements that have beset East Valley homeowner associations in recent years.

Some Sunland members, including two association directors, said many residents cannot afford any more than they're now paying for assessments that cover operating costs such as salaries and utilities.

"People living on Social Security incomes won't be able to pay it," said a retired public school teacher and resident of the community for 18 years.

An ad hoc committee sought input from a cross-section of the community to determine the range of needs.

The association manager has already offered options such as extended payment plans to some residents with limited incomes.

A member of the board stated that "Roughly 40% of the residents have not picked up their activity card, which is required for access to most facilities." The cards were issued in February and March.

The board President recently said that the updates are critical to stay abreast of the communities needs and keep pace with the modernization of many of its homes. He went on to say, "And quite frankly, I think it's a bargain right now," referring to construction costs and interest rates that are low because of the struggling economy.

If you don't exercise your right to vote on Election Day, you are missing out on a great national privilege and a significant personal freedom that many in the world don't enjoy.

Casting your vote allows you to express a choice on important issues and among candidates who wish to become government leaders. It's up to each voter to locate available information about each issue and candidate and to make an informed decision about how to vote. Rather than allowing potential leaders to hide weaknesses and wrong-doing from public awareness, a democratic voting process urges citizens to get involved and to share viewpoints about who should lead. Failing to register a vote is tantamount to saying you don't care. Few people truly remain oblivious to government leadership and our nation's current problems. Most have opinions about the way things should go, and they should use the voting process to express their preferences.

TEN REASONS WHY YOU SHOULD VOTE ON ELECTION DAY:
10. So you can complain. If you don't vote we don't have to listen to your whining.
  9. It's your right. Think of all the things you don't get to vote on.
  8. Do you want change or do you want things as they are?
  7. It's fashionable. You can tell others that you voted.
  6. Your voice will be heard by those who are in power.
  5. You can cancel someone else's vote.
  4. You can break the stereotype that most people don't care.
  3. If you don't vote, others will make decisions for you.
  2. Make some "noise" on an issue you strongly support or oppose.
  1. Every vote counts. Your vote could just make the difference.

COTTONWOOD - Arizona authorities are warning seniors about a scam in which thieves pose as grandchildren over the phone and ask for bail money.

The Yavapai County Sheriff's Office reported Saturday that three such scams have occurred since September last year.

The most recent was on Oct. 18, when a 75-year-old Cottonwood man got a call from a woman who identified herself by name as his granddaughter, told him she had been arrested in Canada and that she needed bail money.

Shortly after, someone who said they were a police sergeant called and told the man to wire $5,600 in bail money to a contact in Florida. The man followed the instructions but later found out his granddaughter never had been arrested and was safe at her home in Utah, and he was out $5,600.

Sheriff's spokesman Dwight D'Evelyn said two similar incidents occurred in September last year.

He said such scams are difficult to investigate because suspects usually live outside the U.S. and throw out cell phones before they can be traced.

D'Evelyn said detectives believe whoever is responsible uses social networking sites, such as Facebook, to identify family members through profiles and photos. In some cases, people write about travel plans and specific family information, making schemes much easier.

He warned people to tell their parents and grandparents about the scheme, and that any requests for money to be wired should be seen as a red flag.

SCAM SAFETY NOTE: Tough economic times are, unfortunately, boom times for scammers, as people desperate for money and jobs let down their guards and are more likely to pursue questionable financial opportunities that caution might ordinarily warn them away from. And as folks become more inured to monetary woes, their charitable inclinations are more easily exploited by scammers pretending to be persons in need of sympathetic helping hands. Check out www.snopes. com for the top 5 scams.

The Board of Directors announced at the October 12, 2010 Homeowners General Meeting that they had sent a letter of intent to the owner of the former Apache Wells Realty building. The building, which sits next to the AWHOA Administration Building, is for sale.

Below is a chronology of meetings, letters, etc. which led up to the letter of intent to purchase the building. Board President Paul DeMond indicated that the association had made a bid on the property, but would not disclose the amount offered.

FITNESS CENTER EXPANSION
Board Meeting Minutes
April 1, 2010
Fitness Committee: Colleen MacEachern presented a request to purchase a Precor Elliptical bike at a cost of $5657.03, because a Schwin bike is broken. A motion was made by Cheri Whalen, 2nd by Babs Bastedo to repeal the $2000 approval for architectural plans for expansion of the Fitness Center, and for the committee to have $500 for conceptual plans for an exercise room design. The motion was approved unanimously. A motion was made by Cheri Whalen, 2nd by Babs Bastedo to purchase a Precor Elliptical bike subject to the invoice at a price no higher than $5657.03 for delivery for October or the first of November with a 40% deposit, with negotiation to 10% deposit. The motion was approved unanimously.

REALTY BUILDING
Website Posting
May 12, 2010
The Apache Wells Board of Directors is considering submitting a bid to purchase the former Apache Wells Realty Building located next to the AWHOA Administration Building. No decision, however, has been made at this time.

Residents were informed at the April 13th Homeowners Meeting that the Board was "acquiring information about the building". An asking price of $612,000 was provided at that time. In response to a homeowner's question on what the building was to be used for, he was told "possibly lease it out, use it for more exercise area and other possibilities".

Our CC&Rs grant the Board "the right and power to acquire real property, including commercial property" (without a vote of the owners) and to "use special assessments to defray in whole or in part the costs thereof." Should the Board approve the purchase and should the purchase require a special assessment, approval of the special assessment would require "a majority vote of the residential unit owners" as provided for in ARTICLE X Section 2 D (1) of our bylaws.

REALTY BUILDING
Paul DeMond Letter
July 7, 2010
In a letter sent to all homeowners, AWHOA President Paul DeMond wrote "As many of you know the last piece of real estate that is within the boundary of Apache Wells is up for sale, the former Apache Wells Realty Building. A few board members have been looking into what other comparable properties have sold for and evaluating the cost per square foot. No decision has been made at this point. The board would value your input on whether to pursue or purchase this property."

REALTY BUILDING
Special Board Meeting Summary
July 22, 2010
A majority of the meeting time was taken up on this issue. Board President Paul DeMond made it clear that no decision has been made on the purchase of the Realty Building. Board member Cheri Whalen, who has a background in real estate and as a banker, has done extensive research into the former home of Apache Wells Realty, which currently has an asking price of $600,000. She stated that a $400,000-500,000 range is more realistic given the current economy and real estate market. Should the Board make an offer on the building, it was pointed out that there would not be a special assessment or increase in the general assessment (dues) to cover the purchase. Homeowners will be kept “in the loop” as new information becomes available.

REALTY BUILDING
Special Board Meeting Minutes
July 22, 2010
Cheri Whalen gave analysis for the realty building. There was discussion from the board members and homeowners present.

REALTY BUILDING
Homeowners Meeting Minutes
October 12, 2010
NEW BUSINESS
Realty Building: the majority who responded to the letter sent out were in favor of purchasing the building. A letter of intent was sent to the owner.
OPEN FORUM
Bob Towler #1193 requested not to pay too much.
Roy Flores #1316 recommended leasing the building if AWHA purchases it.

Understanding the Medicare Part D Rx Donut Hole!
Learn About the Medicare Part D Coverage Gap
By Michael Bihari, MD
About.com

Hitting the Donut Hole
The donut hole, or coverage gap, is one of the most controversial parts of the Medicare Part D prescription drug benefit and of concern to many people who have joined a Part D drug plan.

Although all prescription drug plans must explain the coverage gap in their literature and advertising, the donut hole comes as a shock to many enrollees when they go abruptly from making copayments for their drugs to paying 100% of the cost.

How the Donut Hole Works in 2010
This is the standard Part D drug prescription plan for 2010 required by Medicare.

If you join a Medicare prescription drug plan, you may have to pay up to the first $310 of your drug costs. This is known as the deductible. During the initial coverage phase, your drug plan pays 75% of the covered prescription drug costs after your deductible is met, and you pay 25% until the total drug costs (including your deductible) reach $2,830.

Once you reach $2,830 in total drug costs, you will be in the donut hole and you must pay the full cost of prescription drugs until your total out-of-pocket cost reaches $4,550. This annual out-of-pocket spending amount includes your yearly deductible and copay amounts.

When you spend more than $4,550 out-of-pocket, the coverage gap ends and your drug plan pays most of the costs of your covered drugs for the remainder of the year. You will be responsible for a copay of $2.40 for each generic drug and $6.00 for other drugs (or 5%, whichever is higher). This is known as catastrophic coverage.

The expenses outlined above only include the cost of prescription medications. It does not include the monthly premium that you pay to the prescription drug plan.

It is important to understand that your Part D prescription drug plan may differ from the standard Medicare plan only if the plan offers you a better benefit. For example, your plan can eliminate or lower the amount of the deductible. And, your plan can pay for generic or brand name medications in the coverage gap.

Governor Jan Brewer signed HB2768 into law on April 9, 2010. It became A.R.S. 33-442 effective on July 29, 2010.

A.R.S. 33-442 imposes new rules on "transfer fee covenants". Specifically, it addresses provisions in a "declaration, covenant or any other document relating to real property" that bind successors in title and obligate payment of a fee to a declarant or a third person on transfer. There are two broad issues with HB2768 as it relates to condominiums and planned communities in Arizona.

First, will A.R.S. 33-442 impact "transfer fees" or "resale disclosure statement fees" charged by condominium and planned communities?

Second, will A.R.S. 33-442 impact or regulate monies due the condominium or planned community association on sale or transfer of the property that are in addition to "transfer fees" or "resale disclosure statement" fees?

Since "transfer fees" are a statutory charge if the condominium or planned community association is incorporated as an Arizona Nonprofit Corporation in A.R.S. Section 10-3302(16), it does not appear that HB2768 was intended to address those charges (the general thinking is that the "transfer fee" referenced in A.R.S. Section 10-3302(16) permits a transfer fee charge that does not exceed the cost of facilitating the transfer of the membership or ownership of the lot in the association's records). Also, since the "resale disclosure statement" fee is expressly permitted in the statutes that require the resale disclosure fee (A.R.S. Section 33-1260 for condominiums and A.R.S. Section 33-1806 for planned communities), it does not appear that HB2768 was intended to address those charges.

In summary: State statutes (10-3302 and 33-1806) allow an HOA to charge a "reasonable" transfer fee to compensate the association for the costs incurred in the preparation of documents required for the resale of property. The new statute (33-442) allows an association to charge additional fees that become due at a close of escrow provided the associations governing documents grant authority for the fee and provides for a specified purpose for the assessment.

Editor's Note: Will this new law affect Apache Well's $950 Transfer Fee? We assume that the Board of Directors will consult their legal counsel and share that information with the members at the October 12th Homeowners Meeting.
UPDATE: On the recommendation of AWHOA Attorney Charles Maxwell, the Board of Directors voted 5-4 on a resolution to reduce the transfer fee from $950 to $500 effective October 7, 2010. The question still remains, is this a "reasonable" charge under A.R.S. 33-1806 Section C (see above) that states "The association may charge the member a reasonable fee to compensate the association for the costs incurred in the preparation of a statement furnished by the association pursuant to this section."?

There has been a lot of talk about energy policy in recent times. To encourage alternative energy sources, the government (state & federal) is presently offering homeowners tax credits for installing solar energy devices (SEDs). In a state like Arizona, where the sun always seems to be shining, it makes a lot of sense for homeowners to take advantage of this opportunity.

The one problem with SEDs, however, is that many people find them unattractive or unsightly. This is generally not the case when they are installed on a rooftop, but it is not unheard of for homeowners to mount them to stand-alone towers on their property. And most homeowners do not want this type of structure in their neighbors yard. To prevent members of their community from building these structures, Arizona homeowners can call on their HOA.

Homeowners can petition their homeowners' association to create and enforce a wide range of rules and restrictions. HOAs can then enforce restrictions, or even add new provisions to the community's CC&Rs. However, despite the latitude that HOAs have, federal and state statute prohibits them from restricting homeowners from installing SEDs. Nevertheless, HOAs can adopt reasonable rules about where on a homeowner's property SEDs can be installed. As long as a HOA rule does not impair the function of the SED, or make it cost-prohibitive for homeowners to install an SED, the HOA can regulate where a SED can be installed on a homeowner's property.

To sum things up about how HOAs can regulate solar panels, an association can ban stand-alone towers as long as it does not interfere with the SED's efficiency or make it more costly for homeowners to install SEDs.

Protecting Your Home Against Crime!
Basic Steps to Safeguard Property Against Burglaries
By Martha R. Gore
www.suite101.com

Protect your home against crime by following some basic steps to prevent becoming a victim of burglary and theft.

Protecting your home against crime consists of using some common-sense precautions that can deter a criminal from invading your property. Most criminals will look for the most easily accessible property and avoid those that have obviously taken steps to prevent entry.

Begin by thinking like a burglar and taking a walk around the outside of your home to spot any weakness that may attract a criminal. A checklist of changes should be made that will make a burglar think that someone is at home at all times. Inside the house, make an inventory and mark all-important items with a unique, permanent identification that makes it harder for a criminal to sell it. Take pictures of items and put them in a safe or safety deposit box.

Protecting Your Home with a Lived-in Look
1. Instead of leaving on the same light upon departing your home, change the pattern by turning on a different light in a different room each time you depart.
2. Put out a garbage can on pickup days and don't leave empty garbage cans outside overnight.
3. Use your answering machine message to say "I cannot come to the phone right now" instead of leaving a message that says you are not at home.
4. If you don't use an answering machine, turn down the ringer on the telephone so that it cannot be heard outside. A long-ringing telephone sound indicates that no one is at home.
5, Newspapers and mail should not be allowed to build up on the property.
6. If away for a longer period of time, ask a neighbor to park a car on the property from time to time.
7. Don't allow garden foliage to become overgrown, which can indicate to a burglar that the owners are away and that can also provide a hiding place for an intruder.

Protecting Your Home by Repelling a Criminal
8. A burglar will assume there is a dog in the house or around the premises if they see a "Beware of the Dog" sign, a canine water bowl or a leash. There are also systems available that provide "electronic dogs" that begin barking at the sound of an intruder.
9. Signs in the back and front of the house indicate that it is protected by a home alarm system.
10. Install infrared lights that sense motion or heat when anyone comes close to them. There are also burglar horns that do the same thing.

Protecting Your Home Using Simple Security Measures
11. Think about opportunities or signs that indicate access to a criminal.
12. Doors and windows should be kept shut and locked, and keys should not be left in obvious places. Never leave a key to the house under a front door mat, flower pot, or window sill.
13. Outside security gates should be kept locked at all times.
14. The front door should be visible from the street and not obscured by landscaping.
15. Tools or ladders that can be used by a burglar to gain access should not be visible.
16. Packaging from expensive new purchases should not be left on the street to attract the attention of a burglar.

The more difficult it is for a criminal to gain access to a property, the less likely will a home invasion take place. Putting a few obstacles in place can be an instant deterrent to a burglary attempt making for a safer, more secure lifestyle.

The Citizen Observer Alert Network allows the Mesa Police Department to instantly update you about crimes, emergencies, missing and wanted persons and other important information. All alerts are delivered via e-mail and/or text message to your cell phone.

The biggest benefit of this Alert Network is that it makes two-way communication between law enforcement and the public possible. In addition to sending updates to Mesa citizens, you will also be able to anonymously send us information about crimes, missing persons, fugitives and unsolved cases via text message or use of the online form.

To sign up for alerts, submit a tip, or get more information on our newest community safety project, please visit our Citizen Observer page.

Editor's Commentary: Throughout the summer of 2010 the Mesa Police have been called to Apache Wells on a number of occasions. Only through "second-hand" information have our full-time residents been given any information as to why they were here. Our out-of-state homeowners were likely unaware of the police presence in our community unless they too received this "second-hand" information or if their property was involved. As full-time residents, we feel that our homeowners have a right to know what illegal activities are going on around them. The AWHOA has an e-mail newsletter that is sent out periodically which could alert homeowners to any problems. In the interest of the safety of our members, our Board of Directors and Security Patrol need to provide this information. Bob & Judi Teague, Lot #196

HOAs in Arizona cutting services, raising fees!
By J. Craig Anderson
The Arizona Republic

Thousands of vacant properties and millions of dollars in unpaid dues are taking their toll on Arizona homeowners associations, and homeowners are paying the price.

Over the past 18 months, an estimated 10 percent of the state's million-plus HOA members have abandoned their homes or been forced out by foreclosure, based on data from Arizona's largest community-management firms. Without payments from those members, many HOAs have been forced to raise dues, crack down on late payers and cut back on services.

As a result, the remaining homeowners have become secondhand sufferers in the foreclosure crisis, experts said.

In the most troubled master-planned communities, generally those in recent high-growth areas such as Buckeye, Maricopa and the Hunt Highway corridor near Queen Creek, delinquencies have reached alarming proportions, placing some HOAs under serious threat of bankruptcy.

Should an HOA go bankrupt, prospective homebuyers would not be able to obtain title insurance on the community's homes, making them nearly impossible to buy or sell.

With no contingency plans and little help available from cash-strapped cities and towns, homeowners associations are likely to face money problems for years to come, market analysts said.

"Associations are not designed to have 38 percent delinquencies, or even 20 percent," said Amanda Shaw, president of HOA management firm Associated Asset Management of Phoenix. "They're designed to have a 2 percent to 5 percent delinquency. They are designed to be successful."

East Mesa, AJ cleaning up after big monsoon storm!
By Nathan Gonzalez
Arizona Republic

As East Valley officials surveyed the damage from a monsoon storm that tore through Tuesday evening, Alison Carpenter and her family were cleaning up from the storm that tore the roof off her garage.

Wind gusts and near golf ball-sized hail pummeled homes in northeast Mesa and Apache Junction, where streets flooded and winds knocked down everything from trees, cacti, power lines and the Carpenter's roof.

"I just thought, 'Oh my God, the whole house is going to crash in," Carpenter said. "My husband was yelling at me to run and get away from the windows."

Moments later they heard a loud crash, and learned the roof over their 1,600 square-foot garage had ripped off and was resting between their home and swimming pool.

Homeowner associations (HOAs) fall into one of two categories:
1) Condominiums (condos), in which the homeowners share proportionally in the ownership of the common areas, or 2) Planned Communities, in which the common area is owned by the HOA itself. This distinction is important because it determines which state laws apply to the HOA and its homeowners.

The other factor in determining homeowner rights is the HOA's governing documents. This includes the Articles of Incorporation, Bylaws, and perhaps most importantly the Declaration of Covenants, Conditions and Restrictions (referred to as the Declaration or CC&Rs). The HOA board of directors may also adopt rules that interpret and carry out the Declaration or Bylaws. These governing documents are the specific regulations that apply to your community and often include restrictions on parking, pets, landscaping requirements, payment of HOA assessments, etc. In most cases, if there is a conflict between the HOA's governing documents and state law, the state law will trump.

The following topics generally focus on planned community law, but most principles will apply to condominiums as well.

Proxies NO.... in-person and absentee ballots YES
Despite any provision in the community documents, votes allocated to a residential unit, may not be cast by proxy. This means that another person can not cast a vote for another homeowner. The association shall also provide for votes to be cast in person and by absentee ballot and may provide for voting by some other form of delivery.

Any action taken at an annual, regular or special meeting of the members shall comply with all of the following if absentee ballots are used:
___ 1. The absentee ballot shall set forth each proposed action.
___ 2. The absentee ballot shall provide an opportunity to vote for or against each proposed action.
___ 3. The absentee ballot is valid for only one specified election or meeting of the members and expires automatically after the completion of the election or meeting.
___ 4. The absentee ballot specifies the time and date by which the ballot must be delivered to the board of directors in order to be counted, which shall be at least seven days after the date that the board delivers the unvoted absentee ballot to the member.
___ 5. The absentee ballot does not authorize another person to cast votes on behalf of the member.

Votes cast by absentee ballot or other form of delivery are valid for the purpose of establishing a quorum. A quorum is the minimal number of officers and members of a committee or organization, usually a majority, who must be present for valid transaction of business.

Parking; public service and public safety emergency vehilcles
Despite any provision in the community documents, an association shall not prohibit a resident from parking a motor vehicle on a street or driveway if the vehicle is required to be available at designated periods at the person's residence as a condition of the person's employment and either of the following applies:
___ 1. The resident is employed by a public service corporation that is regulated by the corporation commission or a municipal utility and the public service corporation or municipal utility is required to prepare for emergency deployments of personnel and equipment for repair or maintenance of natural gas, electrical, telecommunications or water infrastructure, the vehicle has a gross vehicle weight rating of twenty thousand pounds or less and is owned or operated by the public service corporation or municipal utility and the vehicle bears an official emblem or other visible designation of the public service corporation or municipal utility.
___ 2. The resident is employed by a public safety agency, including police or fire service for a federal, state, local or tribal agency or a private fire service provider or an ambulance service provider that and the vehicle has a gross vehicle weight rating of ten thousand pounds or less and bears an official emblem or other visible designation of that agency.

These are only some of the many rights you have as a homeowner within an Arizona HOA.

Arizona HOAs must follow these steps or risk losing their ability to enforce the violation against the offending homeowner.

Step One - Send out a letter to the homeowner informing him/her what the violation is and when it must be corrected. This is called a "Notice of Violation". The law says that only after notice can an HOA issue fines.
Make sure the Notice of Violation contains the following information:
1) the provision of the community documents violated
2) the date of the violation or the date the violation was observed
3) the first and last name of the person or persons who observed the violation
4) the process the member must follow to contest the notice
Also make sure you give the homeowner plenty of time to resolve the violation. You want to be reasonable in this process and not appear over-aggressive.

Step Two - If the violation is not corrected within the time set forth in the Notice of Violation and the homeowner has not contested the Notice of Violation, impose only reasonable monetary penalties. What is reasonable in an HOA with multi-million dollar homes may be much higher than the same violation in an Arizona HOA with smaller homes. Make sure the fine fits the violation. Don't impose a large fine for the first violation unless the violation is a serious impediment to the rest of the community.

Step three - Require that the homeowner be accountable to that fine. Arizona HOA law says that fines do not constitute a lien until a judgment is obtained. In other words, the fine doesn't have much legal significance until reduced to judgment in court. If the homeowner does not correct the violation and refuses to pay the fines, the board of directors, may consider obtaining a judgment against the offending homeowner. True, it will cost some money in attorneys' fees to do so but you can ask the court to order the homeowner to reimburse you for all of your attorneys' fees if you win.

Step four - Follow the same process for everyone in the community and be consistent. Failing to follow these steps or failing to ensure that homeowners bring their properties into compliance through court order may result in the association being sued. That is, the association should enforce the CC&Rs or run the risk of being sued by a complaining homeowner or homeowners for breach of contract because it did not enforce the CC&Rs against all violators. The law is the way it is because people move into HOAs because they don't want to have to worry about their neighbor's yard looking atrocious and because they want to have peace of mind knowing that their assessments are going to be holding everyone to the same standards.

Got a comment? Send it to sawcommittee@gmail.com and we'll post it on our OPINIONS & FEEDBACK page. Please include your name and lot number.

To Enforce or Not to Enforce? There is no question!
By Attorney Josh Bolen
www.carpenterhazlewood.com

Associations must enforce their documents as written. Arizona law, under a case called, Johnson v. Pointe Community Association, holds that an association has an affirmative duty to enforce the express terms of its governing documents.

The law does not provide any exceptions to this legal obligation. We have long encouraged our clients to understand that an association only has two choices: amend the governing documents or enforce them as written.

An association that chooses not to enforce its governing documents exposes the association and its board of directors to two distinct forms of risk.

First, another owner in the community may file a lawsuit against the association and allege that the board has failed to enforce the governing documents.

Second, if the board chooses not to enforce the governing documents now, the Association may lose its ability to enforce certain terms of the governing documents in the future, either in individual cases or even in a broader sense.

The Apache Wells Declaration of Covenants, Conditions and Restrictions (CC&Rs) require that all lots, including landscaping, be maintained and kept clean at all times.

In the event a lot is not maintained and kept clean the AWHOA has the right, either by itself or through another person, to bring the lot up to a standard which meets the approval of the AWHOA. The owner of the lot must pay to the AWHOA an assessment equal to all costs and expenses incurred within 20 days or be subject to interest and penalty charges. Nonpayment will constitute placement of a lien on the property until full payment is made.

The AWHOA may threaten to fine you if you don't maintain your property, but unlike unpaid assessments, fines may no longer form the basis of a foreclosure action. The only way the AWHOA can collect fines is if you voluntarily pay them, or if the AWHOA files a lawsuit against you to collect them. Under Arizona law, an HOA may not issue a fine until it first offers you a hearing before the board of directors. If the HOA fails to provide you an opportunity for a hearing before the fine is imposed, the fine is illegal and not enforceable.

Most violations involving weeds occur in the summertime when many owners have left Apache Wells for cooler temperatures. Their absence makes having a responsible person (i.e. a caretaker) essential to monitoring the condition and security of their lot and residence.

Definition: A weed in a general sense is a plant that is considered by the user of the term to be a nuisance, and normally applied to unwanted plants in human-made settings.

Update Items:
1. AW 3rd nationally for recycling in April and 2nd in food drive
2. New coats of paint
3. Sunshades and new flooring
4. Remodel of Administration Building
5. Security Patrol Report
6. Surveillance cameras
7. Real Estate Building

The following topics generally focus on planned community law, but most principles will apply to condominiums as well.

Displaying For Sale signs
An association shall not prohibit the indoor or outdoor display of a for sale sign and a sign rider by an association member on that member's property, including a sign that indicates the member is offering the property for sale by owner. The size of a sign offering a property for sale shall be in conformance with the industry standard size sign, which shall not exceed eighteen by twenty-four inches, and the industry standard size sign rider, which shall not exceed six by twenty-four inches.

Circulation of political, candidate nomination, referendum and recall petitions
An association shall not prohibit but may reasonably regulate the circulation of political petitions, including candidate nomination petitions or petitions in support of or opposition to an initiative, referendum or recall or other political issue on property dedicated to the public within the association. A planned community is not required to comply with this section if the planned community restricts vehicular or pedestrian access to the planned community. A planned community is not required to make its common areas available for the circulation of political petitions to anyone who is not an owner or resident of the community.

These are only some of the many rights you have as a homeowner within an Arizona HOA.

Music, games, food and fun are all part of the two-day Arizona Celebration of Freedom on Friday, July 2 and Saturday, July 3 in Downtown Mesa.

From 6 p.m. to 10 p.m., Downtown Mesa will transform into the Arizona's premiere salute to America. Catch the music at Stage America, sign the Declaration of Independence on Heritage Lane and visit Freedom Plaza at the Mesa Arts Center. Bring the kids to the Family Fun Zone for traditional county fair games and contests and make a splash at the Wet Zone.

Don't miss the fireworks extravaganza on Saturday night sponsored by the Chicago Cubs. The show will kick off with a pyrotechnic display shooting off the top of Mesa City Plaza and the Mesa Arts Center!

Downtown businesses, including restaurants and other retail outlets, will stay open to provide opportunities for unique shopping and dining.

Mesa takes action on light rail station locations, design!
Local News
Mesa Independent

After several months of public participation and community discussion, the Mesa City Council helped to further define the Central Mesa light rail extension with approval of four station locations and a Main Street traffic configuration plan at the city council meeting June 7.

Recommended station locations on Main Street: East of Alma School Road; east of Country Club Drive; east of Center Street; and east of Mesa Drive.

These locations were identified for their proximity to activity centers and bus connections, least impact to adjacent property and curbs, economic development potential and convenient pedestrian access.

Recommended Main Street traffic configuration, Sycamore to Mesa Drive:
___1. Sycamore to Country Club remains as two lanes of traffic in each direction. On street parking will be removed to reduce impacts to adjacent property and sidewalks.
___2. Country Club to Mesa Drive (Downtown Mesa) transitions into one lane of traffic in each direction. On-street parking and existing signalized pedestrian crossings will be maintained where possible.

All intersections along the line will have separate left turn lanes with dedicated left turn arrows.

The above recommendations will be forwarded to the Metro Board of Directors for their review this summer.

In addition, the council committed to City funding for operations of the light rail extension.

The following topics generally focus on planned community law, but most principles will apply to condominiums as well.

Displaying American, POW/MIA, Arizona and Arizona Indian Nation flags
An association shall not prohibit the outdoor display of any of the following:
1. The American flag or an official or replica of a flag of the United States army, navy, air force, marine corps or coast guard by an association member on that member's property if the American flag or military flag is displayed in a manner consistent with the federal flag code
2. The POW/MIA flag
3. The Arizona state flag
4. An Arizona Indian nations flag
The association shall adopt reasonable rules and regulations regarding the placement and manner of display of these flags. The association rules may regulate the location and size of flagpoles but shall not prohibit the installation of a flagpole.

Displaying political signs
An association shall not prohibit the indoor or outdoor display of a political sign by an association member on that member's property, except that an association may prohibit the display of political signs earlier than forty-five days before the day of an election and later than seven days after an election day. An association may regulate the size and number of political signs that may be placed on a member's property if the association's regulation is no more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property. If the city, town or county in which the property is located does not regulate the size and number of political signs on residential property, the association shall permit at least one political sign with the maximum dimensions of twenty-four inches by twenty-four inches on a member's property.

These are only some of the many rights you have as a homeowner within an Arizona HOA.

The following topics generally focus on planned community law, but most principles will apply to condominiums as well.

Increasing the regular or general assessment dues
Unless *limitations in the community documents would result in a lower limit for the assessment, the association shall not impose a regular assessment that is more than 20% greater than the immediately preceding fiscal year's assessment without the approval of the majority of the members of the association.
*AWHOA Bylaws: ARTICLE X Section C. (3) The membership must approve, by majority vote of the Residential Unit Owners, present and voting at a noticed meeting, the expansion of improvement of services to common areas that would result in an increase of over 10% in the general assessment rate.

Violation of community documents by owner
A member who receives a written notice that the condition of his property is in violation of the community documents, without regard to whether a monetary penalty (fine) is imposed by the notice, may provide the association with a written response by certified mail within ten business days after the date of the notice.

Within ten business days after receipt of the certified mail containing the response from the member, the association shall respond to the member with a written explanation regarding the notice that shall provide at least the following information unless previously provided in the notice of violation:
___ 1. The provision of the community documents that has allegedly been violated.
___ 2. The date of the violation or the date the violation was observed.
___ 3. The first and last name of the person or persons who observed the violation.
___ 4. The process the member must follow to contest the notice.

Unless the information required (1-4 above) is provided in the notice of violation, the association shall not proceed with any action to enforce the community documents, including the collection of attorney fees.

These are only some of the many rights you have as a homeowner within an Arizona HOA.

The following topics generally focus on planned community law, but most principles will apply to condominiums as well.

Open Meetings of the Board
In general, all meetings of the board of directors must be open to all members of the HOA. Notice of the meetings must be provided in a reasonable manner at least 48 hours in advance of the meeting. A "meeting" can occur anytime two or more board members discuss HOA business or issues.

There are 4 very specific exceptions to the open meeting requirement that involve discussion of the following topics:
___ 1. Legal advice from an attorney for the board or the HOA.
___ 2. Pending or contemplated litigation.
___ 3. Personal, health, or financial information about or against an individual member of the HOA, an employee of the HOA, or an employee of a contractor of the HOA.
___ 4. Matters relating to the job performance of, compensation of, health records of, or specific complaints against an employee of the HOA or an employee of a contractor of the HOA who works under the direction of the HOA.

Unless one of these exceptions applies, your board should be holding open meetings. The board is also required to allow a reasonable number of speakers on either side of an issue to speak prior to a vote by the Board.

New Protections for Homeowners in Arizona
Recently, the Arizona legislature adopted laws that prevent an HOA from banning "for sale" signs or solar panels. There are a few minor exceptions to these rules, but generally the HOA cannot interfere in these areas.

These are only some of the many rights you have as a homeowner within an Arizona HOA.

CORRECTION: In the Newsletter above dated May 25th, it was stated that Claire Black, former Apache Wells resident, had passed away. This information was incorrect. We apologize for any distress this caused.

Homeowner Associations or HOAs are becoming more prevalent in Arizona every year. The vast majority of new residential development is governed by an HOA. Spurred by homeowners' rights groups, legislators, and attorneys, new laws are created every year that provide new or modified rights and remedies for homeowners living in an HOA. Unfortunately, most homeowners are not aware of many of these rights.

The following topics generally focus on planned community law, but most principles will apply to condominiums as well.

Assessments or Dues
Homeowners must pay the assessments of the HOA on a monthly, quarterly or annual basis, as the case may be. However, the following general principles apply:
1. Any monies paid by the homeowner must first be applied to the principal balance of the assessments and then to late charges, collection fees, or other unpaid penalties.
2. Upon written request, your HOA must furnish a written statement setting forth any unpaid assessments on your property. The HOA must provide this statement within 15 days of your request.
3. The HOA's lien for assessments, late fees, and reasonable collection fees may be foreclosed in the same manner as a mortgage on real estate. But the HOA can only foreclose on your home if you are at least one year overdue on assessments, or if you owe $1,200 or more, excluding reasonable collection fees, attorney fees and late fees incurred.

Fines for Violation of a Homeowner Association Rule
If you violate a rule of the HOA, your HOA may threaten to fine you. Unlike assessments, fines may no longer form the basis of a foreclosure action. The only way the HOA can collect fines from you is if you voluntarily pay them, or if the HOA files a lawsuit against you to collect them. Under Arizona law, an HOA may not issue a fine until it first offers you a hearing before the board of directors. If the HOA fails to provide you an opportunity for a hearing before the fine is imposed, the fine is illegal and not enforceable.

Access to Homeowner Association Records, Meeting Minutes and Accountings
As a homeowner, you have the right to view all records, books, meeting minutes, etc. of the HOA. Upon your written request specifying which records you wish to view, the HOA must provide you access to the records within 10 business days. If you do not wish to view the documents on site, you may also request copies of specific documents. The HOA must provide the copies within 10 business days and may not charge you more than 15 cents per page. There are a few exceptions to this law, such as attorney-client privileged material, but the exceptions are rare.

These are only some of the many rights you have as a homeowner within an Arizona HOA.

Apache Wells is conducting a Food Drive to benefit St. Mary's Food Bank Alliance. St. Mary's Food Bank Alliance, the world's first food bank, is a non-sectarian, nonprofit organization that alleviates hunger by efficiently gathering and distributing food to sites that serve the hungry. Serving 13 of Arizona's 15 counties, the organization is committed to volunteerism, building community relationships and improving the quality of life for Arizonans in need. Their shelves are always in need of supplies. Won't you please help? There is a box in the lobby of the Administration Building for collection of non-perishable items until June 4th. To make a donation by check or money order, simply mail to St. Mary's Food Bank Alliance, Attn: Development W, 2831 N. 31st Avenue, Phoenix AZ 85009.

The Food Bank especially needs the following products:
___ Canned tuna, salmon, chicken, ham
___ Canned soups, stew, chili
___ Canned fruits and vegetables
___ Canned and packaged beans
___ Pasta, macaroni and cheese
___ Rice
___ Peanut butter
___ Juice in cans or plastic containers
___ Canned baby food (no jars)
___ Canned evaporated skim milk
___ Hot and cold cereals
___ Personal hygiene articles (soap, shampoo, toothpaste, toothbrushes, etc.)
___ Home cleaning products (dish soap, laundry soap, etc.)

The Apache Wells Board of Directors is considering submitting a bid to purchase the former Apache Wells Realty Building located next to the AWHOA Administration Building. No decision, however, has been made at this time.

For the minutes of the April 13th Homeowners Meeting, please refer to the Apache Wells Newsletter Issue 103 dated April 20, 2010 below.

For Mesa kids' home director, every day is Mother's Day!
by Art Thomason
The Arizona Republic

Every day, Carol Whitworth updates a waiting list full of child-neglect stories. She's determined to turn them into happy endings as she has done with hundreds of other children.

But space is limited at Sunshine Acres Children's Home where she is executive director.

"So many of the children are homeless, so it's hard to reach them," she said. "I tell them to keep calling back."

At 75, Whitworth's motherhood is boundless as she carries on a mission launched 56 years ago when her late parents turned an abandoned boarding school into the internationally known lifeline for neglected kids.

"I'm so happy to keep my parents' legacy alive," she said as she sat in the home's conference room. "They really sacrificed so much to make this a beautiful home. They were so poor at times and did so many things."

On a nearby television screen a visitor watched a tape of the home's history narrated by Whitworth's mother, Vera Dingman, whose name became synonymous with more than a half-century of care for children without solicitations for funds and government subsidies.

Now, Whitworth's daughter and granddaughter stand ready to continue the rescue and rebuilding of kids' lives.

Editor's Note: The Apache Wells Community has supported Sunshine Acres Children's Home for many years through the generous donations of its residents. Each Christmas the children from the home present a concert in appreciation of their support.

Proposition 100
Jobs, class size hang in balance May 18, officials say!
By Angela De Welles and Terrance Thornton
Independent Newspapers

On May 18 Arizona voters will be asked to decide on a one-cent sales tax increase that East Valley school district officials say is critical to retaining employees, quality educational environments and ensuring manageable class sizes.

If Proposition 100 is approved, a temporary, one-cent sales tax would be levied and collected starting June 1, 2010. According to what is proposed, the tax would be repealed in May 2013.

According to election information, two-thirds of the revenue will go to primary and secondary education. The rest would be directed to health and human services and public safety.

A news release from Gov. Jan Brewer's Web site states the one-cent sales tax will generate $1 billion in additional revenue each year it is in place.

While Proposition 100 will help East Valley school districts stave off some budget reductions to their operational budgets next fiscal year, decreases will come, but how deep those cuts will be depend on the outcome of the Proposition 100 vote, school leaders say.

A compounding factor is some East Valley School districts are dealing with significant drops in enrollment, which in turn, shaves the piece of the financial pie divided up by the state legislature.

Do you support Proposition 100? Are you opposed? We want to hear from you. Go to www.newszap.com, find your community, then go to the local public forum and let your voice be heard on this important topic.

Mesa's story is one of mysterious Indians, Spanish expeditions, early American explorers, Mormon migrations, a diverse community, and continual growth. Individuals and families made important contributions to the development of Mesa.

Hohokam Indians
The history of Mesa dates back two thousand years to the Hohokam Indians. The Hohokam, whose name means the "Departed Ones", built the original canal system that spread over 125 miles and is still used today.

Explorers and Apaches
Missionaries and explorers, including Coronado, Father Kino, and Marcos de Niza, came to Arizona (though not present day Mesa) during the 1500's and 1600's. A less known explorer was Esteban (also called Estevan or Estevanico), who searched for the city of gold. Apache Indians, east of our area, drove the Spanish away in the 1700's. U.S. Army troops fought the Apaches in the late 1800's, opening the way for white settlement. Kit Carson and other explorers came through the Salt River Valley during the early part of the 19th century.

First Mesa Settlers
The First Mesa Company, comprised of 85 members, left Utah and Idaho in September 1877. The company leaders, some of whom were polygamous, were Crismon, Pomeroy, Sirrine, and Robson. They took a different route from Jones, crossing the Colorado River at Lee's Ferry, where there is a steep cliff across the river. The leaders of the Mesa Company reached Utahville, as Lehi or Jonesville was then called, in January of 1878; the rest of the company came in February. Daniel Webster Jones invited the group to stay, but they decided to move up to the mesa. They marked off land and immediately began work clearing the original Hohokam canals; water entered the canals in April. On July 17 1878, Theodore Sirrine went to Florence to register Section 22, now called the Town Center: the square mile from Mesa Drive to Country Club and University to Broadway. There is some confusion about early names for Mesa because the Post Office used different ones, however, the town itself was always called Mesa City. Postal authorities considered the name Mesa unacceptable at first, as it was thought it would be confused with Mesaville on the San Pedro River. The first Post Office name was Hayden's Ferry (not to be confused with Tempe), operated by Fannie Macdonald in 1881. In 1886, the Post Office name was changed to Zenos. In 1889, the Post Office Department finally allowed the name Mesa City.

Lost Dutchman State Park funding at issue!
By Terrance Thornton
Independent Newspapers

As city, county and state officials grapple with dwindling budgets, funding resources for public parks are becoming harder and harder to find, East Valley officials say.

While Maricopa County parks and recreation funding remains intact, no county parks are slated to close. Arizona's state park system has been faced with a more than $11 million cut this fiscal year to dollars allocated by the Arizona Legislature, state parks officials say.

State, county and city lawmakers agree those cuts from the Arizona Legislature could force some state parks to shutter.

In the East Valley, Lost Dutchman State Park, 6109 N. Apache Trail outside of Apache Junction, is slated to close June 3, but that can be avoided if $24,000 is generated from donations and fundraising events between now and then to keep the park open next year, state park officials say.

UPDATE 5/6/10: Arizona residents proved they love their state parks by opening up their wallets to keep them open after the state Legislature gutted the budget. Thanks to a combination of public-private partnerships, 13 state parks once targeted for closure are expected to remain open, including a group of five that had been scheduled to shut down June 3. The State Parks Board is expected to approve the plan to plan keep the parks open at its May 19 meeting. Link to Arizona Republic article is below.

Scammers know prey when they see it, target elderly!
By William Arnold
Mesa Republic Weekend Edition
Arizona Republic

Have you ever been offered an opportunity for a home-loan modification? Did you get a postcard offering you two free airline tickes to anywhere in the United States if you call a number within 24 hours of receipt of the card? We got both of these within the last two weeks. How do you know if they are from a reputable company?

The bottom line is it is hard to find out if they are legitimate. Arizona Attorney General Terry Goddard has provided contact information for 37 agencies to help you.

If you go to the Arizona Attorney General's website, you will find his list of top 10 scams. New ones are created on a regular basis. The latest concern is about opportunities for you to modify your current loan.

Why do scammers target the senior population? Those older than 70 are part of a trusting generation. They are willing to listen to those who are making a pitch.

"He seemed like such a nice young man", one woman said in response to a telemarketer.

A good marketer will place the product or service in your self-interest. Would you like to make sure that the orphans of Africa are aided by giving $15 a month to see that they are well fed? Just give me your credit card information, and you can feel good about yourself.

You do not want to burden your family so we can offer you a prepaid burial plan. You and your family can have the peace of mind that planning can bring.

I twice received an invitation for a free dinner for my wife and me plus two other couples to learn what we can do to have a financially secure retirement. The claim was a "personal" invitation, and the writer was looking forward to meeting me. However, no individual was named - just Scottsdale financial group. If I invite friends, am I a part of their marketing team by giving them two more contacts?

These examples can be legitimate or be opportunities for scams. Always check reputations before you provide any information at all.

Have your noticed that you get a number of solicitations from similar charities or businesses? You have been placed on a list of individuals who made a contribution or purchase and your name was sold to others. Scammers prey on those who are responsive to appeals.

The best thing that you can do for yourself is be diligent. A friend reported that her mother was making small contributions to a number of charities, but she did not discover this until her mother asked her to mail her letters. When questioned, her mother said, "I only give a small amount to each." She did not know what the charities actually accomplished or if they were legitimate.

Find an opportunity to talk to your elderly parents about door-to-door and other solicitations for everything from charities to home repair. Remind them that they should not let anyone into their residence.

In tough economic times when pensions and savings are at risk, scammers are looking for vulnerable seniors.

7 year conflict over HOA leaves Dreamland Villa bitter!
By Jim Walsh
The Arizona Republic

Residents of the Dreamland Villa retirement community in east Mesa have succeeded in fighting off efforts to impose a homeowners association against their will, but some are saying it is a hollow victory.

A bitter lawsuit that had raged for seven years was decided in favor of the anti-HOA homeowners, but in the two weeks since the slam-dunk Arizona Court of Appeals ruling, some residents continue to go out of their way to avoid one another, and the community remains deeply divided.

"Nightmare Villa is what we call it," said Cathy Ehninger, a longtime opponent of a decision to turn the once voluntary Dreamland Villa Community Club into a mandatory HOA. She accuses the club of using scare tactics to get the HOA approved and said many elderly residents had no idea what they were signing when petitions were circulated.

On the other side of the dispute, Judy Ford, a member of the Dreamland Villa Community Club board of directors, agrees that hatred on both sides has poisoned the community. "I hate all the venom being spewed. It's almost like a bunch of kindergarteners saying, you can't play on my side of the street," said Ford, who was not on the board when the HOA was formed.

Editor's Note: Attorney Steve Cheifetz represented the HOA opponents. Cheifetz represented Save Apache Wells in their successful lawsuit opposing an $8.5 million Community Center and $6020 special assessment in 2007. Attorney Charles Maxwell represented the Dreamland Villa Community Club board of directors. Maxwell is currently legal counsel for the Apache Wells Homeowners Association.

Refusal to provide variances can violate State law!
By Clint G. Goodman
Mesa Republic Weekend Edition
Arizona Republic

QUESTION: I am a paraplegic and live in an HOA. I recently received a fine because my vehicle is oversized. My automated wheelchair rack on the back is what makes it oversized. I tried to appeal the fine, but the Board wouldn't listen to me. They told me that I knew the rules when I bought my home and I should never have bought a home in this community if I did not like the rules. Is there a law that protects the disabled in these situations?

ANSWER: All Arizona community associations need to know that fair housing laws exist and a community can get into trouble if they are violated. One way a community can violate the fair housing laws is by refusing to provide *variances for the disabled. The variances must be reasonable and must specifically accommodate the individual's particuar disability. One association recently had their hands slapped because they refused to let a disabled widow's grandson live with her as a full-time caregiver. Another association was reprimanded because it would not make trash bins accessible to one of its wheelchair-bound homeowners. Another association had problems letting a blind woman in their community keep her guide dog. Thankfully, assocaitions are learning that there are times when they must accommodate the disabled, but it is an ongoing educational process.

*variance: an official permit to do something normally forbidden by rules and regulations.

There was a time when all that was necessary for a volunteer to become a board member was to be interested in serving the community, fill out a biographical form and get a few friends to vote for him. Not so, anymore. Condominium and community association boards need to be sophisticated and capable of running small municipalities. After all, our associations are just that - mini governments with an executive branch (the board), taxes (annual assessments), and laws (documents, rules, regulations, and resolutions).

Today, candidates often run for these "volunteer" positions. They campaign and attend Meet the Candidate nights where they answer questions on their ideas and positions on community policies and procedures. Homeowners are more interested in the process and who will be representing them on the board. Once elected, these folks face questions and sometimes criticism of their decisions. It makes you wonder why anyone would want to serve on a board. The answer is simple. If you are not part of the solution, then you are part of the problem. Fortunately, most homeowners believe that in addition to the benefits of community living, there is also an obligation to help maintain the community the way it was intended by the developer and make improvements to stay competitive with new communities in the marketplace.

Music for All Ages with Bobby and Carlotta returns to Apache Wells on Tuesday March 16th. Put on your best western duds, your dancing shoes or boots and come join your friends and neighbors in Room A/C for dancing and singing and a whole lot of fun from 6PM to 9PM. Admission is just $2.00. BYOB and snacks. Remember how much fun you had last time? We're going to do it all over again! Sponsored by Apache Wells Softball.

While conflict is inevitable, we do have choices about how we are going to deal with it. When handled in a constructive manner, conflict can be a catalyst for new awareness, new understanding, creative solutions and enhanced relationships. However, we don't always deal with conflict in a constructive way and sometimes don't deal with it at all. Conflicts rarely get better with time. Here are some SMART suggestions for how to deal with conflict the next time it arises.

Speak Directly. Talk directly with the person with whom you have the problem unless there is a threat of violence. Meet face to face or talk over the phone to explain your concern in a positive, respectful manner. Direct conversation is much more effective than sending an anonymous letter, banging on the wall or complaining to your friends and neighbors.

Plan What You Will Say. Think about what you want to say in advance. You will want to talk about the problem as you see it and how it affects you. You want to help the other person understand that a problem exists and invite them to help you find a solution that you can both live with.

Choose a "Good Time". Choose to talk with your neighbor when there will be enough time for a thorough discussion. Consider a time when you think the other person will be most receptive. A quiet place where you won't be easily disturbed can make it easier to talk and listen.

Speak Openly and Honestly. Have a positive attitude about finding solutions. Anger or blaming the other person makes it difficult for him to hear and understand your concerns. Remain open to hear a different perspective than your own, seeking to understand before being understood.

Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues. Regenesis publishes The Regenesis Report, a FREE monthly newsletter for HOA Boards, homeowners, developers and managers. To subscribe, go to Regenesis.net.

Mediation: a method used to allow all parties to have ownership of the process of settling disputes, by crafting agreements that they can both live with.

My definition of a community association committee is: An organized group of individuals that addresses specific issues of the association and then provides recommendations to the board of directors.

There are three types of committees: mandatory, standing and ad hoc. Mandatory committees are "mandated" in the association's governing documents. That means that if the declaration states that "there shall be a Nominating Committee", the board must ensure that there is a Nominating Committee that complies with the functions detailed in the declaration.

Standing committees exist indefinitely or until the board decides their purpose is no longer needed. Standing committees have ongoing and often repetitive tasks to accomplish. These committees may be mandated in the association's documents or, more typically, are created by the board to fulfill a continuing need, such as a landscape committee, maintenance committee, or budget committee.

Ad-Hoc committees are established and appointed by the board of directors for a specific purpose or a planned project. These committees are usually dissolved after the task is accomplished, such as selecting a new exterior paint color or submitting recommendations regarding refurbishment of the clubhouse. As with most standing committees, ad-hoc committees are formed by board resolution which states the committee's powers and responsibilities.

The powers of the committee are limited to research, investigation, obtaining proposals, and submitting a written recommendation to the board of directors. Normally only the ACC/ARB (Architectural Control Committee or Architectural Review Board), if mandated and detailed in the governing documents, is allowed to make decisions for the board. All other committees are in an advisory capacity only. The board is not obligated to accept a committee's recommendations, although it would certainly be disheartening to the committee members if, after their hard work, the board ignores their advice.

This Friday, February 26th, turkey soup and fresh French bread will be served followed by the 1985 movie titled "Izzy and Moe" starring Jackie Gleason and Art Carney. Table service will be provided. Cookies to share will be greatly appreciated. The doors of Room A will open at 6:00PM. Come enjoy the social gathering.

Honeymooners stars Jackie Gleason and Art Carney re-team for this tea-totaling comedy about a pair of down-on-their-luck vaudeville actors who go to work as prohibition agents. The time is the Roaring Twenties, and the advent of the motion picture has made vaudeville old news. When the stage lights dim, actors Isadore Einstein and Morris Smith are forced to consider another line of work. Now, in order to keep food on the table and help halt crime, Isadore and Morris begin using their unique penchant for disguise to bust the local speakeasies and stop the mob from ruling the streets. Unfortunately for Isadore and Morris, the mob isn't willing to loosen their grip on the lucrative alcohol trade quite so easily, and the duo soon finds themselves targeted by some of the meanest criminals that the underworld has to offer.

The public is cordially invited to attend the Commemorative Air Force's (CAF) Arizona Wing Aviation Museum's Mustangs & Muscle Cars Charity Car Show, sponsored by Berg Ford on Saturday February 13 from 10AM to 3PM at Falcon Field. The show's theme features WWII P-51 Mustang fighters, along with both classic and new cars. The car show is open to all makes, models and years of muscle cars, street rods, 4X4's, exotics, imports and motorcycles.

UPDATE: The 225 openings for car show entries are now filled. REGISTRATION HAS CLOSED.

Admission price for ages 13 to adult is $10, Seniors 62 and older is $9, ages 5-12 is $3 and children under the age of 5 are admitted free. Rides are also available on a WWII B-17, a C-45 and a SNJ/T-6 trainer. Gift certificates may be purchased for flights on Sentimental Journey or other warbirds. The museums gift shop has many aviation gifts available for that unique gift. Food and drinks will be available.

The CAF Arizona Wing Aviation Museum is located at 2017 N. Greenfield Road. Doors will be open from 10 a.m. until 4 p.m. Warbirds on display for the car show include the B-17 Sentimental Journey, B-25 Mitchell Bomber, North American SNJ/T-6 and Stearman trainers, and many more. Exhibit displays include a tribute to the B-17 Chow Hound, honoring fallen Airmen and the 91st Bomb Group, the Tuskegee Airmen, the Flying Tigers, the China Burma India Theater and Women in Aviation, including the Women's Air Force Service Pilots (WASPS) of WWII plus others.

In addition, there will be Hot Wheel racing for the kids, sponsored by KMJ Diecast, as well as music provided by a local DJ playing hits from the 70's, 80's and 90's.

For more information on The Commemorative Air Force Aviation Museum please call 480-924-1940 or visit their web site at www.azcaf.org.

L-R: Pres. Paul DeMond, 1st V.P. Dale Teich, 2nd V.P. Walt Winder, Sec. Carolyn Agee, Treas. Barbara Bastedo

Homeowners gathered in the Apache Wells Country Club Hall this evening a 7:00PM for their Annual Meeting. The purpose of the meeting was to introduce the 3 newly elected Board members, swear in the Board of Directors and to announce the officers for 2010. Mr. Charles Maxwell, of Maxwell & Morgan, P.C., AWHA's attorney presented information about open meetings notification and different ways of voting in person. The meeting was called to order by President Cheri Whalen at 7:29PM. There were 142 residents in attendance. Terrie Teten, Crime Prevention Officer for the City of Mesa, presented information regarding the break-ins this past summer in our community. There will be a Neighborhood Watch organizational meeting on Monday January 25 at 9:30AM in Room A with Crime Prevention officers. Bev Fourcade, who is resigning, was recognized for her two years as volunteer Activity Director. Brittany Krupnik was introduced as the part-time paid employee who will replace Bev and begin in that position on February 1. A plaque of appreciation was presented to Cheri Whalen for her service as President in 2009. Retiring directors Jim Bonnell, Ernie Shoults and Irv St. John were thanked for their service to the community. The 50/50 Raffle was won by Ron Engel. The meeting was adjourned at 8:40PM.

I locked my car. As I walked away I heard my car door unlock. I went back and locked my car again three times. Each time, as soon as I started to walk away, I would hear it unlock again!! Naturally alarmed, I looked around and there were two guys sitting in a car in the fire lane next to the store. They were obviously watching me intently and there was no doubt they were somehow involved in this very weird situation. I quickly chucked the errand I was on, jumped in my car and sped away. I went straight to the police station where I told them what had happened and found out I was part of a new and very successful scheme being used to gain entry into cars.

Two weeks later, my friend's son had a similar happening. While traveling, my friend's son stopped at a roadside rest area to use the bathroom. When he came out to his car less than 4-5 minutes later, someone had gotten into his car and stolen his cell phone, laptop computer, GPS navigator and briefcase. He called the police and since there were no signs of his car being broken into, the police told him he had been a victim of the latest robbery tactic. There is an electronic device that robbers are using now to clone your security code when you lock your doors on your car using your key-chain locking device.

Thieves sit a distance away and watch for their next victim. They know you are going inside the store, restaurant, or bathroom and that they now have a few minutes to steal and run. The police officer said to manually lock your car door-by hitting the lock button inside the car. That way if there is someone sitting in a parking lot watching for their next victim, it will not be you.

When you hit the lock button on your car upon exiting, it does not send the security code, but if you walk away and use the door lock on your key chain, it sends the code through the airwaves where it can be instantly stolen. This is a very real threat.

Be wisely aware of what you just read and please pass this note on. Look how many times we all lock our doors with our remote just to be sure we remembered to lock them and bingo, someone has our code and whatever was in our car.

Editor's Note: Read more about thieves armed with "code grabbers" gaining access to cars. Is it a real threat or just a hoax? Click here to see what Snopes.com has to say.

1. Dale Teich .......................... 675
2. Walt Winder ....................... 672
3. Barbara Bastedo ................. 625
4. Joice Lange ......................... 323

The top 3 Directors-elect will be sworn in at the AWHOA Annual Meeting scheduled for January 19th at 7:00PM in the AWCC Hall. They will replace outgoing Directors Ernie Shoults, Irv St. John and Jim Bonnell who finished the term of former Board President Bing Miller.

The Mesa Office of Neighborhood Outreach will again offer the Homeowners Association Academy - providing information about various aspects of HOA membership and management in six sessions over a seven-week period starting January 13th. Sessions should be of interest to area HOA residents, homeowner advocacy groups and Boards of Directors. Participants are invited to attend any or all of these sessions.

DETAILS
Cost: $10 per person per session for Mesa residents payable at the door
Location: Mesa Utilities Building 640 N. Mesa Drive, Mesa AZ 85201
Dates: Wednesdays January 13 to February 17, 2010
Time: 6:00-8:30PM
Directions: View Map
Click here to PRINT a copy of HOA Academy flyer

SESSIONS
January 13: "HOA 101" This class explores the responsibilities and challenges associated with running an HOA, including structure, obligations, committees and vendors.
January 20: "Legal Aspects of HOAs" In this class, community association attorneys speak on the creation and enforcement of CC&Rs, legal jurisdictions, obligations and homeowner's rights.
January 27: "Budgets, Financial Statements and Reserve Studies" In this class, HOA specialists cover fiduciary responsibilities, reserve amounts, budgets and audits.
February 3: NO CLASS
February 10: "Codes, Covenants & Restrictions (CC&Rs)" This class covers how to enforce CC&Rs with fairness and in the best interest of the community.
February 17: "How to Conduct Successful & Peaceful Meetings" This class will cover Robert's Rules of Order, creating an agenda, keeping minutes, establishing ground rules, and how to address conflict and security issues.
February 24: "Selecting a Management Company & Other Vendors" This class explores how to determine specifications, request, review and analyze bids, and how to make the final selections.

For More Information:
Contact the Leadership Centre at www.theleadershipcentre.org or Call 480-732-7174 to register. Space is limited.

The association's swimming pool will be closed beginning Monday January 4 through mid-February for maintenance repairs. The hot tub will be open when possible. During this time we can use the pool at The Villages at Apache Wells which is across 56th Street from our HOA office. Hours are 9am-9pm. Enter through their clubhouse and sign in on the sheets provided. You must wear your name badge. It will be your responsibility to roll the sun cover back and replace it when done if no one else is in the pool. Remember that we are their guests and respect their generosity shown to us.
UPDATE 1/5/10: At a hastily called Special Board Meeting on December 22, 2009 the Board voted to fill in the 8 foot deep end of the Association pool to a depth of 5 1/2 feet. We have received numerous calls from concerned homeowners who use the pool regularly and are extremely upset with the Board for voting this "depth conversion" without any input from them. We realize that the Board has the right to approve contracts they deem appropriate, but to bypass input from homeowners is a clear disregard for the openness and transparency they were promised by the Board. We have requested a copy of the minutes of the Special Board Meeting and also an explanation as to why this decision was made. We will post both when we receive them.

UPDATE 1/6/10: Board President Cheri Whalen has agreed to add "depth conversion" (aka "filling in the deep end") of the swimming pool to the agenda of the Board of Directors meeting scheduled for 8:00AM Thursday January 7th in the Administration Building. Homeowners, especially those who use the pool, are encouraged to attend and offer their input on this issue. Work on this part of the pool renovation project will be postponed until after the meeting.
UPDATE 1/7/10: At today's regular meeting of the Board of Directors and following input from homeowners in attendance, the Board reaffirmed a previous vote to fill in the deep end of the swimming pool to a depth of 5 1/2 feet. The main reason cited for this decision was one of cost savings for heating, cooling, water use, electricity and chemicals. We will post the minutes of this meeting when they become available.

UPDATE 1/15/10: The Village at Apache Wells has been so generous to let us use their pool while ours is being repaired. Their community is much smaller than ours and their pool size represents this. Our use should not interfere with their pleasure by taking up chairs on the deckside and leaving no room for them. Please do your sunbathing at home. Remember that we are their guests. Respect their generosity shown to us. We may be in a situation to ask for their help again some day. FYI... the pool repair work is on schedule as planned. (Source: AWHOA Email)
UPDATE 2/5/10: Even though six days of work on the swimming pool were lost due to the rainy days, construction is on schedule to be completed about February 15th. A Grand Opening celebration is being planned for March 19th. Details will be made available when complete. (Source: AWHOA Email)
UPDATE 2/10/10: Project Supervisor Jim Bonnell anounced at the homeowners meeting tonight that the completion date has been pushed up to the February 18th.
UPDATE 2/17/10: There will be a "cleaning bee" at poolside on Wednesday February 17 beginning at 8:00AM to get the area back in shape. Please feel free to come for all or part of the morning to lend a hand. Thank you, Gail Fassett.

Check back for periodic updates and new photos on the progress of the pool work.

UPDATE 1/5/10: Carolyn Agee, Chairman of the Election Committee, has informed us that the sealed white envelope with your name, signature, lot number and date containing the sealed BALLOT ENVELOPE must be deposited together into the Ballot Box in the AWHOA Office.

Homeowners who use U.S. Mail to send their ballots to the AWHOA should place their small sealed BALLOT ENVELOPE in the larger white mailing envelope, seal it, complete the information on the back of the mailing envelope, affix a stamp and mail it. Be sure to mail your ballot in time to arrive no later than 2:30PM on Tuesday January 12, 2010. When received, the Election Committee will deposit the sealed white mailing envelope containing the sealed BALLOT ENVELOPE into the Ballot Box in the AWHOA Office.

On 1/13/10 the Election Committee will register and open the white mailing envelopes and place the sealed BALLOT ENVELOPES in a separate box with others. The sealed BALLOT ENVELOPES will then be opened and the ballots will be counted. Results will be made available to members as soon as possible.

REMINDER: Homeowners should read and follow the instructions that are printed on their ballot carefully to avoid having their ballot disqualified. If you have any questions or concerns on this procedure, contact the AWHOA Office at 480-832-1550 from 9AM-3PM.

As a member of the Apache Wells Homeowners Association, please exercise your right to vote January 4-8 and 11-12. Thank you.

COMMENTARY: Over the past few years, new voting procedures in Apache Wells have come and gone. Most of us know the history of the changes that were made that would ensure a secret ballot and expedite the process, while at the same time saving the association some money. Many of these changes only produced concerns among the homeowners.

With absentee homeowners, a depressed economy, illness, family visits out of state and other situations that require attention, voting for new Directors can sink to the bottom of the "To-Do" list. It is quite possible that some time in the near future voting in person will become a thing of the past.

Perhaps in our lifetime we may someday vote via the Apache Wells website or by email, telephone, cell phone or some other electronic means.

In the interim, it could be that this time the AWHOA officials might have gotten it right. Everyone gets an absentee ballot and they then decide who to vote for and how to vote. In-person voting without the meeting and voting booths in the HOA Office or absentee voting by U.S. Mail? You choose the method and demand that your ballot be kept secret.

Everyone should have received his or her Board of Directors Election ballot by now. You either picked it up in the HOA Office or received it by mail. If not, contact the office at 832-1550. Hopefully you have opened it, examined the contents and carefully read the instructions. If you are voting absentee, follow the instructions and mail it to arrive before 2:30PM on Tuesday January 12, 2010. Don't forget the stamp. If you plan to vote in-person, you may do so on January 4-8 and 11-12 from 9:00AM to 3:00PM in the HOA Office. With that said, let's GET OUT THE VOTE! NO EXCUSES!

Swine-flu vaccine available to all starting today!
By Anne Ryman
The Arizona Republic

You may want to add a swine-flu shot to your holiday shopping list this weekend.

Arizona counties are opening up the vaccine beginning Saturday to anyone who wants it after the state received its largest shipment to date of swine-flu, or H1N1, vaccine doses. Some individual clinics and doctors' offices are already giving the vaccine to anyone who requests it.

Until now, the vaccine has been limited to people who fell into certain high-priority groups, including pregnant women, toddlers and very young children. Hundreds of vaccination clinics are scheduled over the next several days at various retailers.

State health officials say a fresh shipment of 400,000 doses of vaccine this week, an unusually large amount, prompted them to open up the vaccine to everyone. This weekend is a good time to get vaccinated because people are off work, children are out of school and many people are shopping.

"People may have to wait in line a little, but they should be able to get their H1N1 vaccine," said Cara Christ, medical director for the Arizona Department of Health Services.

Complaints about aircraft noise at Falcon Field, the nation's fourth busiest general aviation airport, have declined dramatically under new flight patterns orchestrated by air- traffic controllers, city data show.

Pilots and students of a controversial flight training academy are flying less frequently over neighborhoods during takeoffs and are reaching higher altitudes more quickly to reduce ground decibel levels, airport director Corinne Nystrom told a Falcon Field association of pilots and business owners Wednesday.

Training aircraft also have reduced nighttime operations, she said. The number of noise complaints dropped to 18 in November from 69 the month before. Twelve of the November complaints came from a single household, compared to 22 in October, Nystrom said.

"Also, the data we are compiling indicates that the geographic location of the (complaining) households is more evenly distributed throughout the traffic pattern airspace than previously," Nystrom said during the Falcon Field Tenants and Users Association meeting.

Most of the complaints came from a neighborhood southwest of the airport, where homes are about three-quarters of a mile from one of the two runways.

The Mesa City Codes (aka "City Ordinances") are available online in both Microsoft Word and Adobe PDF format and were last updated to include all ordinances passed and adopted up to September 30, 2009. More recent ordinances not yet reflected in the updated Code Book are listed in red next to the Title/Section they amend. The dates that these ordinances were passed and adopted by City Council as well as their effective dates are also indicated. Please note that in an effort to save space some shorter sections have been consolidated into one document. If you have any questions, please call the Mesa City Clerk's Office at (480) 644-2099.

Editor's Note: The reason that we are providing our homeowners with a link to the City of Mesa Code Book is that we occasionally are told that "The City of Mesa requires.........." Should an issue arise pertaining to a city ordinance; homeowners will have a ready reference to consult.

QUESTION: We were recently told by a member of the Board of Directors that the City of Mesa requires that trash be picked up twice a week. Is this a city ordinance or not?
ANSWER: Here is what we found in the Code Book under Title 8 Solid Waste.
8-3-3 COLLECTION AGENCY:
Solid waste shall only be collected by the City or by private haulers (business establishments only) that have obtained a permit, license, franchise, or contract from the City authorizing private collection.
8-3-28 DEFINITIONS:
NONPARTICIPANT: A residential customer within any area of the City where the residential recycling program is in effect who is not participating in the residential recycling program, either by choice or by action of the City.
8-3-30 RECYCLING PROGRAM NONPARTICIPANTS:
(A) A nonparticipant shall not receive a blue barrel and shall receive once-per-week solid waste collection consistent with Article I of this Chapter. If twice-per-week collection is desired by the nonparticipant, it will be made available and an extra fee charged. The City will assess this fee on a monthly basis in addition to the regular monthly service fee, and in part, this will offset the additional collection charge associated with a second weekly pickup.

UPDATE 12/7/09: At a meeting with members of the Board of Directors today we learned that Maricopa County controls the frequency of our trash collections and not the City of Mesa. The ordinance is below. See SECTION 5 P. 22 of the PDF file.

P-14 - HEALTH CODE: Defines purpose and regulations for all levels and aspects of administration and care. Establishes location at Environmental Services. (Adopted 12/12/1966; Effective 1/1/1967)

REGULATION 4. Frequency of Collection
a. The frequency of collection shall be in accordance with regulation of the collection agency but not less than shown in the following schedules:
___ (1) Garbage only - twice weekly
___ (2) Refuse with garbage - twice weekly
___ (3) Rubbish and ashes - as often as necessary to prevent nuisances and fly breeding.
R-9-80
b. Any proposal for a variance from the required frequency of collection must first be approved by the Department. The proposal will include a plan that demonstrates that no public health hazard or nuisance will exist and that fly breeding will be controlled by either biological, chemical or mechanical means. After a plan is found to be acceptable by the Department, it must also receive approval from the Arizona Department of Environmental Quality who will then grant the variance prior to implementation of the plan.

For those who have suggested once a week trash collection as a cost saving measure, we are trumped by Maricopa County REGULATION 4. Frequency of Collection.

New Apache Wells country club delights and unites
By Art Thomason
The Arizona Republic

Folks at Apache Wells say they got a bargain for $3.1 million. Just days after its opening, the sprawling multipurpose country club has become part social center, part town hall and part hot new nightspot. It's also equipped with lots of versatile space, from a ballroom to expandable conference accommodations that generate rental revenue. Yet, one of its biggest contributions, say members, is that it has become a source of emotional healing in the east Mesa golf course community, results that money can't buy.

Many homeowners who opposed its construction in a dispute that divided the 1,400-home community are among its customers, a sign that the bitter struggle is finally being put to rest, said Jim Nosbish, a member of the country club's board. Some of them now say that they wish that they had supported it.

"This facility is not only good for Apache Wells, it's good for Mesa,"Nosbish said. "I'm so proud of our community."

The parent of the East Valley Tribune said it has received a letter of intent to buy the newspaper and keep it and its Web site running, according to an article posted on the site. The potential buyer was not named but reportedly would retain a "substantial" number of employees, publisher Julie Moreno said in the article.

In January 2010 Apache Wells homeowners will once again vote to elect three new members to the Board of Directors. This time they will not be able to go to the polls to cast their ballot as in the past, but to the AWHOA office, the nearest mailbox or their local post office. Once again a new set of voting procedures has been announced by the Board and will be in place for voting January 4-12, 2010. All voting will be by absentee ballot.

Once upon a time Apache Wells had a dedicated, hard working group of volunteers who served on the Election Committee. It was headed by long time resident and former Board President Dee Miller. Dee and her team conducted elections honestly, smoothly and with the full confidence of the homeowners for many years. Then along came a new administration that felt that they knew how to run an election and in March of 2008, Dee and her committee were ousted. The reason, as former resident and former Board President Bing Miller stated, was "in the attempt to bring in an independent disinterested organization to eliminate any post election debates as to violations of conduct regarding our residents that served on the Election Committee". Dee, you see, was and is the treasurer of Save Apache Wells. This group of homeowners had successfully sued and won a court decision in 2007 to stop a $6020 special assessment on each lot owner to fund an $8.5 million building. (For details of the lawsuit and the courtï¿½s decision, please refer to the events of 2007 in our archives.)

In the past, Board-sponsored voting procedures often changed like the seasons of the year. Here are several examples that caused concern for homeowners. In-person voting times went from 8AM-5PM to 8AM-3PM, which prevented some working residents from casting their ballot at the polling place. Absentee ballots sent to our Canadian residents failed to reach them in time for them to be returned before the voting deadline. The ballot box made several trips from one place to another in the main office. Some residents refused to vote because their name and lot number would be placed on their ballot. Maricopa County was hired to run an election, but it turned out that they only provided the ballots and ballot counting equipment, while volunteers ended up doing the bulk of the work. One former Board member commenting on the numerous changes to our election procedures went as far as to say "we'll keep making changes until we get it right".

Below are the planned changes for the 2010 election for Board of Directors. There will be no Election Day, polling place or voting booths for homeowners to cast their secret ballot in person. Voting will be by absentee ballot only. This will save the AWHOA some money, but could effectively doom the secret ballot.

___ Dec. 10: petitioned candidates' petitions to Secretary by 6:00PM
___ Dec. 11: verify signatures on petitions
___ Dec. 14: print ballots and bios
___ Dec. 15: Meet The Candidates Night 7PM at AW Community Church social hall
___ Dec. 16, 9:00AM-3:00PM: residents pick up and sign for ballots by persons of record, and providing valid photo ID, from the Election Committee in the Homeowners Office
___ Dec 16 & 17: remaining ballots will be mailed
___ Jan. 4-8 & 11-12, 9:00AM-3:00PM: *ballots may be deposited in the guarded and double-locked ballot box in the Homeowners Office
___ Jan. 12, 2:30PM: final pick-up of ballots returned by mail from the Post Office. Count ballots.
___ Jan. 19, 7:00PM: Annual AWHA Meeting, retiring of the 3 outgoing directors, swearing in of the 3 elected directors.
Editor's Note: *A.R.S. 33-1812 states that "The association shall provide for votes to be cast in person and by absentee ballot and may provide for voting by some other form of delivery." We are assuming that by having homeowners deposit their absentee ballot in the guarded and double-locked ballot box in the HOA Office that this procedure will constitute the in person voting requirement of the statute. Although it seems to be a contradiction in terms, in person absentee voting has become common practice throughout the country. We understand that there will be 2 envelopes, an outer envelope with homeowner information and an inner envelope with only the folded ballot. Homeowners voting in person will deposit their inner envelope in ballot box. Ballots that are received by mail will have the inner envelope deposited in the ballot box by the Election Committee. Maintaining the integrity of the inner envelope will be essential to keeping the homeowners' votes secret.

2010 Candidates: Art Hilarides, Joice Lange, Dale Teich, and Walt Winder. Other residents may run through the petition nomination process outlined in ARTICLE V BOARD OF DIRECTORS Section 2. B. of our bylaws.
Nominating Committee: Irv St. John, Liz Mangini, Joyce Long, Sharon Norman, Marilyn Johnson.
Election Committee (Voting and Registration): Carolyn Agee, Sandra Johnson, Caryl and Ray Johnson, Mary Kramer, Sherm Lindell, Dori Ray, Edie and Dick Riley.

COMMENTARY: Apache Wells is unique among communities. If you drive down Hermosa Vista Drive or Player Place or any of the streets of our wonderful community you will not see the cookie-cutter homes of an Alta Mesa or Red Mountain Ranch. You will see single-wide and double-wide mobile homes, some in good repair and some not. There are manufactured homes of all description too. Finally there are site-built homes which range from modest to downright ostentatious. The homes reflect the financial health of the occupants.

Each year the AWHOA Board sees fit to raise the general assessment dues. This year the boost is 8.86% to $49 per month or $588 for the year, well within the limit of 10% allowed by state statute. Should the Board be allowed to do this just because legally they can? What about the homeowners who retired many years ago and live on a fixed income? Many have received notices that there will be no COLA (Cost Of Living Adjustment) to their retirement income this year. Many others have lost a large portion of their investments.

The budget should reflect the current economic times. It is the fiduciary responsibility of the Board to do right by all the members and they need to cut the fat from the proposed 2010 Budget and reduce the general assessment dues.

Got a comment? Send it to sawcommittee@gmail.com and we'll post it on our OPINIONS & FEEDBACK page. Please include your name and lot number.

The Tribune Newspapers will cease operations on December 31, parent company Freedom Communications said Monday.

Freedom officials made the announcement to Tribune employees Monday morning, citing the economic recession and changes in the newspaper industry that have caused many publications to close and others to file for bankruptcy protection.

Freedom, which itself is operating under Chapter 11 reorganization, had been attempting to sell the Tribune, but no acceptable offers have come forward, said interim Chief Executive Burl Osborne.

"We have received a number of inquiries, but none at a level we would remotely consider," he said, adding, "This is a terrible day for the company, a terrible day for the Tribune."

Osborne said the company would consider any other offer that might be presented before Dec. 31, but the company is moving ahead with winding down the operation in expectation of closing.

Editor's Note: We wish to thank the EV Tribune Newspaper and its staff for the coverage of Apache Wells community issues that it has provided over the past few years. We will surely miss the Tribune if a buyer is not found by the end of the year.

Apache Wells Country Club members celebrated the Grand Opening of their new building today. First proposed in late 2006 as a cooperative venture between the AWHOA and AWCC, the building was eventually funded by the country club alone following a lawsuit filed by a group of homeowners who opposed the plan.

A Brief Timeline:
12/06/06 - Proposal for an $8 million Community Center presented to homeowners by the Long Range Planning Committee at a Town Hall Meeting
02/14/07 - AWCC votes 324-53 to demolish their 40 year-old clubhouse and sell the land to the AWHOA for $700,000
02/21/07 - AWHOA members vote 644-594 for a $6,020 special assessment to fund $8.5 million Community Center
03/22/07 - SAW files lawsuit to stop project on behalf of supporters and the wording of special assessment bylaw
08/20/07 - Superior Court Judge Bethany G. Hicks rules in SAW's favor that election is invalid based on the wording of the bylaw
11/23/07 - AWCC Board announces that a new AWCC facility will be financed by its 485 certificate holders
01/11/08 - AWCC members vote 216-140 to approve a special assessment to fund a $3.1 million facility
11/05/08 - Demolition begins on old AWCC facility

We congratulate the AWCC members on their new facility and wish them success with their new clubhouse. The completion of their project, however, was not without a difficult period of time in which the Apache Wells community was deeply divided over funding for the project. We sincerely hope that in time, we can come together as a community of friends and neighbors.

Halloween is an annual celebration, but just what is it actually a celebration of? And how did this peculiar custom originate? Is it, as some claim, a kind of demon worship? Or is it just a harmless vestige of some ancient pagan ritual?

The word itself, "Halloween," actually has its origins in the Catholic Church. It comes from a contracted corruption of All Hallows Eve. November 1, "All Hollows Day" (or "All Saints Day"), is a Catholic day of observance in honor of saints. But, in the 5th century BC, in Celtic Ireland, summer officially ended on October 31. The holiday was called Samhain (sow-en), the Celtic New year.

One story says that, on that day, the disembodied spirits of all those who had died throughout the preceding year would come back in search of living bodies to possess for the next year. It was believed to be their only hope for the afterlife. The Celts believed all laws of space and time were suspended during this time, allowing the spirit world to intermingle with the living.

Naturally, the still-living did not want to be possessed. So on the night of October 31, villagers would extinguish the fires in their homes, to make them cold and undesirable. They would then dress up in all manner of ghoulish costumes and noisily paraded around the neighborhood, being as destructive as possible in order to frighten away spirits looking for bodies to possess.

Probably a better explanation of why the Celts extinguished their fires was not to discourage spirit possession, but so that all the Celtic tribes could relight their fires from a common source, the Druidic fire that was kept burning in the Middle of Ireland, at Usinach.

Some accounts tell of how the Celts would burn someone at the stake who was thought to have already been possessed, as sort of a lesson to the spirits. Other accounts of Celtic history debunk these stories as myth.

The wall along Recker Road has been "surgically" altered to comply with City of Mesa code. Access to Player Place, Hermosa Vista Drive and Leonora Street from Recker Road posed a danger to homeowners backing out of their driveways. Drivers turning into these three Apache Wells access roads from Recker ran the risk of colliding with unsuspecting homeowners due to the wall obscuring their view. Thirty feet of the wall has been removed down to a height of three feet, which now affords a view of a vehicle backing out. On the other side of the community, similar "surgery" was performed on the wall at the intersection of Higley Road and Hermosa Vista Drive to ensure the safety of vehicles entering or leaving.

At the October 13th HOA meeting, it was suggested that volunteers might handle the required "surgery", but it was later revealed that the City of Mesa required a local contractor to complete the work. A bid of $2600 was accepted and the work was completed on October 19th.

On Sunday November 16, 2008 a fast-moving fire destroyed the home of Ken and Betty Harper on Player Place. Tragically Betty lost her husband along with the family dog, their vehicle and all of their belongings.

Following the fire, homeowner Joice Lange along with our current AWHOA Board President Cheri Whalen initiated a community-wide drive to solicit donations from homeowners to help Betty get back on her feet. The response by Apache Wells residents was immediate and one of caring and generosity. Those who were contacted in person at their homes did not hesitate to contribute. A letter posted on our website and circulated throughout the community resulted in donations being mailed to or dropped off at the Lange's residence. The response, according to those involved in the drive, was "just incredible!" Almost $9,000 was raised.

Nearly a year later, Betty is back in Apache Wells and in her new home on her lot on Player Place. Betty recently commented that she knew she would be back to Apache Wells to be with her friends and neighbors who had reached out to her in her time of need. Welcome back Betty, we missed you!

Recently, Nancy Brand of Newton, MA, received a disconcerting letter from a former employer: A laptop containing her name, address, and social security number had been stolen from the company. As a precaution, the company offered her a year of free credit monitoring services to safeguard her from identity theft.

Consumer rights group Identity Theft Resource Center (ITRC) reports the number of publicly reported data breaches in the U.S. rose to unprecedented levels in 2007 and security experts say the trend isn't expected to turn around anytime soon. In fact, the ITRC predicts identity theft will continue to grow more international in scope in 2008-2009.

As hackers stay a step ahead of security measures, and laptops containing sensitive information continue to disappear, it should come as no surprise that there were over 10 million identity theft victims in the U.S. and more than 4 million victims in the UK.

According to the Federal Trade Commission, victims of identity theft spend, on average, between 400 and 600 hours undoing the damage and clearing their name.

Fortunately, there are ways to help you recover more quickly from identity theft, if you're ever unlucky enough to become a victim.

Here are the six steps you must take as soon as you suspect your identity has been stolen:
___(1) Place a fraud alert. Contact any of the three national credit bureaus www.equifax.com, www.experian.com, www.transunion.com) to place a fraud alert on your credit report. This will prevent thieves from opening additional accounts in your name, and entitle you to free copies of your credit reports.
___(2) Contact creditors. Close any new accounts opened fraudulently or existing accounts you believe have been tampered with. Contact a representative in the security or fraud department of each company and make sure to follow up in writing, including copies of any supporting documents. It's a good idea to send your correspondence by certified mail, and request a return receipt.
___(3) File a complaint with the FTC. By making an identity theft complaint with the FTC, you will help law enforcement officials across the nation track down identity thieves and stop them. You can file a complaint online at www.ftc.gov, by phone at 1-877-IDTHEFT (438-4338), or by mail: Identity Theft Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580.
___(4) Report the crime. Contact your local law enforcement authorities and file a report. It will help you deal with creditors who need proof of the crime. If the crime involved the U.S. Mail, contact your nearest U.S. Postal Inspection Service office and report it there too.
___(5) Scrutinize your credit reports. Once you get your reports, carefully look for inquiries from companies you haven't contacted, accounts you didn't open, and charges you can't explain. If you find fraudulent or inaccurate information, ask the credit bureaus to remove it.
___(6) Stay vigilant. Continue to monitor your credit reports once every three months in the first year of the theft, and once a year thereafter. Read your financial account statements promptly and carefully. Watch out for other signs of ID theft such as: your bills don't arrive on time, you receive credit cards that you didn't apply for, you're denied credit, or you receive calls or letters from debt collectors.

Identity theft is a complex problem and after spending hours of your time writing creditors, calling merchants and dealing with the credit bureaus, you may feel emotionally drained. It is normal for this crime to have an emotional impact on you and your family. So, while you take care of the paperwork, don't forget to take time out to relax, exercise and heal your emotional wounds.

Swing by Painted Mountain Golf Resort's Bag Drop on McKellips between Recker and Power and you will see black wrought iron fencing of similar design, but lacking the concrete block base. The fencing measures 200' and was built as a golf cart storage area. It features 3 large hinged gates at the front and one smaller gate at the left rear. A reliable golf resort source has told us that the total cost of that fence and gates was $10,000.

On July 17, 2009 we posted information and comments made at a Special Board Meeting on the cost and design of the fence. Director Irv St. John felt that $30,000 was a lot to pay for a fence. Many homeowners we've talked to agree with our former Treasurer. Homeowner Mickie Jung was concerned about the lack of privacy for those using the pool and in full view of the country club patio. This too is a concern of many regular pool users.

Did homeowners get their money's worth? Although it is a done deal, we'd welcome comments from our homeowners, including those on the Board of Directors, on this issue.

We will post your comments on our OPINIONS & FEEDBACK page unedited and without comment, as is our policy. Submissions must include name and lot number and may be sent to the e-mail address at the bottom of this page. Any of the views and/or opinions presented in these submissions are solely those of the author and do not necessarily represent those of the Save Apache Wells Committee or their supporters.

UPDATE 10/8/09:
At the October Board of Directors meeting, Board member Jim Bonnell agreed to meet with Bob Teague, website editor, and provide a full financial accounting of the pool fence project which will be made available to homeowners on our website when it becomes available. View chart detailing Pool Fence Project costs that was later provided to us.

COMMUNITY FORUM SEPTEMBER 30TH ON FALCON FIELD CONCERNS
Members of the Falcon Field Ad Hoc Task Force, created by Mesa Mayor Scott Smith, have been looking into ways to address the rising noise and safety concerns of the airport's neighbors. An East Valley Tribune article below discusses this volatile issue. A community update forum has been scheduled. Here are the details:

At the meeting, the City will provide an overview about the task force process, review the task force recommendations, describe next steps in the implementation efforts and respond to questions. If unable to attend you may provide feedback by using an on-line comment form. Task force meeting summaries and recommendations are also available on-line. Visit Falcon Field's website.

UPDATES: A group of northeast Mesa residents upset with flight training and what they call safety hazards at Falcon Field have delivered a 30-page petition with signatures and comments to the mayor and City Council. Read complete EV Tribune article.

WASHINGTON - Good news in the world's flu fight: One dose of the new swine flu vaccine looks strong enough to protect adults and can spark protection within 10 days of the shot, Australian and U.S. researchers said Thursday.

Australian shot maker CSL Ltd. published results of a study that found between 75 percent and 96 percent of vaccinated people should be protected with one dose, remarkable considering scientists thought it would take two doses.

U.S. data to be released Friday confirm those findings, and show the protection starts rapidly, Dr. Anthony Fauci of the National Institutes of Health told The Associated Press.

The dose question has an important ramification: It means people will have to line up for influenza vaccinations twice this year instead of three times, once for the regular winter flu shot and a second time to be inoculated against swine flu, what doctors call the 2009 H1N1 strain.

The winter flu vaccine is widely available now, and U.S. health authorities urged people Thursday to get it out of the way now before swine flu shots start arriving in mid-October.

People flocking to Valley flu shot clinics!
By Michelle Reese
East Valley Tribune

The seasonal flu vaccine is here and people came out in droves this week to receive it. At six Mollen Clinics around the Valley on Wednesday, twice as many people came on the first day of flu shots compared with last year, said Mollen CEO John Roehm. "The turnout has been excellent," Roehm said. He would not provide specific numbers.

On Wednesday, more than 50 people were waiting in line at one Mesa location before the 10 a.m. start. A majority of those were elderly who said they always come out as soon as the shot is available.

"I missed one year, and I got so deathly ill. I swore I would never get it (the flu) again. So now I get the shot the first day," said John Brunsdon, 74.

Pat Hanns, 78, said she gets the flu vaccine every year. "It's prevention ... It's important for me to stay well and healthy."

Shawni Benson, 39, was at the Mollen Clinic with her mother. She said her children, ages 4 and 6, would get their shots next week from their pediatrician. "You just want to be protected," she said. Benson said she volunteers at her children's schools. "I feel me being protected protects them."

Valley and state health officials have urged the public to get the seasonal flu vaccine to temper the double whammy expected to hit the medical community this year between the seasonal flu and the novel H1N1 virus.

According to the Centers for Disease Control and Prevention, the H1N1 virus is the dominant influenza right now.

The seasonal flu vaccine being administered will not prevent the H1N1 virus. Clinical trials for that vaccine are under way - including some in Arizona. The vaccine for the H1N1 virus could be available to the public by mid- to late October.

The Mesa Police Department's next Citizen Police Academy is scheduled to begin on Sept. 23 and will graduate on Dec. 9. Classes are 6:30-10:00 p.m. Wednesdays at various police department facilities.

The Citizen Police Academy offers a mix of classroom presentations and hands-on experience that combine to give students an insight and understanding of law enforcement's role in our community.

Classes during the 12-week program show what goes into the making of a police officer. The Citizen Police Academy will include presentations on such topics as: traffic, civilian investigators, DUI, homicide, gangs, street crimes, narcotics, crime lab, SWAT, bombs, aviation and range day (participants will get to shoot).

Potential candidates must meet the following criteria: 19 or older, reside or employed in Mesa or family member of Mesa Police Department employee, no prior felony arrests, no misdemeanor arrests within one year of application and pass a background check.

For more information and an application, contact Jen Wills in the Mesa Police Department Training Section at 480-644-4139. Click here to view/print an application form. You can also request an informational packet on the Citizen Police Academy online and it will be mailed to your residence. Visit the Mesa PD website at www.mesaaz.gov/police.

1. Kidnappers and stalkers are not very interested in you.
2. In a hostage situation you are likely to be released first.
3. No one expects you to run..... anywhere.
4. People call at 9 pm and ask,"did I wake you?"
5. People no longer view you as a hypochondriac.
6. There is nothing left to learn the hard way.
7. Things you buy now won't wear out.
8. You can eat supper at 4 pm.
9. Saying that you forgot is enough of an excuse.
10. You get into heated arguments about pension plans.
11. You no longer think of speed limits as a challenge.
12. You quit trying to hold your stomach in no matter who walks into the room.
13. You sing along with elevator music.
14. Your eyes won't get much worse.
15. Your investment in health insurance is finally beginning to pay off.
16. Your joints are more accurate meteorologists than the national weather service.
17. Your secrets are safe with your friends because they can't remember them either.
18. Your supply of brain cells is finally down to manageable size.
19. Your doctor stops telling you to slow down.
20. You no longer get the benefit from an "all you can eat" buffet.
21. People get out of the way when you drive down the street.
22. Your spouse still snores, but you can't hear it.
23. One martini does the work of three.
24. Getting lucky means you find your car in a parking lot.
25. When you have a party the neighbors don't even realize it.

If you have received a document like the one below, IT IS A SCAM. It has been verified by the Attorney General's Office. Destroy it!

Attorney General Terry Goddard has labeled this recent mailing a SCAM. DO NOT respond to it and absolutely DO NOT send any money. His office has filed a lawsuit against this company and has received a restraining order to stop any additional mailings. The U.S. Postal Service will work to return any money that has been sent. Destroy the letter if you received one! Website Editor, Save Apache Wells 081409

The mailing includes a blue envelope addressed to:
PROPERTY TAX REVIEW BOARD
REGIONAL PROCESSING CENTER
PO BOX 66762
PHOENIX, AZ 85082-6762

SCAM UPDATE: Replies from property owners who mailed checks to a supposed property-tax audit scam keep pouring in to the U.S. Postal Inspection Service. Nearly 3,750 replies worth more than $640,000 will be mailed back to individuals who responded to an official-looking property-tax letter soliciting $189 in exchange for a property analysis that would save them considerable money on their taxes. A lawsuit filed by AG Terry Goddard has stopped the mailings. The scam originated in Granada Hills, Calif. 082209

UNOFFICIAL SUMMARY OF AUGUST 11 SPECIAL BOARD MEETING
A Special Board Meeting was held on Tuesday August 11th from 9:00-11:00AM in the Administration Building. The meeting was via conference call as a number of board members were absent from the community. Click here for an UNOFFICIAL MEETING SUMMARY. The 2-hour meeting was well attended by interested homeowners. Only 9 of the 18 items on the agenda were addressed. The remaining items will be taken up at the October board meeting.

Proposed SRP rate increase under fire!
By Dustin Gardiner
The Arizona Republic

As Salt River Project officials try to sell a proposed 8.8 percent increase in electric rates, critics say the utility is avoiding a big question: Where will the money go?

SRP, which has been holding sessions recently in the Southeast Valley on the rate hike proposal, is pitching it as necessary to upgrade existing facilities and invest in renewable energy.

But consumer advocate groups say the details aren't clear, and customers might get buffaloed.

The proposal would increase rates for businesses and residents by about 8.8 percent on average, but most residential payers would see increases close to 10 percent.

SRP's board of directors is scheduled to vote on the plan Oct. 1. New rates would take effect for the November billing cycle.

Groups opposing the increase say it's just not clear why SRP needs such a large rate hike. The increase would generate an estimated $218 million in additional revenue for the state-owned utility, whose board is elected by landowners.

"I can't see the justification for it," said Tim Hogan, executive director of the Arizona Center for Law in the Public Interest. "Getting information out of them is like pulling teeth."

SRP says the money will be used to "maintain and upgrade existing power plants and transmission lines, manage diverse fuel sources and meet strict environmental requirements," according to its news release.

About 25 percent of the increase will go toward energy-efficiency programs and renewable energy.

The remaining 75 percent will primarily cover the costs of opening a new coal-fired power plant in Springerville, said Rob Nichols, SRP manager of corporate pricing.

Hogan said with lower fuel costs and almost no residential growth, there is no reason SRP should ask for a large increase or open a new coal plant.

SRP says the new Springerville plant is necessary to replace older facilities and prepare for future growth.

My inbox has been flooded with emails spreading crazy rumors about health reform so I wanted to share some facts from AARP about what's really going on. Please join me in forwarding these facts to everyone you know. Print them out and pass them around at your social gatherings and other places where people are discussing the issues of the day.

FACT #1: Medicare will not be ended, and no benefits or services will be cut.
Your services will not be ended, nor will your benefits be cut. AARP's position on this could not be clearer. And we have sent this message loud and clear to Congress. While the current proposals include savings in Medicare by cutting out fraud, abuse, waste, and inefficiency, we're standing up and making sure benefits for Medicare recipients are not only fully protected, but are improved.

FACT #2: No legislation currently in Congress would mandate the rationing of care. Period.
Our staff has read all of the legislation circulating in Congress and there are no provisions in these bills that would ration care for our members. None. If any ever did, we would vigorously fight to stop that legislation.

FACT #3: There is no provision of any piece of legislation that would promote euthanasia.
The rumors out there are flat out lies. Right now Medicare does not cover counseling for end-of-life care. The portion of the bill in question would simply provide coverage for optional end-of-life consultations with doctors, so that the patient can be aware of all of the treatment options on the table. It is not mandatory and it has nothing to do with euthanasia.

FACT #4: We have not endorsed President Obama's plan.
In fact, we haven't endorsed any plan. We are supporting reform of our health care system, something that AARP has pushed for many years. We're working closely with Republican and Democratic members of Congress to lower health care costs and to ensure quality affordable coverage for older Americans - and we want reform legislation passed and signed by the president this year.

So what is AARP fighting for in health reform?
1. Stopping insurance companies from charging older Americans unaffordable premiums because of their age.
2. Ending the practice of excluding people from insurance because of pre-existing conditions.
3. Holding down health costs and making insurance coverage more affordable for all Americans.
4. Making prescription drugs more affordable by narrowing the Medicare doughnut hole, bringing generics to market faster, and allowing Medicare to negotiate better drug prices.

HOA fight costs Gilbert family $100,000!
By Blake Herzog
East Valley Tribune

A Gilbert family that cuts down on lodging costs by using a travel trailer is out $100,000 after a two-year battle with a homeowners association over parking the vehicle.

The whole experience soured David Carrington to the point that he rails against HOAs online. He has a personalized license plate on the trailer that reads "BAN HOAS."

"You don't need an entire industry out there to tell you, 'you have a weed, go pull your weeds,'" he said.

Carrington vows to never buy a home in an HOA again, difficult as that may be in a state like Arizona where newer neighborhoods with associations are the norm.

But Joshua Bolen, attorney for the Tone Ranch Estates Homeowners Association, said the association has not been unreasonable, and a judge's order for Carrington to pay his bills after an out-of-court settlement was reached offers proof of that.

Bolen said HOAs and cities alike govern the parking of RVs and other large vehicles.

"They're an eyesore, and associations are formed to allow people to set the tone, the look and feel in the community. And when they're buying into the association, they've essentially bought those characteristics," he said.

The conflict started when Carrington, his wife and children moved into Tone Ranch in 2004. They've had two recreational vehicles, and Carrington maintains both have been kept in off-site storage for the vast majority of that time, in compliance with HOA rules governing the length of time the vehicles can be parked at his home.

Think about that: For all the baking summers since the start of weather record-keeping here more than 110 years ago, the thermometer's mercury has never risen higher than during these 31 days.

The raw numbers are staggering: Nine nights when the temperature didn't fall below 90 degrees; 15 days with highs at 110 and hotter. And almost no rain (0.40 inches - less than half of normal) to cool things down.

Gary Woodall, the new meteorologist in charge of the National Weather Service's Phoenix office, comes from Texas, so he knows a little about summer heat. But what he's hearing from his crew is these extreme temperatures are more often seen in the early summer.

"Out of sync," Woodall said of a calendar that says July with conditions screaming June.

Can CC&Rs and Rules change without a vote?
By Clint G. Goodman
Mesa Republic Weekend Edition
Arizona Republic

QUESTION: Every so often our homeowners association has attorneys review our CC&Rs and rules to make sure they are not outdated. I realize that CC&Rs and rules need to be updated because laws and our community change. However, I wonder if changes to the CC&Rs and rules can be made by the HOA board without any input from the homeowners?

ANSWER: This question depends on what your CC&Rs say. First and foremost, when homeowners purchase their property they agree to abide by the CC&Rs. Most CC&Rs address how rules can be changed. Some CC&Rs allow the HOA board to unilaterally amend rules while other CC&Rs require that any changes be submitted to the membership for a vote.

Remember, just because CC&Rs allow an HOA board to unilaterally amend rules does not mean they should. Courts will strike rules that are unreasonable or reflect arbitrary and capricious decision making.

Editor's Notes: Our Revised Declaration of Covenants Conditions and Restrictions (CC&Rs) were certified and recorded on March 7, 1987. Our CC&Rs state in 8. *Running with the land, amendments, termination, changes. The covenants, restrictions, reservations and conditions contained herein shall run with the land and shall be binding on all persons in interest, all owners of lots, blocks, parcels in the described property unless, by mutual agreement between the Company and a majority of the owners in number of lots said covenants, restrictions, reservations and conditions are amended, changed or terminated in whole or part. Such amendments, changes or terminations shall be effected by instruments in recordable form executed by the Company and filed in the proper office of record.
*Running with the land: A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it.

Approval of amendments to our Bylaws under ARTICLE XIII AMENDMENTS Section 1. Amendment Proposals D. require a two-thirds (2/3) vote of the members present and voting at an annual or special meeting.

Our Bylaws state in ARTICLE V BOARD OF DIRECTORS Section 5. Powers and Duties A. The Board of Directors shall have the power to: (1) Adopt and publish rules and regulations governing the use of the Common Areas and facilities, and the personal conduct of the members and their guests, and to establish penalties for the infraction thereof; also see (2) thru (4) in the AWHOA, Inc. Telephone Book.

In summary, changes to our CC&Rs require a majority vote of the lot owners. Amendments to our Bylaws require a 2/3 majority vote of the members present and voting. Rules on the other hand may be adopted by the Board without a vote of the members. For more information on HOA community documents refer to our April 14-15, 2009 posting.

A Special Meeting of the AWHOA Board of Directors was held at 8:00AM on Friday July 17th in the Administration Building. The purpose of the meeting was to act on funding the Associationï¿½s share of a new pool fence. Directors Carolyn Agee and Don Fourcade were present along with 13 interested homeowners. Executive Office Manager Enga Bach was also present. A conference call was utilized to allow the other 7 Directors to participate in the meeting since they are currently out of Apache Wells. Board President Cheri Whalen conducted the meeting.

The $30,718 bid on construction of the new fence from the Johnson Construction Company was the only bid under consideration. To support this reasoning it was noted that they were already on site building the new AWCC facility. The cost of the fence would be shared equally by the AWCC and the AWHOA with each paying $15,359.

It was pointed out by President Whalen that only $10,000 had been budgeted for the Associations share of the fence for 2009. However, she went on to say that a recent $8,152 tax refund would more than cover the increased cost. The vote for approval was 8-1 in favor with only Director Ernie Shoults casting a no vote.

Several comments were offered during the meeting. Director Irv St. John felt that $30,000 was a lot to pay for a fence. Homeowner Mickie Jung was concerned about the lack of privacy for those using the pool and in full view of the country club patio.

The pool fence will consist of a block base and wrought iron on top. It will be approximately 6ï¿½ tall and not obscure the view of the pool from the country club patio.

Community associations operate and execute their duties based upon an annual budget. That budget is developed and approved by the board of directors but is sometimes subject to a vote of the membership during the association's annual meeting. Requirements for budget approval are typically outlined in the association's by-laws. Throughout the year, the board then monitors the economic condition of the association through periodic (usually monthly) financial reports and updates.

The association's budget is, essentially, an estimate of the income and expenses of the association for the year. A budget reflects an association's policy decisions (as proposed by the board of directors and approved by the members) regarding the programs and services that will be completed during the budget year. Often, the governing documents of the community will define the common property expected to be maintained by the association and other maintenance and service requirements. The budget then establishes what services the community will provide, when they will be done, and how much they are expected to cost.

The budget for the association, as in the case of a personal financial budget, provides a blueprint balancing income and expenses. However, it also serves several other purposes. It allows the community to plan its activities, is the basis for determining the level of assessments, helps control the association's finances, provides for continuity of services, helps maintain the association's desired quality of life for its members, and minimizes the chance of unexpected financial crises.

Forecasters: Heart of monsoon has arrived!
By Alex Dalenberg
The Arizona Republic

The heart of monsoon is finally upon us, forecasters say, meaning Valley residents should brace for the violent thunderstorms that are a hallmark of summer in the Southwest. "We're certainly in the middle of it," said Leslie Wanek, a forecaster for the National Weather Service in Phoenix.

The National Weather Service defines the Arizona monsoon season as the period between June 15 and Sept. 30. But the peak of the season, which brings most of the thunderstorms, typically lasts from mid-July through August.

Before last year, the National Weather Service used dew-point temperatures to determine the start of the season, which began when the dew-point temperature, a measure of air moisture, averaged 55 degrees or higher for three consecutive days.

Thunderstorms have already lit up Florence, Casa Grande and southeastern Arizona, and have threatened the Valley, Wanek said.

With severe weather on the way, it's important to be aware of the risks, the Weather Service says.

It may seem counterintuitive, but summer's intense heat causes the drenching rain of the monsoon. Warm air rises, creating a vacuum of low pressure over Arizona that pulls cooler, moister air up from Mexico and the Gulf of California.

A Brief History of Apache Wells Mobile City 1962-1987
Based on Tom Finger's 2001 Roundup article

The development of Apache Wells, one of Mesa's earliest golf course communities, began in 1962 when the first three holes of its now 18-hole golf course were built. Over ensuing years the community grew and has undergone dramatic changes. Today the community consists of 1410 residential unit lots. The original AWCC building has been demolished and a new facility is currently under construction and is expected to open this fall.

APACHE WELLS TIMELINE
1962: Clinton Ray, a farmer who was buying up land in East Mesa for as little as $1 an acre, built 3 holes of a golf course near Recker and McKellips Road. This would later become Apache Wells Unit 1 with Leland, Lockwood and Lawndale Streets surrounded by the fairways that Clinton started.
1963: Developers from Spokane, Wash., buy the land, finish the nine-hole golf course and plat lots for travel trailers.
1965: A recreation hall later named Apache Hall was built and the first of the original site-built homes were completed.
1966: Mail delivery starts door to door and plans are announced to expand the golf course to 18 holes.
1968: Grand opening is held for Apache Wells restaurant, coffee shop and cocktail lounge, and bingo games start.
1970: Horseshoe pits are constructed and Horse Shoe League begins.
1972: Community bank opens in double-wide mobile with a built-in concrete vault.
1973: Women's golf is started and the bank has a female manager.
1978: Expenses to maintain golf course rise as course loses money. Residents paying $120 a year for unlimited golf resist hike in greens fees.
1978: Golf course owners list links for sale in the Wall Street Journal.
1979: Residents' group organizes sale of 485 shares of golf course ownership to residents to raise money to buy it.
1979-1987: Residents' group buys 5.6 acres and a building and homeowners approve purchase by agreeing to a $1,100 per lot assessment.
1987: After all common areas were purchased by homeowners, name of community is changed to Apache Wells Homeowners Association, Inc.

HB 2034 - Planned Communities; Roadway Authority!
By Representative Nancy Barto, District 7
Bill Sponsor

This bill will clarify that an HOA does not have the authority to regulate any roadway, easement or other area where the ownership is under the legal authority of a government entity.

The problem we are solving.
Some HOA boards wrongly regulate parking on publicly owned and maintained streets, fining homeowners into compliance. They claim that since certain regulations are contained in their CC&Rs it is within their contractual agreement rights to assume the authority over homeowners within their communities who agree to them. But one cannot regulate or control what is not within one's legal authority to do so. Public streets fall within this category despite some HOA boards' insistence upon regulating them.

Currently homeowners wrongly incur fines when neighbors' friends or relatives park on the street in front of their home, for instance. Many homes have four or five bedrooms. When one has two or three children that drive or come to visit, parking fines can be a regular part of life if the HOA does not provide the required guest parking on the streets they mistakenly regulate.

Why is this wrong?
Planned communities contain either public or private streets. If the streets are owned and maintained by the planned community, there are certain requirements in statute if they restrict parking. In brief, they must post signs and provide guest or additional parking areas. If the streets are publicly owned and maintained, anyone may legally park on the streets and the planned community has no fining or towing authority.

Will clarifying this law "junk" up HOA communities?
No. First, gated community streets are all private so this law would not apply to them. Second, all municipalities have existing laws that regulate on-street parking and they are responsible for deciding the safety and applicability of parking and other regulations concerning them. Plus, public streets are already subject to regulations including: 1) No longer than 48 hours of consecutive on-street storage, 2) No vehicle maintenance can be done in the public street, 3) All vehicles must be in working condition (i.e. - not on blocks or have flat tires that make it inoperable), and 4) must be current on license and registration. Similar legislation sponsored by Sen. Chuck Gray passed the Senate in 2007 but failed narrowly in House.

Until the Legislature clarifies who has lawful authority over public roads, homeowners will continue to be at the mercy of unscrupulous HOA boards wrongly claiming this authority and levying fines.

Editor's Note: HB 2034 passed the House Committee on May 26, 2009 and is up for a vote in the Senate Committee today. Also on the agenda today is a vote on HB 2514 that addresses Amateur Radio Accommodation. You can also view video of your legislators in action.
SENATE COMMITTEE UPDATE:
HB 2034 FAILED Y-3 N-4 NV-1
HB 2514 PASSED Y-5 N-3 NV-0

Bill Martin and Amy Amaro-Martin were like thousands of other Valley residents a few years back who tapped into their home equity to remodel and expand their townhouse.

What they did not expect was a tortuous four-year battle with their homeowners association over their remodeling plans. That clash led to a recent $200,000 jury verdict in their favor.

A Maricopa County Superior Court jury ruled late last month that the Sutton Place Improvement Association discriminated against the Martins in obstructing their remodeling and filing a lawsuit against the couple to stop the project. Bill Martin is Black and Amy Amaro-Martin is Hispanic.

The Sutton Place board oversees 47 townhouses in central Phoenix near 24th Street and Osborn Road.

"Juries in Arizona are tired of the power HOAs have," said Ashley Adams, the Martins' attorney. "(The Sutton Place board) financially ruined the Martins because of this litigation, and they were mistreated by people in the community."

The Martins' case is somewhat unusual in that homeowners do not often prevail in litigation involving homeowners associations. Plus, their discrimination complaint in a countersuit added an ugly element to the battle among neighbors of Sutton Place, a cozy community of mostly retirees that dates back to the early 1960s.

Hiring Professionals - A Winning Approach!
By Corey Recla, CMCA, PCAM, AMS

One of the key questions facing volunteer community association boards is, "When should we hire a professional to assist us?" This question oftentimes will apply to professional management companies, construction professionals, vendors and service providers, accountants, attorneys and reserve consultants.

One of the features of community association boards is that they are governed by a volunteer group of committed homeowners who may not be versed in the intricacies of operating a business. As a result, there is often a diverse and wide variety of individual experience in association governance, a combination that can lead to enthusiastic, albeit sometimes ill-fated, approaches to cost containment.

Generally speaking, a common reason volunteer boards do not hire professionals to assist them in their governance responsibilities is that the board is "trying save money." However, in the end, efforts to replace or refuse to utilize professional assistance c an end up costing more and may also expose volunteer boards to unnecessary and personal liability.

How many times have we heard suggestions like, "I have a friend who can ..... for free"? This approach can lead to poor advice, shoddy workmanship (with no performance bond or insurance to correct problems) and missed opportunities to preserve the rights of the homeowners that the board is chartered to protect. In reality, such approaches could expose board members to personal liability for their actions, or for their failure to act, even though the motive (saving money) appears noble.

Broke HOA Raises Concerns!
By Clint G. Goodman
Mesa Republic Weekend Edition
Arizona Republic

QUESTION: Our HOA is in a world of hurt. With the rise in foreclosures, our HOA no longer has the money to operate. No one here wants to raise assessment dues because we all believe that it is a lost cause. Many of us are seriously considering whether we can terminate our HOA and remove the CC&Rs. Can we do that?

ANSWER: Maybe. If you are like most communities, your CC&Rs do not provide you with a way to terminate your HOA and extinguish the CC&Rs. Absent guidance from the CC&Rs, it would likely take unanimous consent of all of the owners to accomplish what you desire. This is because CC&Rs are a contract. Contract law is relatively straightforward when it comes to modification or termination: All parties must *acquiesce to the new conditions.

Termination of the HOA may not be the answer to your problems even if it is possible. HOAs can still thrive financially despite the high foreclosure rate. Banks with bank-owned properties are members of their respective HOA. They must keep the property presentable. They must also pay assessments. Banks that refuse to comply with these requirements are in breach of contract and can be sued. If a lawsuit becomes necessary, they, like any other homeowner, will not only be ordered to pay all of their assessments, but to reimburse the HOA their attorneys' fees and costs.

Requiring banks to comply with their obligations helps insure that the homeowners do not bear the financial burden. It can also mean your HOA will have the funds needed to keep the community well maintained and aesthetically pleasing.
*acquiesce: to agree

Homeowner associations are unique entities, and the boards that lead them fill unique roles. Directors are elected to represent and protect the best interests of their constituents. One of the most important tasks is to maintain the value of jointly owned assets. The board is also charged with preserving and improving the quality of life by enforcing the governing documents.

So what constitutes a good board member? While any member is qualified to run for election, there are certain character traits or life experiences that benefit the HOA while some definitely do the HOA harm.

Traits of A Strong Board Member
___ Good character
___ Strong integrity
___ Calm thoughtful judgment
___ Willing to serve
___ Strong communicator
___ Committed to the HOA's best interests
___ Relevant experience or background
___ Strong "people skills"

Traits of A Weak Board Member
___ Unwilling to put the HOA's welfare first
___ Undermines board decisions or policies
___ Impulsive and quick tempered
___ Has a personal or hidden agenda
___ Little experience in management, leadership or service
___ Unwilling to work with others
___ Ineffective communicator

How does a member of the board succeed with such a challenging assignment? Put your personal preferences and circumstances aside. When you make decisions as a board member, you have an obligation to work in the best interest of the entire community, regardless of how it affects you personally.

Parliamentary Procedures: A Short History
By Mark Lewis, CMCA, AMS, PCAM

Ever wonder how parliamentary procedures came about? Rather than being a recent development, parliamentary law can be traced back many centuries. The Anglo-Saxon tribes in England followed rules similar to parliamentary procedure by the fifth century A.D. During the early English Parliament, the rules were improved upon and it is from the word "Parliament" that the term "parliamentary procedure" came about.

Although originating in Britain, parliamentary law was developed mainly in America. In 1801 Thomas Jefferson compiled a manual of parliamentary practices. This handbook became the basis for the rules followed by the United States Congress. Later a book by Luther Cushing of Massachusetts further spread the use of parliamentary procedure to voluntary organizations.

The actual hands-on usage of parliamentary procedure did not become widespread in the United States until Henry Martyn Robert published his famous Rules of Order in 1876. Robert's Rules of Order established a systematic method for organizing and conducting meetings. Henry Martyn Robert was an engineering officer in the regular Army. He was asked to preside over a church meeting and realized that he did not know how to conduct such a meeting. He decided to study a few books then available on the subject. From time to time, due to his military duties, he was transferred to various parts of the United States where he found virtual parliamentary disorder since each member from a different part of the country had differing ideas of correct procedure. To bring order out of chaos he decided to write Robert's Rules of Order as it came to be called.

Editor's Note: ARTICLE XII PARLIAMENTARY AUTHORITY of the AWHOA, Inc. Bylaws states "The rules contained in the current edition of Robert's Rules of Order shall govern this Association in all cases in which they are applicable and in which they are not inconsistent with the Declaration, these Bylaws or the rules and procedures the Association adopted."

As a volunteer organization, a community association faces the unusual challenge of running a corporation with part-time leadership. Volunteer homeowners have varied experience and limited time to dedicate to their roles. Even with professional managers managing the day-to-day operations of an association, board members are still called upon to fulfill roles for which they do not have the resources (time or experience) and this is where committees can be particularly valuable.

Mandatory Committees are specified in the declaration or bylaws, such as a Nominating Committee and an Elections Committee. The powers of the board usually also include the power to appoint other committees "as the board deems appropriate in carrying out its purpose."

Standing Committees are often identified in the declaration and/or bylaws of the association and are "function oriented" such as the Budget and Finance Committee which serves a clearly defined function in the operation of the association. Standing committees remain in force indefinitely.

Ad-hoc Committees are "task oriented" such as a Grounds Improvement Committee which could be established to fulfill the task of planning, researching and coordinating installation of new landscaping at the entrance to a community. Ad-hoc Committees cease to exist once the assigned task has been completed.

Often overlooked or under-appreciated, committees are the basic building blocks of a healthy association. Committee member involvement meets the board's goal of fostering a stronger community in several ways. Aside from fulfilling a specific role in the functioning of the association and addressing an identified need, the committee's contributions help the board to fulfill its policy-making role more efficiently by allowing board members to receive necessary input and different viewpoints, while remaining focused on their role of governance.

As affordability concerns came to better characterize the changed market for HOA home buyers, the purpose of the homeowner association and the group whose interests are represented by HOAs have also changed. In many small projects, HOAs have been created primarily for the maintenance of common property, and less emphasis has been placed on the provision of extensive recreational services and/or enforcing deed restrictions. Also, because of economic pressures, developers are responding less to home buyer tastes, and focusing their concerns instead on local governments = subdivision regulations. Since most of the problems of the 1970s concerning formation and transition periods of HOAs have been solved, there is greater emphasis on solving still existing problems, particularly those problems involving the ongoing management of the common interest development after the developer has left the scene.

CONCLUSION
Clearly, homeowner associations have not only an important role in the history of housing in the United States, but also, if we believe the federal projections, a prominent future.

May 8, 2009 A Brief History of Homeowner Associations in the US!
Part 2 of 3

III. Period Three: "Popularization" (1935-1963)
The taste for architectural uniformity combined with increasingly important economic factors, such as easily developed land becoming more scarce and rising home construction costs, led to a phase of rapid growth in the number of homeowner associations. In addition, between 1935 and 1963 the involvement of the Urban Land Institute (ULI), the National Association of Home Builders (NAHB), and the Federal Housing Authority (FHA), further encouraged large-scale residential development. In the early 1960's the federal mortgage insurance system rules were revised to include cooperatives and condominiums.

IV. Period Four: "Expansion" (1963-1973)
The rapid growth of homeowner associations during the Popularization period led to some growth pains during the 1970's. HOAs were faced with issues and concerns, including complaints of shoddy construction, assessment fees which could not cover costs, consumer misunderstanding, and lack of clear management responsibilities. In response to these problems, the ULI and the NAHB formed the Community Associations Institute (CAI) in 1973 in order to promote the use of homeowner associations by providing builders, managers and residents with educational materials.

Circa 1900, the greatly expanded upper middle-class market enabled developers to plan larger neighborhood areas. Developers used homeowner associations to enforce restrictions and manage the common areas. Appealing to the affluent, these restrictions were eagerly accepted in order to secure stable and exclusive neighborhoods. Since the association would enforce deed restrictions, maintain common facilities and provide services even after the developer left the scene, property values and neighborhood aesthetics were protected.

Great Boards, LLC of Phoenix, AZ recently completed a review of our AWHOA's current management operations, practices and processes. The findings and recommendations of that review will be released to homeowners soon and will be posted on our website when available. Great Boards has also been contracted by the Board of Directors to conduct a Reserve Fund Study. The study will involve an extensive inventory of every component that the AWHOA owns and estimate the cost to replace the item. The Reserve Fund Study report, when completed, will also be available for residents to review as stated in the Apache Wells Newsletter March 18, 2009 Issue 91.

The Reserve Study analyzes repair and replacement needs like roofing and painting and provides a funding plan for accumulating money to perform this work when it's needed. The Reserve Study is based on visual observations as opposed to forensic or destructive testing (opening up structural systems to see what's inside). The Reserve Study assumes that regular and adequate maintenance is being done to prevent premature repairs or replacements.

All HOA maintained building and grounds components are identified that have useful lives of, typically, two to thirty years.

The condition of each component is evaluated and an estimated Remaining Useful Life applied to each.

The Repair or Replacement Cost of each component is estimated based on current bids or reliable construction cost estimating sources (available from RS Means, Craftsman Book Company and others). The information for each component is applied to the formula: Cost / Remaining Useful Life = Money Needed Yearly. For example, if roof replacement costs $100,000 and the remaining useful life is 25 years, then $4,000 should be reserved yearly to pay for the roofing work when it's needed. Doing this procedure for each component will determine the total money needed yearly to fund reserves.

Since the projection period is typically 30 years, the inflation rate and yield on invested funds at the time of the study need to be factored in to ensure the fund keeps pace with reality. Adding inflation will increase future year costs and interest yield on invested funds will reduce owner contributions.

All too often homeowner association boards approach problems from the backdoor, reacting rather than planning. A professional HOA manager can smooth out the bumps in this rocky road. Here are some of the benefits:

Consistent Maintenance. Managers can assist in identifying and prioritizing maintenance needs. Coupled with regular inspections, the needs are refined over time so that the HOA gets the biggest bang for the maintenance buck. Separating emergency from non-emergency maintenance allows more efficient and cost effective handling of both.

Mediator. One of the board's biggest challenges is dealing with people that refuse to follow reasonable rules or to pay on time. When dealing with repeat offenders, the board may overreact by initiating lawsuits or, worse, refusing to deal with the issues at all. In either case, the HOA suffers as problems compound. A good HOA manager executes systematic enforcement to bring offenders back in line. The manager also intervenes between the board and a homeowner to defuse an escalating conflict.

Editor's Note: In our February 12, 2009 posting we presented the recommendations of the Management Research Committee, an ad hoc committee appointed by the AWHOA Board to look into the pros and cons of hiring a professional manager/management company. The Board is expected to make a decision on those recommendations in early 2010.

Suspicion and secrecy create fertile grounds to sow the seeds of litigation. As Arizonans, we have an innate suspicion of each layer of government. In the media, we see Arizonans expressing a profound suspicion of homeowners' associations (HOAs). Effective communications between the HOA and the membership help keep the suspicions from growing into litigation.

Surveys. The boards of our HOAs are often asked to make decisions on controversial matters. Decisions about colors, basketball hoops, levels of enforcement, refurbishment of amenities, rentals, parking and animals come to mind. The HOA boards should try their best to make a decision which coincides with the interests of the commmunity. One of the most effective tools to accomplish this is to send out a survey. We find that a one-page survey works best, designed so that the owner is able to fill it out, fold it over and mail it back. A HOA board can use this input to make a decision which conforms with the members' interests which may also ward off litigation.

Amending the community documents is sometimes very important for the survival of a homeowners association, although it can be a time-consuming and frustrating process. Supporters of the proposed amendment must mount a major political campaign, often going door to door to explain the reason why the proposal should win approval, while those opposing passage of the amendment must do the same in order to defeat it.

Editor's Note: There will be a Special Board Meeting on Wednesday April 15th at 9:30AM in Room A to review the numerous proposed amendments to our bylaws.

STATE STATUTES
The absolute power authority is your state statutes. Although most such statutes allow great flexibility for the drafters of the legal documents, some things are carved in the legislative stone. Regardless of what your legal documents say, if they conflict with the state statutes, the latter prevails.
ARTICLES OF INCORPORATION
The Articles of Incorporation is a legal document that creates a corporation; it is filed with the state by the founders of the corporation and is governed by the laws of the state.
DECLARATION/CC&Rs
The next level of authority in a Home Owner Association (HOA) is the Declaration of Covenants, Conditions and Restrictions (known as CC&Rs). In a condominium, it is the Declaration. Once again, if your state statutes are silent, these documents control your association.
BYLAWS
The next level are the Bylaws, which are found in both HOAs and condominium associations. A bylaw is a rule adopted by an association in order to regulate its own affairs and the behavior of its members.
RULES & REGULATIONS
Finally, any Rules and Regulations put into force by the Board of Directors must be complied with, so long as they do not conflict with any higher authority.

It is not easy to amend community association documents. Indeed, legislative bodies throughout this country have purposely required a super majority (a 2/3 majority) so as to protect the minority from potential abuse. When you buy into a community association, you are bound by the existing legal documents and any amendments which are validly enacted. Clearly, every owner is entitled to be assured that these important documents cannot be changed by a mere simple majority.

How do you go about amending your documents? You should be able to get guidance from the documents yourself. (See ARTICLE XIII AMENDMENTS in the Apache Wells Telephone Book) The Board has to properly notice a special (or regular) meeting for the purpose of voting on the amendments, but before this, a draft of the proposed amendments should be circulated to all owners, so that they will not be surprised when they are called on to vote.

Typically, many associations schedule a meeting solely for the purpose of debating and voting on the proposals. This way, complete focus is on the proposed changes. As for the vote itself, usually it is by written ballot at the meeting. A.R.S. 33-1812 provides for absentee ballots in Arizona.

Finally, if the amendment is enacted, the Board will sign a document which states that the amendment was enacted, when it passed and by what percentage. This document -- and the amendment itself -- is then recorded among the land records where your association is located.

Editor's Note: The following are responses from volunteer attorneys at the Homeowners Institute to questions submitted by homeowners on A.R.S. 33-1804, Arizona's open meetings law. The homeowners are not residents of Apache Wells.

QUESTION: Arizona Revised Statute 33-1804 states that "all meetings of the association and board of directors are open to all members of the association." I interpret this as including committee meetings. However, committee meetings in our community are closed. Also, the majority of the members of the committees are board members. Shouldn't these meetings be open to the community?

ANSWER: Yes. Your understanding is further supported by the fact that the legislature went to great lengths to expressly include both meetings of "the association" and meetings of the "board of directors."

Editor's Update: SB 1019, introduced by Senator Jack W. Harper in January 2008, would have amended A.R.S. 33-1804 to include committee meetings. Senator Harper's bill, however, died in the House Government Committee. Currently committee meetings are not covered by the open meetings law.

ANSWER: In planned communities, all meetings must be "open to all members of the association or any person designated by a member in writing as the member's representative." Moreover, "all members or designated representatives so desiring shall be permitted to attend and speak at any appropriate time during the deliberations and proceedings." A.R.S. 33-1804. E-mail meetings would not be able to satisfy these requirements.

QUESTION: If someone on the board is out of town, but can be on the speakerphone or on a camera through a computer, is that ok?

ANSWER: To date, Arizona courts have not ruled on this point. However, it is this author's opinion that a board member may appear electronically so long as it does not conflict with any statutory provision or the community documents (i.e. CC&Rs, articles of incorporation, bylaws or rules).

MSNBC REPORT: The malicious Conficker Internet worm got more aggressive about trying to reach its creators Wednesday, but computer security researchers appeared correct in their predictions that the effects would be muted.

The worm's programming included a change in tactics on April 1: The estimated 3 million to 12 million computers infected by Conficker were told to step up their attempts to "phone home" for commands. But that seemed to be the only sign of life from the bug.

"One thing we're not seeing is any mass malicious activity," said Joris Evers, an analyst with McAfee. "The Internet today is working just as well as it was working yesterday."

Here is the latest update from MSNBC on the Conficker C worm which was discussed at length in our March 29 posting.

ARE YOU INFECTED? You can run a simple test to see if the Conficker C worm has infected your computer. Click on www.microsoft.com and if you can connect to Microsoft's website you are not infected since the worm is programmed to block attempts to connect with Microsoft. Another simple test is to go to your anti-virus provider's website. If you can connect there then you are not infected since the worm also blocks attempts to access anti-virus websites as well.

If your anti-virus software is out of date you should update it as soon as possible to avoid becoming infected with the viruses, worms, spyware and malware that inhabit the Internet. Avoid costly damage to your computer. Don't become apathetic about anti-virus protection and become a target for online identity theft.

No fooling..... Beware the April 1st Virus!
By Ken Colburn
East Valley Tribune

Q. What is the April 1 virus that everyone is talking about, and how do I tell if I am infected?

A. A very stubborn Internet worm known as the Conficker (aka Downup, Downadup & Kido) has been in circulation since late 2008 and specifically targets most of Microsoft's operating systems.

The third generation of this pest is being labeled Conficker C, and it is far more dubious than the previous two versions.

The primary intent of the Conficker worm family is to infect computers with an agent that will turn them into "zombies" on a large network of infected computers, referred to as a botnet. The botnet collection of compromised Internet-connected computers can be remotely controlled by a single computer, referred to as the command and control center.

Once infected, any computer on a botnet can be given instructions from the command center to perform whatever function the remote hacker desires, including sending spam, infecting other computers or tracking keystrokes for the purposes of ID theft.

Conficker C is especially disconcerting because it is specifically designed to bypass and disable hundreds of popular security programs and Web sites, and it has a trigger date of April 1 with a yet unknown payload.

To make matters worse, Conficker C is very good at hiding from you and your security programs and has code that allows it to "evolve" its ability to avoid detection and removal.

Editors Note: Always keep your Anti-Virus Program updated with the latest virus definitions and be very careful about opening email attachments from people you don't know. Also be extra cautious about requests to update with newer versions of a program already installed on your computer. It is safer to go to the program's website (i.e. Adobe, Microsoft, etc). Websites that offer FREE downloads can often lead to COSTLY virus infections.

In January of this year we posted an article on absentee ballots under the title "Mass Mailing of Absentee Ballots a Waste of Money" which was based on a letter from a concerned resident to our OPINIONS & FEEDBACK page. The homeowner pointed out that the cost of mailing absentee ballots to all 1410 of our homeowners was $831.90 and he described this practice as "a horrendous waste of money in view of the fact that our bylaws and Arizona law does not require this."

The following is a response to the mailing of absentee ballots to all homeowners from one of the volunteer attorneys at the Homeowners Institute. As is the case with a number of relatively new Title 33 laws pertaining to HOAs, they remain open to legal interpretation.

QUESTION: Our HOA mails absentee ballots to all homeowners for all elections, voting on bylaw amendments and special assessments. We have asked that they mail absentee ballots to only those who request one as a cost-saving measure. The HOA Board has told us that AZ state law requires them to mail absentee ballots to all homeowners. Is this the case?

ANSWER: Arizona HOA law is like a living organism--it is constantly changing. Currently, A.R.S. 33-1812 requires that Associations provide for votes to be cast via in-person and absentee ballots. While the form of delivery of absentee ballots is not specifically set forth, what is clear is that every member must have the opportunity to vote via absentee ballot. The problem an Association may run into if it did not mail an absentee ballot to every homeowner is that a homeowner could then argue he/she was not provided the opportunity to vote via absentee ballot in violation of the statute.

The Apache Wells Homeowners Association is a non-profit corporation registered with the Arizona Corporation Commission. By that fact the AWHOA, Inc. is also subject to the applicable laws under Title 10 of the Arizona Revised Statutes.

A.R.S. 10-11601. Corporate records
A. A corporation shall keep as permanent records minutes of all meetings of its members and board of directors, a record of all actions taken by the members or board of directors without a meeting and a record of all actions taken by a committee of the board of directors on behalf of the corporation.
B. A corporation shall maintain appropriate accounting records.
C. A corporation or its agent shall maintain a record of its members in a form that permits preparation of a list of the names and addresses of all members and in alphabetical order by class of membership showing the number of votes each member is entitled to cast and the class of memberships held by each member.
D. A corporation shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time.
E. A corporation shall keep a copy of all of the following records at its principal office, at its known place of business or at the office of its statutory agent:
1. Its articles or restated articles of incorporation and all amendments to them currently in effect.
2. Its bylaws or restated bylaws and all amendments to them currently in effect.
3. Resolutions adopted by its board of directors relating to the characteristics, qualifications, rights, limitations and obligations of members or any class or category of members.
4. The minutes of all members' meetings and records of all actions taken by members without a meeting for the past three years.
5. All written communications to members generally within the past three years, including the financial statements furnished for the past three years under section 10-11620.
6. A list of the names and business addresses of its current directors and officers.
7. Its most recent annual report delivered to the commission under section 10-11622.
8. An agreement among members under section 10-3732.
F. Notwithstanding this chapter, a condominium association shall comply with title 33, chapter 9 and a planned community association shall comply with title 33, chapter 16 to the extent that this chapter is inconsistent with title 33, chapters 9 and 16.

The following question was posted recently by a homeowner on the Homeowners Institute's website member forum. The response was written by a volunteer attorney of the institute and recently revised to include Subsection B. 5. of the statute. The Homeowners Institute is an educational organization that provides information to member homeowners about their rights and liabilities in associations. Learn more about HOAs! Become a member..

QUESTION: At our recent annual *POA meeting, the Chairperson told us that the salaries of the paid staff were not public. Is this the case? If not, how can we get access to them?
(*POA - Property Owners Association)

ANSWER: Salaries of paid staff of an HOA may be private and non-disclosable. Arizona law requires that HOAs provide access to "all" association financial and other records. HOA boards may withhold "private" information of an employee. The statute goes on to state "records relating to the...compensation of...an individual employee of the association" may be withheld.

In many cases, year end summaries provided to the membership show expenditures and help members understand how much money is being paid to individual employees. In some cases boards refuse to provide members information concerning compensation of paid employees and rely on the above statute as their basis. Courts have not yet held whether this is reasonable, but it is my opinion that a board should disclose information concerning compensation to members. Full disclosure is an important aspect of corporate governance. A board may not want to disclose compensation in order to protect the identity of that individual employee but the board is supposed to represent the interests of the membership as well.

Should a member of the community, who in most cases is like a shareholder of a corporation, be denied access to that corporation's financials? It just does not make any sense. To hide behind a statute invites concerns that salaries are being paid at too high a rate. This leads to distrust which leads to potential litigation.

It would be in the best interest of the board to disclose salaries of employees. The board must act reasonably in all its discretionary powers. This includes hiring and paying compensation. A member certainly can sue the HOA if it thinks it is paying unreasonable salaries.

The governing documents for many associations require that a yearly audit be completed on the financial records of the association. An audit is designed to provide reasonable but not absolute assurance that financial statements prepared by the treasurer, management company or outsourced bookkeeper are fairly presented and in conformity with the American Institute of Certified Public Accountants (AICPA) and Generally Accepted Accounting Principles (GAAP). Some associations have the option of obtaining a review or compilation. A review is less inclusive than an audit and does not provide the assurance offered by an audit of disclosure of significant matters. A compilation is the lowest level of financial review offered by a Certified Public Accountant. It is designed to reveal obvious material errors the auditor may notice as he or she recompiles the financial statements provided by the association into an appropriate year-end format. Unfortunately, many documents and state statutes do not require a financial review by an accounting firm on any level.

Can HOA Fine for Public Parking?
By Clint G. Goodman
Mesa Republic Weekend Edition
Arizona Republic

QUESTION: Our association has public streets, not private streets. Many of us in the community wonder whether the association can fine people who park their vehicles on the public streets in front of their homes.

ANSWER: Let me start by saying that the scope of an association's enforcement power is limited by Arizona statutes and CC&Rs. Generally, associations are responsible for maintaining association property. But what about fining homeowners for activities occurring on streets dedicated to the city? Arizona courts have not answered this question yet and we are left to guess what the law should be.

Some believe that an association's enforcement power stops where its property ends. Proponents for this theory say that the streets dedicated to a city are not part of the land owned by the association and thus not subject to deed restrictions embodied in the CC&Rs. For example, they argue that to fine homeowners for parking on streets not owned by them would be like telling someone they cannot park in a Walmart parking lot a block down the road.

Others say that an association's enforcement power is created by the contract it has with the homeowners in the community. This contract is the CC&Rs. Accordingly they *opine that associations have every right to fine homeowners for breaching contractual provisions in the CC&Rs expressly prohibiting parking on public streets.

On March 24, 2008 a group of six Apache Wells homeowners were selected to serve on an ad hoc Management Research Committee (MRC) and charged with the task of researching property management companies and reporting their findings to the Board of Directors. The committee was made up of Co-chairs Charon Johnson and Barbara Otto, Liz Mangini, Judi Teague, Jim Brockman and Sharon May.

Over the following 10 months the MRC visited 5 communities that were administered by property managers, management companies or both. The communities visited were Sunbird, Mountain Brook, Trilogy, Solera and Springfield.

The MRC members presented their findings and recommendations to the Board of Directors at a special meeting today. There was general consensus among the committee members that professional management would greatly benefit the efficient operation of Apache Wells.

The next phase of research into professional management will involve having a management consultant visit Apache Wells and talk at length with homeowners, board members and office personnel to assess our community's needs. The consultant would then make recommendations as to what type of management plan would best address our current situation, immediate needs and propose a long-range plan for the future.

As provided for in our bylaws, Article V Section 5 A. (4), the Board of Directors would then vote on the recommendations of both the MRC and the professional management consultant. If approved, the transition from self-management to professional management would then take place.

New AZ Court Decision Quashes OAH Adjudication!
By George K. Staropoli
http://pvtgov.org

On January 29, 2009, Maricopa Superior Court Judge Paul J. McMurdie entered an injunction prohibiting the Arizona Department of Fire, Building and Life Safety and the Office of Administrative Hearings from taking any action on pending matters regarding condominiums and planned communities in Arizona, or accepting any new petitions for the administrative adjudication of disputes between condominiums and planned communities and the homeowners in those associations.

The judge ordered in LC2008-000470: The Arizona Department of Fire, Building and Life Safety and Office of Administrative Hearings are enjoined from taking any further action in any pending administrative adjudication and from accepting any new petitions for administrative adjudication.

The AG's office that had filed a brief in favor of constitutionality did not file in this case. Probably because the DFBLS Director, Barger, in an abuse of authority, did not seek the AG's involvement. And neither has the Arizona Legislature intervened! There is a 30 day appeal period for the AG to act. Don't hold your breath. The State of Arizona has demonstrated where it stands on your individual property rights.

Arizona has taken one more step toward the realization of the New America of independent HOA principalities!

Demand your legislator to correct this faulty and unjust ruling based on the Waugman unjust ruling. Demand new legislation that will grant that protection of the rights for all Americans within the Constitution.

Editor's Note: George K. Staropoli is a nationally known Homeowner Rights Activist and Advocate from Arizona.

FYI: The following notice was sent via postcard to all homeowners on 1/29/09

Effective February 1, 2009 there will be a penalty charge of $15.00 per month on any general assessment account that is delinquent on the 21st day of each month. This policy was passed at the Board Meeting of January 8, 2009, in accordance with the Revised Declaration of Covenants, Conditions and Restrictions, Section 3. M, Paragraph (2). The due date for your monthly assessment is the 1st day of each month.

Don't Ignore Warning Letters!
By Clint G. Goodman
Mesa Republic Weekend Edition
Arizona Republic

QUESTION: I keep getting warning letters from my HOA that my yard has too many weeds. How serious are these letters? I usually just throw them away.?

ANSWER: Ignoring warning letters can lead to problems that should be avoided at all costs. For starters, ignoring letters may result in fines. As fines continue to accrue the HOA may consider suing the homeowner. If the association wins its lawsuit, the homeowner may be ordered to pay the association all or some of the association's attorneys' fees. It is not uncommon for attorneys' fees to reach more than $50,000.

Paying the association $50,000 because you ignored a letter can become a serious problem indeed, especially when the violation could have been cured with relative ease.

Many homeowners have asked about what can be done about weeds on foreclosed properties. The answer is quite simple really. Generally, banks that own property in associations should not be treated any differently than fellow homeowners. This is because CC&Rs are deed restrictions that "run with the land." Put a little differently, whoever owns a piece of property encumbered by CC&Rs agreed, when they took ownership of the property, to comply with the CC&Rs. Accordingly, banks must see that their bank-owned, foreclosed properties are kept free of weeds or else they, like every other homeowner in an association, may be fined or sued.

The same is true of assessments. Banks should pay association dues like everyone else in the association or suffer the consequences. This point is especially important to remember for associations that see a drop in reserves because of foreclosures and wonder how they are going to pay the bills without requiring the remaining homeowners to make up the difference.

On Tuesday January 20, 2009 members of the Apache Wells Homeowners Association will gather in Room A at 7PM for their Annual Meeting.

The Annual Meeting differs from the General Meetings (February thru April and October thru December) and Special Meetings (called by the Board of Directors) that are held during the remainder of the year.

ARTICLE V
BOARD OF DIRECTORS
Section 1. Board of Directors
A. The Business of the Association shall be managed by a Board of Directors, subject to the Bylaws of the Association and such *mandates as may be expressed at the Annual Meeting of the members or any special meeting of the members.

A *mandate is defined as a command or an authorization given by a political electorate (the members) to its representatives (the Board of Directors)

ARTICLE VIII
MEETINGS
Section 1. Annual Meeting of the Membership
A. Date
The annual meeting of the membership of the Association shall be held in January after the election of officers.
B. Place
The place of the annual meeting shall be determined by the Board of Directors.
C. Purpose
The business of the annual meeting shall be to install the members of the Board of Directors and for the transaction of such other business as may come before the meeting.
Section 2. Regular Meetings
Regular meetings of the membership will be held monthly from October through April.
Section 3. Special Meetings
A. Special meetings of the membership may be called upon resolution of the Board of Directors.

Additional information on Special Meetings is available on P. 16 of the 2008 AWHOA Telephone Book and our Online AWHOA Bylaws .

Homeowners are encouraged to bring their concerns to the Annual Meeting on January 20th and present them before the membership and to the Board of Directors for discussion and possible action as is their right under our Bylaws.

The Mesa Office of Neighborhood Outreach will offer the Homeowners Association Academy - providing information about various aspects of HOA membership and management in six sessions over a six week period starting February 7th at Red Mountain Multigenerational Center, 7550 E. Adobe Road in northeast Mesa. Click here for location map. Sessions should be of interest to area HOA residents, homeowner advocacy groups and Boards of Directors.

1. HOA 101 9-11:30 a.m. Saturday Feb. 7
2. Legal Aspects of HOAs 6-8:30 p.m. Thursday Feb. 12
3. How to Conduct Successful and Peaceful Meetings 6-8:30 p.m. Thursday Feb. 19
4. Codes, Covenants and Restrictions 6-8:30 p.m. Thursday Feb. 26
5. Budgeting, Financial Statements and Reserve Studies 9-11:30 a.m. Saturday March 7
6. How to Select a Management Company and Other Vendors 6-8:30 p.m. Thursday March 12

Prepaid registration is $10 per session and $50 for all six sessions. Registration the day of the event is $15 per session.

Call Lindsey VerStraeten, a Mesa Neighborhood Outreach coordinator, at 480-644-5434 or e-mail her at lindsey.verstraeten@mesaaz.gov with questions or to register.

In a recent letter to our OPINIONS & FEEDBACK page, a homeowner pointed out that the cost of mailing absentee ballots to all 1410 of our homeowners was $831.90. He described this as "a horrendous waste of money in view of the fact that our bylaws and Arizona law does not require this".

Residents who have questioned this policy of a mass mailing of absentee ballots to ALL homeowners have been told that "Arizona state law REQUIRES it". We looked into this and found the following state law:
33-1812. Proxies; absentee ballots; definition
A. Notwithstanding any provision in the community documents, after termination of the period of declarant control, votes allocated to a unit may not be cast pursuant to a proxy. The association shall provide for votes to be cast in person and by absentee ballot and may provide for voting by some other form of delivery.

Nowhere in the law does it state that absentee ballots MUST be sent to ALL homeowners. In fact, in state elections, the Secretary of State's office provides the following information to voters who wish to vote absentee:
Voters may make a verbal or written request for an absentee ballot within 90 days preceding the Saturday before any election. If a verbal request is made, the voter must provide his/her birthplace and date of birth. If a voter would like to receive a ballot in the mail, his/her request must be received by the county recorder no later than 5:00 p.m. on the eleventh day preceding the election.

It is our understanding from talking with some of our long-time residents, that in the past, homeowners had to request an absentee ballot if they could not or chose not to vote in person on election day.

Given the condition of the current econonmy, would it not have been more cost effective for absentee ballots for the January 13, 2009 Board of Directors election to have been mailed to ONLY those who requested one because they were either house bound or away from the community? Those homeowners who are in the community could request an absentee ballot in the AWHOA office or vote in person on election day.

One bill would give homeowners associations the ability to regulate "for sale" signs in neighborhoods. Another would protect community features such as golf courses from undergoing significant changes without a vote by nearby residents. A third would standardize how homeowners associations revise their rules.

Those and other bills are expected to be filed during the 2009 legislative session in an attempt to strengthen communities and address neighborhood concerns.

It's been a hard year for homeowners associations. Many are experiencing funding shortfalls as foreclosures and economic hardships cause residents to be remiss on dues.

With the legislative session beginning in mid-January, those involved in crafting the bills say they will help keep communities strong.

In some cases, homeowners associations have distressed residents by seeking to change the makeup of a community. Golf courses could be turned into town homes and a 55-and-older community could be open to all residents.

One bill, similar to last session's House Bill 2724, would make it harder for those changes to be made.

At the December 18, 2008 Board of Directors Meeting homeowners Bob and Judi Teague brought up the fact that A.R.S. 33-1804 provides for homeowner input during board meetings and also before the board takes formal action on an item under discussion. Currently the AWHOA Board policy only allows limited membership input at the beginning of board meetings.

The section of A.R.S. 33-1804 pertaining to homeowner participation at board meetings follows:

A.R.S. 33-1804. Open meetings; exceptions
A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the association and board of directors are open to all members of the association or any person designated by a member in writing as the member's representative and all members or designated representatives so desiring shall be permitted to attend and speak at an appropriate time during the deliberations and proceedings. The board may place reasonable time restrictions on those persons speaking during the meeting but shall permit a member or member's designated representative to speak before the board takes formal action on an item under discussion in addition to any other opportunities to speak. The board shall provide for a reasonable number of persons to speak on each side of an issue.

In addtion to the A.R.S. 33-1804 issue, the Teagues also raised concerns over procedures for violations of community documents by homeowners and the fact that in a recent case the name of the person or persons who observed the violation was not identified as required under A.R.S. 33-1803.

The section of A.R.S. 33-1803 pertaining to the association's response to homeowner violations follows:

A.R.S. 33-1803. Penalties; notice to member of violation
D. Within ten business days after receipt of the certified mail containing the response from the member, the association shall respond to the member with a written explanation regarding the notice that shall provide at least the following information unless previously provided in the notice of violation:
1. The provision of the community documents that has allegedly been violated.
2. The date of the violation or the date the violation was observed.
3. The first and last name of the person or persons who observed the violation.
4. The process the member must follow to contest the notice.

First Vice President Cheri Whalen stated that she would seek advice of legal counsel on these issues. It is hoped that the Board of Directors will update their policies in order to comply with state law.

On Sunday November 16th a fast-moving fire destroyed the Harper home on Player Place. Tragically Betty Harper lost her husband Kenneth along with the family dog, their vehicle and all of their belongings. Since the fire Betty has been staying with her daughter in Gilbert.

Following the fire, homeowner Joice Lange along with AWHOA Board 1st Vice-President Cheri Whalen initiated a community-wide drive to solicit donations from homeowners to help Betty get back on her feet. The response by Apache Wells residents was immediate and one of caring and generosity. Those who were contacted in person at their homes did not hesitate to contribute. A letter posted on our website and circulated throughout the community resulted in donations being mailed to or dropped off at the Lange's residence. The response, according to those involved in the drive, was "just incredible!"

A small reception was held today at the Langes' home to present the $8,730 that was raised for Betty along with cards of sympathy and words of encouragement and love from the residents of our community. Betty was most appreciative and wiping away tears, thanked all those who have shown her their concern, caring and love. She also indicated that she is considering rebuilding in Apache Wells where she has so many friends and neighbors.

In addition to organizers Joice Lange and Cheri Whalen, volunteers who collected donations were Susan Brown, Connie & Marton Murphy, Rick Eicher, Donna Batton, Barbara Francher, Virginia Radcliff, Lola Daniels, Bobby Atwell, Joice & Dennis Lange and Bob & Judi Teague.

Financial Oversight: Outside Audit or Internal Review?
Source: Association Times

In an effort to protect the financial viability of an association, the board of directors should contract for an annual outside financial review or audit of the financial records.

One of the most important reasons to maintain accurate financial records is obvious in that the association will be able to fulfill its budgetary obligations to its members. However, another reason is that the board of directors has a legal, fiduciary responsibility to maintain accurate records. Failure to do so can expose the association and, depending on the circumstances, the board of directors to costly litigation.

There are two basic types of financial oversight that must be contracted from outside sources-a review or an audit. A financial review consists of the auditor inquiring of association or management company personnel in order to verify the financial records of the association. Unless deemed necessary, the accountant is not required to obtain any independent corroboration to substantiate the personnel presentations. In contrast, as part of a certified audit, the auditor must obtain independent evidence to substantiate the assertions made by the association's employees and management.

In addition to a big difference in detail and thoroughness, a review can cost hundreds of dollars less than an audit. The board of directors makes the decision on what level of analysis will take place. Although many state laws governing associations and an association's governing documents may require an independent audit, some boards choose to save money and contract for a review. Should an association ever face a legal challenge of its financial records and management, the legal and financial exposure faced due to a review can prove much more costly in the end than an audit. A review does not require the auditor to formulate an opinion as to the records as is required under standard rules for an audit. An audit, therefore, provides the association legal protection regarding misstatements or errors in the financial records. A review does not provide that same level of legal protection.

The reason many governing documents require a certified, annual audit is to ensure accurate financial accounting and record keeping, and to protect the association from litigation. Boards of directors should adhere to this requirement and invest appropriate funds for an annual audit rather than trying to initially save money with a review.

AWHOA Bylaws:
ARTICLE IX COMMITTEES Section 2. Duties of Standing Committees F. Each Standing Committee's specific duties shall be: (6) Internal Review Committee "This committee shall conduct an internal review of the Association's financial records."
ARTICLE XI BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member.
A.R.S. 33-1805 also provides member access to financial records, including outside reviews and audits as well as internal reviews.

A Smaller Size: Old Apache Wells center demolished
New building set for October 2009
By Todd Hoover
Mesa Independent

A northeast Mesa country club is taking a different path than originally planned toward building - and paying for - a new community center. The old center at Apache Wells - a community restricted to ages 55 and older and bordered roughly by Higley, McDowell, Recker and McKellips roads - was demolished Nov. 6.

Apache Wells resident Bob Teague said the demolition occurred over three days and drew numerous spectators. "I really couldn't give you an exact figure, but I'm sure there were curious people from all over the park," he said.

Bing Miller, president of the Apache Wells Homeowners Association and a country club member, speculated the new building will be finished in October 2009. "I think they're probably about 30 days away from starting (construction)," he said in a Nov. 24 phone interview. "They're waiting on some city of Mesa permits." Bernie Connors, co-chair of the building's construction committee, declined to comment. "We're not doing any interviews about the project," he said.

Relevant Dates for the 2009 Elections!
Information from AW Roundup October 2008 Issue

It is not to early to begin thinking about the January Election for Board of Directors. Candidates for the 3 openings on the Board can be nominated in 2 ways: (1)Nomination by the Board-approved Nominating Committee or (2)Nomination by Petition. Both methods are outlined in the AWHOA Bylaws.

Save Apache Wells and its supporters are encouraging strong, independent and fair-minded candidates to run for Board of Directors in the January 13, 2009 election. The time has come and is long overdue for the wasteful spending, funding of pet projects of special interest groups and the unnecessary litigation with its resultant legal fees to be stopped. Only a diverse and independent Board of Directors representing all homeowners can bring about the changes that many Apache Wells residents want to see.

RELEVANT DEADLINES AND DATES:
___Friday November 14, 2008 - The President shall appoint a Nominating Committee, subject to Board approval, not less that 60 days prior to the election date. (Completed)
___Thursday December 4, 2008 - The Nominating Committee must submit names of the nominees to the Board at least 40 days prior to the election date and the names posted at the Administrative Office. Note: the Nominating Committee has selected Carolyn Agee, Linda Lewis, Paul DeMond and John Seader.
___Sunday December 14, 2008 - Nominations by petition must be delivered to the Secretary of the Board at least 30 days prior to the election date.
___Wednesday December 24, 2008 - Names of the persons nominated by petition must be posted on the official bulletin board at least 20 days prior to the election date and in such publications or other postings which make information available to the members.
___Tuesday January 13, 2009 - Election Day

MEET THE CANDIDATES MEETING: On Tuesday December 16th from 7:00-9:00PM homeowners will have the opportunity to meet all the candidates. Dina Higgins, the new Mesa Councilwoman from our district, will moderate the meeting. Homeowners will have the opportunity to question the candidates by 3x5 cards or from the floor. The meeting will be held at the Apache Wells Community Church.

FYI: On the Commons Explores Mandatory HOAs!
Information provided by
Pat Haruff of CHORE

Almost four decades ago residential America began to change. No longer were Americans living in their own castles but instead, at the end of the day, found themselves going home to neighborhoods where the neighbors made all the decisions. This brave new blueprint for our communities was to deliver lifestyles beyond the reaches and wildest dreams of most Americans. Homeowners in these newfangled developments would have access to sparkling pools, tennis courts, hiking trails, golf courses, bridle paths, ponds, lakes and yes, even gazebos. The cost? A few dollars a month. But wait, there is more. In addition, these new experimental developments promised to not only protect property values but enhance them as well. And the cost? A few dollars a month ....... and complete control of that property.

Has this new experiment delivered everything it promised? Are American homeowners happier and better off today than they were before HOAs became the norm rather than the exception??

On the Commons this week welcomes back Professor Evan McKenzie. Evan is the author of the best selling book Privatopia: Homeowner Associations and the Rise of Residential Private Government. He teaches Political Science at the University of Illinois at Chicago and Common Interest Community Law at the John Marshall School of Law. Evan is also a practicing attorney and maintains an active blog at http://privatopia.blogspot.com/. Please join us on On the Commons this Saturday November 22, 2008. We'll skip all the usual pudgy pooch, dusty mailbox horror stories that seem to grab the headlines and go right to the heart of what is happening in today's climate of economic uncertainty. Are condo and homeowner associations surviving and just how secure are America's 60 million HOA owners? As a keen observer of associations, politics and current events, Evan puts HOAs right in the middle of the big picture. You won't want to miss this one. You can email us at onthecommons@cox.net.

Editor's Note: What is a *Wiki? A Wiki exists on the Internet as a type of website that allows visitors to add, remove, and sometimes edit the available content. It has also been said that Wiki is an acronym for the phrase "What I know is". Wiki is part of Wikipedia, a free online encyclopedia that was created with input from online contributors.

This past Sunday Apache Wells witnessed a terrible house fire on East Player Place. The home of Kenneth and Betty Harper caught fire Sunday morning and was completely destroyed. Mrs. Harper was unable to get her husband Kenneth out of the home before it became totally engulfed in flames.

Such a tragic loss. This family has not only lost their loved one, but their home as well as many of you have seen. Now is the time for us at Apache Wells to come together and show our support and kindness to this family that has suffered such a great loss. We also learned just recently that the family dog that survived the fire has died of its injuries.

Mrs. Harper is temporarily living with her son in Phoenix. We are asking you to open your hearts with a generous donation to help the family get through this most difficult time. Volunteers will be contacting you soon or you can contact Joice Lange with your donation which will go directly to Mrs. Harper.

Please... let's show our support to the Harper family. We can't even begin to replace her loss, but we can show our support and let her know that we here at Apache Wells care. For those who wish to make a donation by mail, please make checks payable to Betty Harper and send to the address below.

Officials from the Mesa Fire Department are currently investigating a fire that destroyed an Apache Wells mobile home late Sunday morning and claimed the life of 84-year-old Ken Harper. His 81-year-old wife Betty was unable to help her disabled husband out of the building because of the intensity of the fire. She was near the front entrance of the home and escaped unharmed. The family dog also survived the fire with minor burns and is expected to recover. The couple's son and daughter-in-law, who also live in the area, were with their mother after the fire.

When firemen arrived on the scene they were unable to enter the building due to the intense heat and smoke that was visible throughout the area. The Harper home is located on Player Place, just west of 56th Street. Several nearby homes were scorched or had cracked windows, a result of the fire's intense heat.

Apache Wells is a close-knit community and many residents were on hand to offer comfort and support. Plans are already under way to assist Betty following the tragic loss of her husband and home. Details will be forthcoming for those residents who wish to help.

It seems everyone has a horror story about a Homeowners Association (HOA) who was out to get them or a friend. Fines for weeds, unwillingness to allow truck or RV parking, unfair assessments, etc. are common complaints. But are HOAs really that bad?

The answer is probably sometimes. Some HOAs have incredibly strict rules and Board Directors with nothing to do but thrive on power. Most HOAs, though, are often labeled guilty by association and evil by home buyers who may not clearly understand how to work with - not against - the HOA.

Understand that when you buy into a community with an HOA, you are purchasing into a deed restricted community. This means that other people can tell you what you can do with your home and your property. Period. If that concept is not acceptable to you, avoid communities with an HOA.

HOA Members Entitled to Association Information!
By Clint G. Goodman
Arizona Republic

QUESTION: I am having trouble getting information from my homeowners association. When I contact the management company, they say they do not have information. No minutes are given out at meetings and only the board is allowed to speak. Do you have any ideas on what I can do?

ANSWER: Yes. Arizona law is fairly clear when it comes to an association's "information" and "meetings".

Information: Associations must make all financial records of the association available for inspection by any member. Despite popular belief, associations cannot charge a member for making material available for review, but can require that members purchase copies of records for not more that 15 cents per page. Requests for inspection or copies should be handled at the association's earliest convenience, but never later that 10 business days from the request. Books and records kept by the association and the board may be withheld from disclosure if the portion withheld relates to attorney/client privileged communications, pending litigation, minutes of executive board meetings, confidential records of an individual member or confidential records relating to an individual employee of the association.

Meetings: All meetings of the association and board of directors must be open to all members of the association and all members must be given the opportunity to speak at appropriate times. The board may place reasonable time restrictions on how long each member may speak and must provide for a reasonable number of persons to speak on each side of issues. The association should provide an agenda to each of its members in advance. Ideally, the agenda should accompany the notices sent to all members for any upcoming board meeting. Portions of a meeting may be closed to the members, but only if the closed portion is limited to consideration of legal advice, pending or contemplated litigation, confidential information of an individual member or confidential information of an individual employee of the association.

LINKS TO RELATED ARIZONA REVISED STATUTES:
A.R.S. 33-1804 Open meetings; exceptions
A.R.S. 33-1805 Association financial and other records
A.R.S. 33-1810 Board of Directors; annual audit

I see by the paper (Independent Newspaper 10/28/08) that the Board of Directors of the Apache Wells Homeowners Association (AWHOA) is going to pay for the drainage problem on the golf course.
Question: Why is this happening to our association when this is obviously a golf course problem that the country club should take care of?

Reference the workout room:
Question: Who decided to spend $12,000.00 plus for new equipment? Did they get any input from people who use the workout room? I use it regularly and have never been contacted about this.

Reference the November issue of Roundup:
Question: Why wasn'the *October minutes of the Board and Homeowners Meetings published? Why can't we get the monthly list of expenditures by check included?

Editor's Note: *The 10/2 Board meeting was cancelled due to a lack of a forum. The 10/14 General Meeting and the 10/16 Board meeting did not make the 10/10 deadline for the November Roundup. We encourage your input on these and other community issues. Drop us an e-mail at the address at the bottom of the page and let us know what you think!

HOA Paying to Fix Drains!
Apache Wells flooding addressed
By Todd Hoover
Independent Newspapers

The homeowners association of northeast Mesa neighborhood Apache Wells - bordered roughly by McDowell, Recker, McKellips and Higley roads - is hatching a plan to fix rainwater drainage problems on the age 55-plus community's golf course.

"After 25 years, the thing is put to rest," said Ruth Holmes, a 25-year resident of Apache Wells who consulted the board about golf course flooding.

Bing Miller, president of the Apache Wells HOA, said the association decided at its last meeting to formulate a solution with Jesus Ortiz, the golf course's superintendent.

"The grounds and greens have industrial equipment, backhoes and so forth to be able to do some ditching and put some riprap in there - either that or concrete - around the drain in which to funnel the water," Mr. Miller explained.

Mr. Ortiz said in an Oct. 21 phone interview he had not yet planned anything with the HOA board.

Mr. Miller said in an interview for an article titled "Golf course frequently floods" - published in the Sept. 16, 2008 edition of the Mesa Independent - that when it rains in Apache Wells, water flows from the community's Nicklaus, Demaret and Floyd drives onto the golf course and collects mostly near Ms. Holmes' double-wide mobile home.

Save Apache Wells supporters along with a small contingent of rowdy non-supporters met in Room A Tuesday night to discuss plans for 2008-2009. The meeting, open to all residents, was well attended despite the fact that there are still many residents who have yet to return to the community.

Committee Chairman Walt Stromme opened the meeting with an update of the recent Superior Court ruling on his backyard wall. The wall had been put in jeopardy as the result of a lawsuit filed by the AWHOA. Attorney Stewart Gross of the law firm Cheifetz, Iannitelli and Marcolini had argued that the wall violation issue had been addressed in the February 2008 Settlement Agreement of the lawsuit filed by SAW to stop the $8.5 million Community Center Project. He also argued that the lawsuit had been brought as retaliation because of the Strommes' involvement with SAW and was a case of selective enforcement. Judge Louis Araneta agreed and found in favor of the Strommes and has requested that counsel for the Strommes prepare and file a form of judgment consistent with his ruling for his signature.

A number of issues were discussed, some with heated responses from those in attendance. Issues of concern included:

___ The out of control spending by the Board of Directors
___ Encouraging 3 strong conservative candidates to run for seats on the Board
___ Gaining homeowner access to all AWHOA financial records as provided by law
___ Supporting an independent outside audit of all AWHOA financial records
___ Involvement of the AWCC with the AWHOA
___ Equity for the "have-nots" featured in a recent AZ Republic article
___ Enforcement of Architectural Control Rules and Policies
___ Maintaining property values in the current economy
___ Management Company, Manager or Enga Bach as Manager

The SAW Committee is planning to have regular monthly meetings in order to maintain contact with homeowners and provide them the opportunity to discuss their concerns and provide input on community issues. All homeowners are encouraged to contact a committee member with agenda items for future meetings.

Committee Chairman Walt Stromme listens to homeowner concerns at Tuesday night's meeting

Save Apache Wells Committee:
Chairman - Walt Stromme
Co-Chairman - Open
Secretary - Mickie Jung
Treasurer - Dee Miller
Bylaws - Gene Wedic
Telephone Network - Barbara Fancher and Lois Stevenson
Website - Bob Teague

Apache Wells Country Club at Center of Old Dispute!
by Art Thomason
Oct. 15, 2008 08:17 AM
The Arizona Republic

Last Friday morning, helmet-clad police gathered in an age-restricted northeast Mesa community before swooping down on its once-cavernous showpiece, a golf-course clubhouse.

The elite special-operations unit finished the training exercise without real gunfire and injuries, unaware that wounds of a different type run deep in neighborhoods of 1,410 homes surrounding them.

Bitterness still hangs on in Apache Wells, many of its residents say, over a have vs. have-not perception born 30 years ago and given new life last year.

The lingering dissent has pitted neighbor against neighbor, soured longtime friendships and diluted the community's once-cohesive bond, say longtime members like Robert Heaton, past president of the Apache Wells Homeowners Association.

And the '60s era, 5,568-square-foot clubhouse, swarming with police on three recent mornings before its upcoming, fatal date with a wrecking ball, is right in the middle of it.

"It's difficult to say how long it will take for the wounds to heal," Heaton said. "It could take a minimum of five to 10 years."

Paying at the pump just got more risky!
Secret Service, police warn of well-organized debit card skimmers
By Herb Weisbaum
MSNBC Consumer Alert

Becki Turner got the call from her bank's fraud department on Labor Day. The investigator wanted to know if she had withdrawn $500 from an ATM in California over the holiday weekend. She hadn't. She couldn't. Turner was home in Puyallup, Wash.

"I was just flabbergasted," she says. "I had the card with me, the ATM was in another state, and the person using the machine had to have my security code." Turner worried crooks had gotten into the banking system and stolen her password.

It wasn't anything that complicated. Puyallup police say thieves snagged her account information - along with the debit card numbers and PIN codes of hundreds of other people - at two gas stations in the area.

They did it by installing their own hard-to-spot card reader, called a skimmer, on top of the card reader built into the pump. The skimmer is able to grab the account information from the card without interfering with the legitimate payment transaction.

Editor's Note: My wife and I recently received a letter from our bank stating that our debit card may have been compromised. What that meant is that the account number and PIN number could be in the hands of thieves. A replacement card with a new account number was included with the letter and the bank stated they would be monitoring the account for 30 days after which they would close the old card. If they detected any suspicous transactions they would notify us immediately.

BE CAUTIOUS: Remember to use your debit card only at businesses and ATMs you feel you can trust. For all other purchases use a credit card. Above all, monitor your bank accounts often and when you can, pay cash. Click here for more information.

Attorneys Steven Cheifetz and Stewart Gross of the law firm of Cheifetz, Iannitelli and Marcolini filed their reply October 6th in further support of a Motion for Summary Judgment in the case of AWHOA, Inc. v. Walter and Judith Stromme. Oral arguments before Judge Louis A. Araneta are scheduled for October 17th at 11:15AM in Maricopa County Superior Court. Residents are welcome to attend this hearing to show their support of the Strommes.

In their reply to the response by Scott Potter of the law firm Jackson-White representing the AWHOA, Inc., the attorneys for the Strommes argue that the height of the wall at issue "was clearly known to the Association and related to the *Doshier lawsuit. The Strommes' built their wall in 2005. The Associations action against the Strommes did not exist until after the Doshier action was filed in 2007. In fact, the Strommes never received a violation notice about the wall from the Association until November 5, 2007, well after the Defendants prevailed on Summary Judgment."

UPDATE:
SUPERIOR COURT JUDGE RULES IN FAVOR OF STROMMES 10/17/08
Superior Court Judge Louis A. Araneta has granted Defendants Motion for Summary Judgment in the case of Apache Wells Homeowners Association, Inc. v. Walter A. Stromme and Judith Stromme (CV2008-092008). Click here to read Judge Araneta's ruling.

How the massive rescue package will affect you!
Some will benefit from tax breaks, but impact on markets will take time
By John W. Schoen
Senior producer
MSNBC

The plan, passed by the House and quickly signed into law by President Bush Friday, is supposed to jump-start the crippled credit markets and get the money flowing normally again to consumers, businesses, corporations and governments. But it remains to be seen whether it will work.

Have Some FUN... Play Presidential Debate BINGO!
Arizona Republic
September 25, 2008
www.azcentral.com

You're going to watch the presidential/vice-presidential debates because it's the responsible thing to do. That doesn't mean you can't have a little fun along the way.

Play Presidential Debate Bingo, where paying close attention can earn you the honors that come with victory (and don't discount becoming a more informed voter, which may come in handy in November).

The rules are simple. Each time you hear either candidate mention the topics and buzzwords listed on the bingo card, mark the appropriate box with and "X" (using a red or blue marker would be fitting). The first to have 5 Xs in a row across, up and down or diagonally wins. If you want to reuse your cards, use coins. You also have the option of shuffling the original card to produce different cards. Invite some friends over and make it a party. Make politics fun again!

Your prize? The smug satisfaction that the presidential campaigns remain as predictable as ever.

Bingo Card Credits
Design and programming: Andrew Long
Illustration: Jeremie Lederman
Source: Republic research

DEBATE SCHEDULE
September 26
Presidential debate with $700 billion bail-out plan/domestic-policy focus
University of Mississippi
Oxford, Miss.
View Poll Results

October 2
Vice Presidential debate
Washington University
St. Louis, Mo.
View Poll Results

October 7
Presidential debate in a town hall format
Belmont University
Nashville, Tenn.
View Poll Results

October 15
Presidential debate with foreign-policy focus
Hofstra University
Hempstead, N.Y.
View Poll Results

Golf Course Frequently Floods!
Apache Wells HOA to review solutions
By Todd Hoover
Independent Newspapers

Ruth Holmes, a 25-year resident of northeast Mesa neighborhood Apache Wells, is concerned about standing water collecting on the community's golf course near her doublewide mobile home.

Bing Miller, president of Apache Wells' Homeowners Association, said the water flows from Nicklaus, Demaret and Floyd drives - all city of Mesa streets within the age 55-plus community. "It builds up for about two blocks and then it crosses into the golf course, and there's a drainage easement across the 16th (golf) fairway and then the water does collect there in this area," Mr. Miller said of the area just east of Ms. Holmes' residence. "The water does sit there for a period of three to four days, five days, and then it dissipates into the ground, but it is a nuisance for them."

Ms. Holmes said her home gets "the brunt" of standing water, which she contends can be an environmental hazard. "I know I've had enough of this right now," she said. "That's the only location, really, on the golf course that we have this problem," said Jesus Ortiz, superintendent of Apache Wells Golf Club, 5601 E. Hermosa Vista Drive.

Apache Wells Activity Director Bev Fourcade has tickets available to the Wednesday, January 21st, 7:30pm stage performance of The Lion King at ASU's Gammage Auditorium. Tickets are $50 each. If enough people purchase tickets, a bus will be hired for transportation, for which there will be an additional charge, otherwise we will carpool.

To purchase tickets contact Bev by e-mail or phone (See 2008 Apache Wells Telephone Book).

Note: To add your e-mail address to the AWHOA E-mail Newsletter database send information to media@awhaoffice.phxcoxmail.com.

How can I say what is in my heart when I can't find the words to express my feelings? What I want to say is how grateful I am to all the friends and neighbors that have been so helpful in so many ways.

To the friends that visited Jim frequently when he was at Hospice of The Valley. THANK YOU! Your visits meant so much to him. You made his illness more bearable. I am so grateful to you.

For all the home cooked food and meals you provided that made life easier for me. THANK YOU!

For the lovely flowers you sent that cheered up his hospital room and later the plants you sent to our home that are constant reminders of your concern for us. THANK YOU!

For the phone calls I still receive wanting to know how I am and if you can help me. THANK YOU!

I know how blessed I am to have YOU in my life and to know I have a friend to call when I need to. I want you to know that you are in my daily prayers and I thank God for you every day. I want you to know that everything you did and your numerous prayers are the most treasured gifts that you have so generously given to us.

Note: Jim Daniels passed away on August 31, 2008. His obituary was posted on our website on Septermber 3, 2008.

Please tell ten friends to tell ten today! The Breast Cancer Site is having trouble getting enough people to click on their site daily to meet their quota of donating at least one free mammogram a day to an underprivileged woman.

It takes less than a minute to go to their site and click on 'donating a mammogram' for free (pink window in the middle).

This doesn't cost you a thing. Their corporate sponsors/advertisers use the number of daily visits to donate mammograms in exchange for advertising.

Question: When is a retiree's bedtime?
Answer: Three hours after they fall asleep in their recliner.

Question: How many retirees are needed to change a light bulb?
Answer: Only one, but it might take all day.

Question: What's the biggest gripe of retirees?
Answer: There is not enough time to get everything done.

Question: Why don't retirees mind being called Seniors?
Answer: The term comes with a 10% discount.

Question: Among retirees what is considered formal attire?
Answer: Buttoned trousers, a clean T-shirt and tied shoes.

Question: Why do retirees count pennies?
Answer: They are the only ones who have the time.

Question: What is the common term for someone who enjoys work and refuses to retire?
Answer: A NUT!

Question: Why are retirees so slow to clean out their basement, attic or garage?
Answer: They know that as soon as they do, one of their adult kids will want to store their stuff there.

Question: What is the best way to describe retirement?
Answer: The never ending coffee break.

Question: What's the biggest advantage of going back to school as a retiree?
Answer: If you cut classes, no one calls your parents.

Question: Why does a retiree often say he doesn't miss work, but misses the people he used to work with?
Answer: He is too polite to tell the whole truth.

Question: What do you do all week?
Answer: Monday through Friday, NOTHING..... Saturday & Sunday, I REST.

These "retired seniors chuckles" were sent to us via e-mail by Liz and Jerry Mangini, residents of Apache Wells. We hope that you enjoy them and we look forward to the return of our snowbirds.

When unforeseen events occur that require passing control to a loved one, it is essential that that person know where to find important documents and details to make wise decisions. We live each day thinking we'll get to tomorrow and then the catastrophic happens. Let's make this the month we decide to "put our affairs in order."

If you have a computer and know word processing, it becomes easy to update your documents as life events, such as marriage, divorce, death and finances change the status of your situation. If you don't have computer access, a handwritten document will do.

Locate each of the following items and fill in the contact name, address, phone and account number, if applicable. Add special friends and relatives you would like notified if you become incapacitated or pass away.

Mark the heading "Personal Informational Profile" and date it. List your full name (include maiden name), date of birth, Social Security Number, address and phone number. If you have a cell phone, list that too, along with the provider's name. Then under that start listing:

Major Contacts
___ Attorney (for your current will and trust)
___ Advance Healthcare Directive (do you want to be resuscitated?)
___ Long Term Care Insurance
___ Health Care Coverage
___ Doctors
List
___ Pets (name and type)
___ Executor of Estate
___ Pre-need Mortuary Arrangements
___ CPA or Tax Preparer
___ Real-Estate Agent
Include
___ Bank Accounts
___ Safety Deposit Box Information (where are the keys?)
___ Life Insurance
___ Investments
___ Driver's License
___ Vehicle Registration and Information
___ Credit Cards
___ Home and Auto Insurance
___ Contact Information for Relatives, Friends and Neighbors

It is critical that this information be kept in a very confidential place known only to a person or persons you trust completely.

Accidents and illnesses don't discriminate when it comes to age or gender. Putting your affairs in order applies to people of all ages, not just the elderly. Give loved ones the tools to help you get back on your feet quickly or to fulfill your wishes when the time comes.

Do HOA's Protect Home Values?
By Misty Williams, Business Reporter
East Valley Tribune

A new survey shows that more than two-thirds of Arizona residents living in homeowner associations say they feel it has a positive impact on property values, according to the Arizona Association of Community Managers. The study polled 1,063 Arizona residents last summer.

Some 74 percent of homeowners said they feel community regulations have a positive impact on values. And 86 percent said they believe that their boards of directors try to do what's best for the communities.

Arizona has more than 8,600 HOAs, representing more than 1.2 million homes, according to the report. The association's members manage more than $178 billion in property value statewide.

Apache Wells resident Jim Daniels (73) was called to be with Our Lord on Sunday August 31, 2008 after a courageous battle with cancer. Jim moved to Arizona as a child from Indiana in 1942. He served in the U.S. Navy for 8 years. Jim was loved and respected by everyone he touched.

He is survived by his Wife Lola Daniels, Sister Joan Burleson, Son Jay Daniels, Daughter Jill Wise, Daughter Terry Daniels, Stepdaughter Josephine Dominguez, 5 Grandchildren and a 2 Great Grandchildren.

Memorial Services will be held at All Saints Catholic Church in Mesa, 1534 N. Recker Road, on September 12, 2008 at 10:00 am. The family requests that in lieu of flowers donations be made to The Hospice of the Valley.

Labor Day is a United States federal holiday observed on the first Monday in September. The holiday originated in 1882 as the Central Labor Union (of New York City) sought to create "a day off for the working citizens".

Congress made Labor Day a federal holiday in 1894. All fifty states have made Labor Day a state holiday.

Traditionally, Labor Day is celebrated by most Americans as the symbolic end of the summer.

Labor Day has been celebrated on the first Monday in September in the United States since the 1880s. The form for the celebration of Labor Day was outlined in the first proposal of the holiday ï¿½ a street parade to exhibit to the public "the strength and esprit de corps of the trade and labor organizations," followed by a festival for the workers and their families. This became the pattern for Labor Day celebrations. Speeches by prominent men and women were introduced later, as more emphasis was placed upon the economic and civil significance of the holiday. Still later, by a resolution of the American Federation of Labor convention of 1909, the Sunday preceding Labor Day was adopted as Labor Sunday and dedicated to the spiritual and educational aspects of the labor movement.

Today, Labor Day is often regarded as a day of rest and compared to the May 1 Labour Day celebrations in most countries; parades, speeches or political demonstrations are more low-key, although events held by labor organizations often feature political themes and appearances by candidates for office, especially in election years. Forms of celebration include picnics, barbecues, fireworks displays, water sports, and public art events. Families with school-age children take it as the last chance to travel before the end of summer. Some teenagers and young adults view it as the last weekend for parties before returning to school. However, as of late, schools have begun well before Labor Day, as early as July 24th in many urban districts, including major southern cities in the United States such as Atlanta, Miami, and Los Angeles. In addition, Labor Day marks the beginning of the season for the National Football League and NCAA College Football. The NCAA usually plays their first games the weekend of Labor Day, with the NFL traditionally playing their first game the Thursday following Labor Day.

This month's legal discussion revolves around "unfair" enforcement. Specifically, "Can my HOA enforce CC&Rs against one member, but not others?"

ANSWER: Whatever the HOA does, it cannot forsake its express duty to enforce the CCRs, and, the homeowners are entitled to judicial recourse to ensure that the CCRs are being enforced. Johnson v. Pointe Community Ass'n. And, the association has a duty to treat all members fairly in enforcing the CCRs. Enforcing the CCRs against one violating member while ignoring other violators is a gross example of when the duty to treat "fairly" is breached. Tierra Ranchos HOA v. Kitchukov.

Question: We have just been advised by our community association's architectural control committee that our fence is eight inches too high, and allegedly violates some obscure rule within our association. We were told that if we do not lower the fence within 30 days, we will be fined $25 per day until the matter is resolved. We just purchased the property, and our seller (or his predecessor) installed that fence. We certainly want to comply with the rules of our association, but do not want to spend any money removing a fence that we did not install. What should we do?

Answer: This is a very serious problem affecting community associations throughout the country. Many associations have some form of architectural requirements, often enforced by an architectural review committee. Although the scope of these committees varies, the general idea is that in order to keep some semblance of uniformity and balance within the association, owners must receive advanced approval from a committee before any exterior work is done.

However, many owners, whether in a condominium, cooperative or homeowner's association, believe that these requirements create an unnecessary, time-consuming and often expensive burden. Many owners have also had negative experiences with their architectural control committees; we have all read of the cases where these committees acted arbitrarily and without using common sense.

Whenever I hear these stories, I generally paint a mental picture whereby the members of the architectural control committee walk around the community, wearing dark trench coats and carrying binoculars so as to get a better look at all of the problems.

However, design review within an association has at least two purposes:
(1) to establish and preserve a harmonious design for a community and
(2) to protect the value of the property.

The Community Associations Institute (CAI), a non-profit association created in l973 to educate and represent the nation's 250,000 community associations, has concluded that "properly exercised design review or architectural control protects community association property values by creating and preserving an attractive community."

However, CAI also warned that these associations "may find themselves embroiled in misunderstandings, controversy or even lawsuits if architectural control is not handled properly."

When one buys into a community association, one must understand that it is community living. Decisions cannot be unilaterally made, nor can the rules and regulations of the association be unilaterally ignored.

One might disagree with the need for external uniformity, for example, but the fact remains that if the association documents require external uniformity, that is the law of the association and is binding on its members. You should read all of your association documents carefully, to learn the scope and purpose of the architectural review committee.

About the Author: Benny L. Kass has been the author of the weekly Housing Counsel column in The Washington Post for nearly 30 years, is the senior partner with the Washington, DC law firm of Kass, Mitek & Kass, PLLC and is a specialist in such real estate legal areas as commercial and residential financing, closings, foreclosures and workouts.

The Tempe Veterans of Foreign Wars is seeking sponsorships, donations and players for its annual Frank Gorman Memorial Golf Tournament on Saturday September 27, 2008.

The fundraiser supports current troops deployed overseas and veterans needing assistance in the community.

The tournament begins with a shotgun start at 8:00am at Apache Wells Country Club, 5601 E. Hermosa Vista Drive in Mesa.

The cost is $70 per player and includes golf with cart, free practice balls, an embroidered golf shirt, lunch at Tempe American Legion Post 2 and door prizes.

The health of a homeowner association is important to measure from time to time. Fortunately, even poor health is curable, but identifying the problem(s) precedes the cure. Here are a series of self-diagnosis questions:

___1. Are all scheduled board meetings open to members?
___2. Are all rules necessary, reasonable, uniformly enforced and include a right of appeal?
___3. Do owners have an opportunity for input before or during scheduled board meetings?
___4. Are all meeting minutes made available to members?
___5. Do new owners receive information packets to get them started on the right foot?
___6. Is there an Open Forum provided at monthly homeowner meetings to allow member comment?
___7. Does your HOA have and follow a *Reserve Study? (*Reserve Study: breaks down common elements into components and analyzes their current cost of repair or replacement and predicts when that event should take place.)
___8. Does the board consult with an attorney when proposing new policies or rules?
___9. (If self managed) Do you have a reliable system for emergency response?
___10. Do you have a sustained and successful volunteer program?
___11. Does the board distribute and follow an Annual Planning Calendar?
___12. Are regular detailed financial statements reviewed by the board and distributed to the members?
___13. Are records available to members for inspection by members as provided for by state law?
___14. Is an informational newsletter and/or newspaper distributed on a regular basis?
___15. Are rules and architectural guidelines written and easily available to the owners?
___16. Are rules written in a positive tone to encourage compliance rather than dictatorial way that promotes defiance?
___17. Do your members receive regular reminders of rules and policies affecting lifestyle or ownership responsibilities?
___18. Are members kept informed of possible litigation?
___19. Are members given a chance to comment on proposed rules and policies?
___20. Does the HOA have a website and/or e-mail newsletter to provide vital information and to communicate?

The goal of this survey to get all or mostly "Yes" answers. If your HOA falls way short, there are some changes they need to make. If you feel that changes are needed, let your HOA Board know about them at your next homeowners meeting.

Is it Time for an HOA Rule Revival?
HOA Rule Revival
by Richard Thompson
Realty Times

It may come as little surprise that some homeowner association boards fail miserably in rule enforcement, especially in self managed HOAs. Let's face it; confrontation with neighbors is not something most people look forward to.

When rule violations run rampant in an HOA, some Boards turn a blind eye or run for cover. But if this failure to enforce goes on long enough, a reform group often appears to run for election to make a change.

Once elected, big questions arise like, "How do we go about enforcing long unenforced rules?" and "How aggressive should we get?" Good questions.

All rules are not created equal so the Board should focus on those that degrade curb appeal, market values and livability. In the case of planned communities, for example, a homeowner's failure to maintain roofing, paint, fences and landscaping has a direct impact on the market values of neighboring properties. So, issues that impact curb appeal and market value should be a high priority.

Livability issues are important as well. Does the HOA have a problem with, say, uncontrolled pets or loud and rowdy residents? While the police are the answer to extreme behaviors, the HOA can control the less extreme through warnings, and if necessary, fines.

To get a handle on the scope of the problem, the Board should make a list of violations by type and address and then prioritize by blatancy. While all violations should be addressed, focus attention on the big ones with a goal of getting compliance or compromise on all within a reasonable period of time.

To establish the Board's position and intent, a written notification should be sent to all members. What follows is a suggested format, which can be adapted to your use:

The Board of Directors met on April 17, 2008 to discuss Nottacare rules compliance. In particular, there have been ongoing issues with parking, pets and architectural design issues.

In years past, and prior to the current Board taking office, rule enforcement has been inconsistent. The Nottacare Board is given authority in the governing documents to enforce rules, regulations and policies for the benefit of all Nottacare members. These rules, regulations and policies are designed to enhance livability and sustain all member home values.

To that end, please be advised that the Board will begin regular and consistent enforcement of all rules, regulations and policies effective July 1, 2008 with special emphasis on parking, pets and architectural design issues.

Written violation notices will be directed to the violator (or unit owner if the violation was done by a renter), a description of violation, the corrective action required, the penalty for failure to comply and a right of appeal.

Deadlines for compliance are based on the type of violation. The deadline may be immediate (as in the case of illegal parking) or days (as in the case of correcting an Architectural violation). See a copy of the rules, regulations and policies attached for the specifics. The Board's goal is to facilitate the best possible living conditions for all Nottacare residents by establishing reasonable standards of conduct and compliance. Your cooperation in this matter is appreciated.

Please don't hesitate to direct your written comments and questions to board@nottacare.org or 123 Easy Street, Anytown USA. All feedback will be reviewed by and responded to within 30 days. We also invite you to attend the next Board Meeting at 7:00 pm on June 15, 2008 at the Nottacare Community Center to express your views on this communication.

Note: Rules in homeowner associations should be few and necessary. When reviving rule enforcement, focus on the ones that truly make a positive impact on value and livability. Treat your members with respect and understanding. Be prepared for compromise if it's in the best interest of the HOA.

About the Author: Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues.

Attorney Steve Cheifetz, representing Walt and Judy Stromme in their dispute with the AWHOA over their backyard wall, was able today to convince a Superior Court Judge that there was no need to expedite the issuance of a preliminary injunction that would have required them to tear down a portion of their wall.

Cheifetz argued that "there is no risk of severe and irreparable harm to the Association if the Stromme's wall remains while the dispute is resolved." He went on to say that "if the association does not prevail in this case, yet obtains preliminary injunctive relief, the Strommes will be forced to tear down their wall and put it back up. Put simply, there is no basis for a preliminary injunction in this matter, and rather, the Strommes are entitled to a full trial on the merits to ensure their due process rights are protected."

CASE TIMELINE:
08/15/08 Strommes' attorney files brief with Court
09/15/08 Association's attorney files response to brief with Court
10/06/08 Strommes' attorney files reply to response with Court
10/17/08 Hearing on case in Maricopa County Superior Court

Further updates on this case will be posted as they are made available to the public.

On June 12, 1987 the late President Ronald Reagan stood before the wall dividing East and West Berlin and directed his famous appeal to the leader of the then Soviet Union, "Mr. Gorbachev, tear down this wall."

On July 30, 2008 the Apache Wells Board of Directors is issuing a similar appeal in Maricopa County Superior Court to residents Walt and Judy Stromme in the form of a preliminary injunction request that would force them to "tear down their wall".

The Berlin wall did come down in 1987, but the Strommes are hopeful that the Court will allow their wall to remain standing.

The Strommes have been owners in Apache Wells since 1994 when they purchased lot #91 on E. Lockwood Pl. At that time there was a singlewide mobile home on it. They did not become full-time residents until they had their current home built in 2005.

In 1998 a site-built home was constructed on the neighboring lot and featured a 60" Rear Yard wall that ran from back corner to back corner of the home.

The Strommes were not in residence during the construction of their home and surrounding wall, but understood that the contractor would be responsible for adhering to zoning guidelines and being in compliance with local, city and HOA requirements. The home was inspected and approved by the City of Mesa. In July of 2005, the Stommes moved into their new home.

In the summer of 2006, Walt Stromme and another homeowner organized a group of residents who were upset over actions taken by the AWHOA Board of Directors. This group would later be known as Save Apache Wells and since its inception has provided a voice for unhappy homeowners. Walt serves as chairman of SAW, which won a major court decision in August 2007 that invalidated a February 2007 special assessment vote and stopped a planned $8.5 million community center and $6020 special assessment.

On November 5, 2007 the Strommes received a complaint from the AWHOA on their wall. (Note: their wall is the same height (60") as their neighbor's wall that was built in 1998.) An attempt to mediate the problem failed and nearly 3 years after the wall was built, the Strommes received notice that they were being taken to court for not being in compliance.

A preliminary hearing on the AWHOA's request for a preliminary injunction to force the Strommes to remove a section of their wall is scheduled for Wednesday July 30th in Maricopa County Superior Court. Scott L. Potter of the law firm Jackson-White will represent AWHOA, Inc. while Steven W. Cheifetz of the law firm Cheifetz, Iannitelli, Marcolini will represent the Strommes.

Editor's Note: Have the rules changes? In the past the Architectural Control Rules and Policies stated that the Rear Yard wall height limit is 60" max. In 1998 that meant the Rear Yard ran from back corner to back corner of the home based on the Stromme's neighbor.

On November 15, 2007 this was "clarified" by the ACR&P Committee to include **(the Rear Yard is the area across the rear of the lot and extends 10' forward on each side)**. This "clarification" came just 10 days after the Strommes received their original complaint. Since the Stromme's Rear Yard is irregular (41'X60'X12') they are being asked to reduce 31' of their 41' wall to a height of 36". According to the Strommes, their neighbors like their wall and enjoy the privacy it affords. Let's "grandfather" the Stromme's wall and save some of our homeowners' dues money for improving our community.

Let us know what you think. E-mail us at the address at the bottom of the page. Comments will be posted on our OPINIONS & FEEDBACK page unedited and without comment, as is our policy. Please include name and lot number and one e-mail per household only.

Richard (Dick) Burlager passed away on Sunday, July 20. A service will be held Friday, July 25, at 10:00AM at All Saints Catholic Church, 1534 N. Recker Road, Mesa, Arizona. Lunch will follow the service. Internment will be at National Cemetery in Cave Creek, Arizona.

Please pass this information on to your neighbors who do not have e-mail and may wish to attend the service.

For your information:
Each year a number of our friends and neighbors at Apache Wells pass away. When this information is received at the Homeowners Office, an obituary is posted on the bulletin board and included in the next issue of the Roundup. The e-mail newsletter list now presents us with another means to communicate this information.

Every effort will be made to include all Apache Wells residents who pass away in these notifications; however, we are dependent on this information, and the accuracy of it, to be communicated to the Homeowners Office.

CONTACT INFORMATION
AWHOA Administrative Office
2223 N. 56th St.
Mesa, AZ 85215
Phone: (480)832-1550
Email: To contact or provide information to the AWHOA Office Staff
office@awhaoffice.phxcoxmail.com
Email: To add your e-mail address to the AWHOA E-mail Newsletter database
media@awhaoffice.phxcoxmail.com

Weather Service Defines Arizona Monsoon Season!
By Mike Branom
East Valley Tribune

When it comes to safety during the monsoon, Arizonans seem to be missing the point - because they're too concerned with the dew point.

The National Weather Service is scrapping the strict meteorological definition of the monsoon - the yearly weather phenomenon bringing thunderstorms to the Valley.

Instead, June 15 through Sept. 30 will be designated statewide as "Arizona Monsoon Season."

Until this year, the monsoon was said to begin when there were three consecutive days with a dew point, which relates to moisture in the air, of at least 55 degrees. Yet damaging thunderstorms can erupt weeks before that mark is reached, and some residents aren't prepared.

"It's pretty evident, to me, people don't get it," said Tony Haffer, the Weather Service's meteorologist in charge of the Phoenix office.

Under the new designation of a distinct season, Haffer hopes the focus will be on the potential for lightning strikes, dust storms, flash floods and punishing winds.

High-powered winds, rain wrack east Mesa
Eddi Trevizo, John Leptich, Tribune
July 21, 2008 - 9:59PM

A heavy downpour and gusts of wind blowing up to 60 mph toppled trees and collapsed power lines throughout northeast Mesa Monday night, authorities said.

About 7000 Mesa residents were left in the dark from collapsed power poles. Mesa police said damaged or broken power lines felled trees throughout the northeast of Mesa, including in the area of Southern Avenue and Power Road, Recker and McKellips roads, and Broadway and Sossaman roads.

A severe thunderstorm warning was issued for Mesa but ended as of 8:15 p.m., according to officials. The worst was over, and the storm had dissipated mostly by 9 p.m., officials said.

Winds reached an average speed of about 30-40 mph, but severe winds reaching 60 mph and greater were measured near Mckellips and Power roads, and likely caused the greatest damage, said Mike Bruce, a National Weather Service meteorologist at the Phoenix office.

"We hope most (power poles) will be back in service in an hour and hopefully all the customers back by midnight," the Salt River Project released in a media statement.

Wings of Historic Aircraft Stolen at AWCC!
Theft of aircraft wings leaves restorer frantic
By Katie McDevitt
East Valley Tribune
July 16, 2008 - 8:12PM

So when thieves stole two of them - from historic aircraft - out of a storage area at a golf course near Falcon Field last week, the Mesa airplane restoration expert was devastated.

"If they do damage to it, we're (in trouble)," Kropp said of the wings. "It's lost to history."

The wings, weighing a combined 2,500 pounds, had been sitting in a secured storage lot at Apache Wells Golf Club, 5601 E. Hermosa Vista Drive, waiting to be put onto two airplanes that were being assembled at Falcon Field. The historic aircraft were then going to be displayed at the Wingspan Aviation Heritage Foundation museum.

The wings belonged to a Lockheed PV-2 Harpoon and a Lockheed T-33 jet trainer. The PV-2 was built in 1945 and was a World War II Navy patrol bomber and the T-33 was built in the 1950s and was a jet trainer for the U.S. Air Force. Kropp said there are only 35 PV-2 airplanes left in the world.

"These wings are big, heavy pieces," Kropp said. "They're not something that you could tuck under your arm."

A $1,000 reward has been offered for their safe return. Police ask anyone with information to call (480) 644-2211.

UPDATE: Stolen wings from historic planes recovered
Katie McDevitt, Tribune
July 22, 2008

Two historic airplane wings that were stolen more than a week ago were returned to their owner Friday and Saturday after an anonymous caller known only as "Fred" revealed where they were located.

The anonymous caller on Friday contacted Mesa's Falcon Field and asked to talk with Mesa airplane restoration expert Robert Kropp, then told him the location of one wing and the trailer.

Kropp contacted police, who flew an air unit over desert terrain east of Johnson Ranch near Queen Creek, and found a wing and trailer.

The following day, the caller again contacted Kropp and gave him the location of the second wing, which police found near Signal Butte and Pecos roads.

"We don't know at this point who the caller was," said Mesa police spokesman Sgt. Ed Wessing. "He would only speak with the victim and would only identify himself as Fred. The phone numbers came up private."

We recently received the following e-mail newsletter from the Homeowners Institute and wish to share it with our website visitors.

Congratulations to Ms. Bagorazzi and her attorney, Clint Goodman, in their victory making national news. Ms. Bagorazzi, a disabled widow, was forced to sue her HOA when it refused to let her park in her handicap space. View her compelling story at http://www.hoawebtv.com.

Homeowners Institute invited to appear on the acclaimed "On The Commons" radio talk show to address the benefits and problems homeowners face in community living. Listen by clicking on http://www.onthecommons.com.

Arizona Republic invites Homeowners Institute staff attorneys to write in their 2nd and 4th Saturday HOA Q&A Column.

Homeowners Institute praised by the East Valley Tribune and 93.3 KUPD talk show host Austin Hill for their efforts to protect the homeowner. View the story at http://www.eastvalleytribune.com/story/111788

Our attorneys worked very hard this session on HOA reform. We are sad to say that this session ended before lawmakers could vote on Senate Bill 1162. Thank you to 93.3 KUPD, the East Valley Tribune and Arizona Republic for supporting us in our efforts. You can read about the bill by clicking on http://www.eastvalleytribune.com/story/118870 and http://www.eastvalleytribune.com/story/116372.

Ever wonder if that citation you received for parking your car on the public street is valid? Do you know what that 3-inch thick pile of rules you received at closing means? Our July 2008 Articles answer these questions and are available by logging in to the membership services page.

Our attorneys are working as fast as they can to answer your questions, but are behind schedule due to a significant increase in questions submitted. Thank you for all of your questions and your patience as we work as fast as we can to post those questions on everyone's mind.

Remember to post your questions and get answers by accessing your membership services page.

ANSWER: An HOA must call and hold a removal meeting within 30 days of obtaining a valid petition for removal. The Arizona Legislature recognizes that there will be instances where homeowners within the association may become dissatisfied with or feel that the board of directors of their association needs to be removed. As such, the legislature has adopted laws allowing any homeowner to circulate a petition for removal of one or more of the board members of their association. (See A.R.S. 33-1243; 33-1813) The petition must state the purpose for which it is being circulated and must be signed by at least 25% of the members within the association in good standing and eligible to vote. The sponsoring member then submits the petition to the Board.

Under Arizona law, the board of directors must notify all members of the association of a special meeting, called pursuant to the petition, to be held within 30 days of receipt of the petition. The association must give notice to each member, as required under the community documents of the association or Arizona law. At the time and place designated under the notice sent out by the association, members may attend and cast their vote on the issue of removal.

The scope of the removal meeting is limited to the purpose stated on the petition and may not be expanded. In order for any action at the meeting to be valid, there must be a sufficient number of the members present at the meeting or casting vote by absentee in order to establish a quorum. Arizona law sets the quorum requirement for this type of special meeting at 20% of the eligible member votes. If quorum is established, the majority vote wins. Based on the outcome of the vote, a board will either be removed or remain in office.

If the board is not removed, Arizona law prohibits another recall election for the board members serving under the same term as when removal was attempted. Should the board be removed, the members of the association will elect a new board at a different meeting, noticed to the entire membership.

Can My HOA Really Tell Me What to Do?
HOA authority has some limitations
By Clint G. Goodman
Special to the Arizona Republic
May 29, 2008 - 11:04 AM

Question: Can my homeowners association really tell me what to do?
Answer: For better or worse, Arizona is a state with many planned community and condominium associations.

After receiving numerous questions in response to our last HOA column, we realized that many homeowners don't know how to find out their basic rights and responsibilities in their respective associations.

The first step to understanding homeowner rights is to recognize that an association does have authority to tell you what to do, but that authority is limited by the governing documents of the association and Arizona law.

Governing documents typically consist of a declaration of covenants, conditions and restrictions (CC&Rs), articles of incorporation, bylaws, and rules.

Editor's Note: Clint G. Goodman is the founding attorney and president of the Homeowners Institute. Clint currently practices law at Jackson White, PC. His biography states that: "prior to joining Jackson White, Clint worked for the United States Attorneys' Office and received high honors for his legal knowledge and investigatory skills. Clint is deeply committed to protecting homeowners' rights. He represents homeowners before the Arizona Court of Appeals and Arizona Superior Court."

Arizona homeowners living in an HOA suffered yet another defeat Friday in their quest for legislation to protect their rights in planned communities when the Senate failed to approve SB 1162.

The bill was originally drafted by District 19 Sen. Chuck Gray, but amended by District 22 Rep. Eddie Farnsworth with Sen. Gray's approval. Had it been approved Friday and had the Governor sighed it, it would have given homeowners a fighting chance in resolving issues with their HOAs over violations of their governing documents and state and federal laws and regulations.

It's DEAD/GONE!!! I watched that whole fiasco yesterday at the Senate or at least from 2 PM to 10 PM....it was the most disgusting display of partisan politics and bad behavior I have ever witnessed.

The Senate should be ashamed of themselves and they ALL need to be voted out of office....as soon as the video link is put up you really should watch it.

As I said to Rep. Farnsworth when it ended (with loads of bills still waiting to be heard) they "just quit" and he said "YEP, they JUST QUIT". He is not happy either.

An overview of SB 1162
A planned community is a real estate development that includes property owned and operated by a nonprofit corporation or unincorporated association of owners that is created pursuant to a recorded declaration for the purpose of managing, maintaining or improving the property.

A homeowners' association (HOA) derives its power and authority from a variety of legal documents, including the HOA's governing documents and federal and state statutes and regulations. An HOA's governing documents consist of the Declaration of Covenants, Conditions and Restrictions (CC&Rs), the Articles of Incorporation, the Bylaws and the Rules and Regulations.

An administrative law judge (ALJ) has jurisdiction over disputes between HOAs and their members. An owner or HOA may petition the Department of Fire, Building and Life Safety (Department) for a hearing concerning violations of community documents or state law. The Department reviews a petition and determines whether to refer the petition to the Office of Administrative Hearings.

An order issued by an ALJ would be binding on the parties unless a rehearing is granted, in which case the order issued at the conclusion of the rehearing would be binding on the parties. An order issued by an ALJ would be enforceable through contempt of court proceedings.

Provisions of SB 1162
1. States that an amendment to condominium or community documents does not apply to any court or administrative action filed before the amendment is adopted.
2. States that, except for amendments made by a declarant in accordance with amendment provisions in a declaration, amendments to a declaration that do not apply uniformly to similar lots are not effective without the approval of the affected owners unless the declaration indicates that amendments to the declaration are possible.
3. Prohibits the courts from awarding attorney fees in an action regarding a condominium or planned community or an appeal from an administrative order unless the attorney or party did any of the following: a) brought or defended a claim without substantial justification; b) brought or defended a claim solely or primarily for delay or harassment; c) unreasonably expanded or delayed the proceeding; or d) engaged in the abuse of discovery.
4. Allows the courts to allocate payment of attorney fees among offending attorneys and parties jointly, severally and at separate amounts and allows the award of double damages not to exceed $5,000.
5. Prohibits the assessment of attorney fees if a voluntary dismissal is filed for any claim or defense within a reasonable time after the attorney or party filing the dismissal knew or reasonably should have known that a claim or defense lacked substantial justification.

FYI: Preying on Homeowner Victims Using AHRC!
Florida man impersonates the AHRC website to induce homeowners into giving him donations
By AHRC News Services

Homeowners have a lot to worry about these days. Millions are losing their homes and all their possessions and when they go on the Internet, there are hordes of scammers waiting to prey on them.

A group of victims who were scammed when they bought homes in California, set up a grassroots group, American Homeowners Resource Center, almost two decades ago.

In 1997 they set up the first interactive networking, communicating and publishing website on the internet for homeowners, public officials and businesses. It soon became the number one website on the internet for homeowner association information, receiving about 3 million hits a month. The site was operated by a volunteer group. It was not a business and did not solicit or receive any funding from users, organizations or government.

Some of the information which victims of fraudulent foreclosures published was revealing and damaging, and the individuals committing these crimes have been working very hard to curb the First Amendment Rights of the homeowners and shut the website down.

There are others who have been using the site to mislead the homeowners and prey on them.

On April 15, 2008, a Michael-Eddie Keith of Deland, Florida, registered three domain names: tahrc.com, tahrc.net, tahrc.org. He then copied the AHRC logo and content onto them to mislead the public that they were dealing with American Homeowners Resource Center and used a Pay Pal Account to solicit money from them and to get their names and contact information.

THIS APPEARS TO BE A FRAUD. HOMEOWNERS SHOULD NOT SEND ANY MONEY TO THESE BOGUS WEBSITES AS A DONATION TO AMERICAN HOMEOWNERS RESOURCE CENTER. AHRC has not authorized these websites to use any of the AHRC content or the AHRC logo to solicit for money or register their personal information on these websites on its behalf.

If you have given money through these websites for AHRC, please inform us so that we can send the information to the FBI.

You can also help other homeowners from being preyed on by reporting this deceptive use of the Internet to government authorities, the media and fellow homeowners, and by posting this notice on your Websites and Forums.

For more information contact:
The Staff
AHRC News Services
(949)366-2125
http://www.ahrc.com

FYI: Water Essential, But Never a Certainty!
By Shaun McKinnon
The Arizona Republic
Jun. 25, 2008 - 02:38 AM

In the dry West, a secure water supply is a lifeline. But years of drought and decades of growth have pushed some water supplies to the breaking point.

Now, across the state, people are thinking about new ways to keep growth and business on track while saving water - and money - in the process. North of Prescott, new homes can sprout without diminishing the precious Verde River. Outside Buckeye, agricultural operations are reusing water and helping make organic fertilizer in the process. In Tempe, planners are taking the future of water into their own hands. Today, the stories of how sustainability is finding enough water for today and tomorrow.

Metropolitan Phoenix can claim one of the most robust renewable water supplies in the West, a double-barreled network of reservoirs and canals fed by three river systems.

FYI: Arizona's Open Meeting Law!
State reins in Surprise council over open meeting violations
by Tony Lombardo
The Arizona Republic
Jun. 21, 2008 - 12:00 AM

Disregard for the public's right to know caught up to Surprise City Council on Friday when a yearlong Arizona Attorney General's Office investigation chastised the council for repeatedly violating the state's Open Meeting Law.

The attorney general took the rare step of threatening legal penalties if Surprise does not hire a compliance officer for a year to be sure residents have total access to decisions made by their elected leaders and to put other cities on notice. The compliance officer must act as a watchdog, attending every council meeting to be sure the law is followed.

The attorney general also has proposed a number of other steps to ensure future problems do not arise. Although such remedial sanctions are not unprecedented, they go beyond the typical.

"We are here to enforce the Open Meeting Law," said Andrea Esquer, an Attorney General's Office spokeswoman. "Is this a message to other public officials? Sure."

A.R.S. TITLE 38 - PUBLIC OFFICERS AND EMPLOYEES
Chapter 3 Conduct of Office
Article 3.1 Public Meetings and Proceedings

Commentary: HOAs Change The Rules on Property Rights!
By Austin Hill
East Valley Tribune
June 18, 2008 - 6:35PM

The Arizona Senate will vote this week on an important bill, and the measure has virtually nothing to do with illegal immigration or the state budget fiasco. Senate Bill 1162 is about something more fundamental - your rights to own private property, and your rights to "freely contract."

I've gotten lots of response when I've written previously about how these rights are threatened by homeowners associations.

One such response was from a real estate agent, saying, "You're unhappy in your neighborhood and you're free to leave it (even though I hadn't written about my own HOA), so let me help you get in to a different home."

I called and said, "You're right, I need to move. I want to buy a house in the East Valley that's less than 10 years old and is not regulated by an HOA. Where should we begin looking?" He followed up with me two days later and said, "Uh, well, given your parameters, the choices are rather limited..."

Austin Hill of Gilbert is a host for Web TV (www.Arizonawebtv.com) and is heard on XM Satellite Radio. He is co-author of "White House Confidential: The Little Book of Weird Presidential History", and is an editorialist for the national news and commentary site Townhall.com. Contact him via e-mail at info@austinhill.net. Visit Austin Hill's website at austinhill.net.

Things you don't know about your HOA!
By James C. Sandefer
The Northwest Explorer Newspaper

If you live in a homeowner association (HOA) governed community, there may be many things you don't know and aren't being made aware of, unless you're on the board of directors, are close friends with a board member or are possibly part of an "insider's clique".

In time, many homeowner associations become insulated from residents and their concerns. Attending meetings can be as interesting as watching a weed grow.

1. Boards lack adequate oversight and can become flawed forms of corporate "government". Some are potential lawsuit magnets, with homes and annual dues serving as collateral.

What if your board decides to float a loan or establish a line of credit to finance grandiose expansions without asking for homeowners' approval? Their actions ultimately could sink the place. According to recent media reports, poor or unchecked financial management often tops the list of reasons why some associations get hauled into court by lenders and residents.

2. You might be one election away from authoritarianism. Think about it. It just takes one rotten, egotistical apple to taint an entire board. Maybe that's why management companies have emerged as bailout options for many HOA's teetering on crisis. Staying on the sidelines while the egomaniacs fight for the coveted title of "retirement compound idiot" may be one's safest vantage point.

3. A board position may not be open to all homeowners. Some boards have cleverly set up "election" committees to screen would-be candidates under the guise of ferreting out the best-qualified applicants. I've learned that some HOA board members arrange for their spouses or HOA employees to serve on such committees, to allegedly ensure that "proper" candidates get a vote. Anything is possible when people with too much time on their hands get a fresh whiff of power and influence.

Editor's Note: This article by James C. Sandefer was published in The Northwest Explorer Newspaper in September of 2006 and represents a compilation of some of the problems that are prevalant in many HOAs throughout the country and is not intended to reflect on the Boards of Directors of Apache Wells past and present.

CHORE Pushes for HOA Bill, But Not All in Favor!
By Todd Hoover
Independent Newspapers

An Arizona State Senate bill has several homeowners chomping at the bit to level the playing field in the fight against homeowners associations, but one East Mesa attorney thinks only a few fighters would ultimately benefit from the legislation.

The Coalition of Homeowners for Rights and Education, an East Mesa-based volunteer organization aiming to inform, educate and support homeowners in restricted communities, is trying to pass Senate Bill 1162 through the legislature.

The bill was originally drafted by District 19 Sen. Chuck Gray, but amended by District 22 Rep. Eddie Farnsworth with Sen. Gray's approval.

CHORE member Pat Haruff - a resident of Sunland Village, bordered roughly by Greenfield, Broadway and Higley roads and Southern Avenue - said CHORE got House Bill 2824 passed in 2006, allowing homeowners to file a complaint with the Office of Administrative Hearings - ultimately heard by an administrative law judge - if homeowners associations violate state statute; covenants, conditions and restrictions; or bylaws.

The $550 a homeowner pays to file a complaint must be paid back to the homeowner by the HOA, and the administrative judge can implement civil violations on the HOA at $500 per violation.

Ms. Haruff said if the HOA then files an appeal in Arizona Superior Court, SB 1162 would give judges the right to waive attorney fees if the judge thinks the litigant brought or defended a claim without substantial justification, brought or defended a claim primarily for delay or harassment, unreasonably expanded or delayed the case or engaged in abuse of discovery.

SAW supports passage of SB1162 and encourages homeowners to e-mail their state representatives and the governor in support of this legislation. Contact information is available in our May 19, 2008 posting below.

It's official: Gas Crosses $4 Threshold!
By MSN Money staff and wire reports

A gallon of regular averages $4 for the first time in U.S. history, with 15 states crossing the threshold. Expect worse, because last week's huge rally in oil prices hasn't shown up yet.

The average price of a gallon of regular gas crept past $4 for the first time in U.S. history over the weekend, and that doesn't reflect the furious two-day surge that pushed oil prices to a record-shattering $139 a barrel on Friday.

While Americans who have to drive will feel the biggest squeeze, the increased prices also translate into higher costs for consumers and businesses, who will be forced to shoulder increased costs for food and anything else that needs to be transported.

12 ways to find cheaper gas...
With gas prices stuck in the stratosphere, you can save hundreds of dollars a year by using these tips and tricks to buy your gas for less.

Why it's a great time to buy a car...
This is when your credit record matters. You have great scores? Car loans are cheap, and carmakers are eager to deal. Bad scores? You'll pay and pay.

Get 50 mpg -- in your own car...
You too can wring much more out of every gallon of gas, even if you don't go to the crazy lengths of so-called hypermilers. Here are basic steps anyone can take to get real savings.

Why $4-a-gallon gas is a bargain...
Even with the recent spike in the price of fuel here, the US still hasnï¿½t caught up to much of the world. Drivers in Norway and Great Britain pay more than twice what we do for a gallon of gas.

What if gas cost $10 a gallon...
Forget pizza delivery. And cheap airfares. And bottled water. In fact, forget a way of life that looks much like today's. But would that be so bad?

Paul Carlson, husband of Virginia, passed away June 3rd. The memorial service will be at 1:00PM on Sunday, June 8th at Apache Wells Community Church.

Carl Howard, husband of Maxine, passed away May 20th. A service was held in Gilbert on May 24th.

For your information:
Each year a number of our friends and neighbors at Apache Wells pass away. When this information is received at the Homeowners Office, an obituary is posted on the bulletin board and included in the next issue of the Roundup. The e-mail newsletter list now presents us with another means to communicate this information.

If you would like to receive the Apache Wells E-mail Newsletter, send your name, lot number and e-mail address to media@awhaoffice.phxcoxmail.com.

We received the following e-mail in our Junk E-mail today. It looked suspicious, so we called our local Bank of America Office. The woman we spoke to assured us that the e-mail WAS NOT from them and was likely a "phishing" attempt by someone attempting to get our personal information. She told us that over 50 of the bogus e-mails had already been forwarded to the bank by customers.

PHISHING: (fish'ing) (n.) The act of sending an e-mail to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The e-mail directs the user to visit a Web site where they are asked to update personal information, such as passwords and credit card, social security, and bank account numbers, that the legitimate organization already has. The Web site, however, is bogus and set up only to steal the user's information.

Due to concerns for the safety and integrity of your Bank of America account, we have issued the warning message. It has come to our attention that your Bank of America account information needs to be updated as part of our continuing commitment to protect your account in this year 2008 and to reduce the instance of fraud on our website. If you could please take 5-10 minutes out of your online experience and update your personal records, this will lead to no future problems with the online service. Once you have updated your account records, your Bank of America account service will not be interrupted and will continue as normal.

To update your Bank of America records click on the following link
http://www.bankofamerica.com/SignOn?ID=KJF773H9

DON'T BECOME A VICTIM OF IDENTITY THEFT!
If you receive this e-mail or any other like it that asks you to provide personal information, do not respond to it. Also, "phishing" attempts can arrive over your telephone and by U.S. Mail too! Please share this information with your friends and neighbors who may not be aware of this criminal activity.

Editor's Note: On May 19, 2008 we posted an article on SB1162, which is currently before the Arizona Legislature. For details of the bill, please refer to that posting. The following article opposing SB1162 was sent to us by Pat Haruff of CHORE and was written by Nick Dranias, Director of the Center of Constitutional Government at the Goldwater Institute. A response to the article by Attorney Steve Cheifetz was also included in her email and can be viewed at the end of the Dranius article. We urge all visitors to our website to contact members of the Arizona Senate and Governor Janet Napolitano in support of SB1162. We believe that this bill is in the best interest of HOA residents. Email addresses of the Senators and a link to the Governor's website contact page are available in the May 19th posting.

Regulating HOAs Violates Freedom of Contract!
By Nick Dranias, Director
Center for Constitutional Government at the Goldwater Institute
www.goldwaterinstitute.org

The Arizona Senate is considering a bill (SB1162) that would regulate homeowner associations by imposing government mandates on HOA contracts.

This bill runs afoul of freedom of contract, the principle that the government should not interfere with agreements reached by willing parties. This principle recognizes that the state should not superintend the wisdom of contractual relationships.

Because the relationship between homeowner associations and their members is a voluntary contract, any law that overrides that relationship violates this principle. Moreover, such laws risk violating Article 2, Section 25 of the Arizona Constitution, which provides, "No law impairing the obligation of a contract, shall ever be enacted."

If enacted into law, the bill under consideration would override "loser pays" provisions in homeowner association agreements that require a losing litigant to reimburse the association for the attorneys' fees and costs incurred in defending a lawsuit. The law would thereby erase provisions that are meant to discourage litigation. This threatens homeowner associations and their members with a greater risk of litigation and higher assessments.

The regulation of homeowner associations is unwise and unconstitutional. Even if a few abusive homeowner associations deserve to be sued more often, it would be ham-fisted to encourage an across-the-board increase in litigation against all associations. If freedom of contract means anything in this state, it means that we shouldn't all suffer together when the state overreaches in deciding what's best for us.

In our May 9th posting we took a look at how Federal and State regulations affect the operation of HOAs. In this posting we will take a look at how the Arizona Non-profit Corporation Act affects HOAs. Apache Wells is a non-profit corporation that is registered with the Arizona Corporation Commission.

    (1) File articles of incorporation with the Arizona Corporation Commission (the "ACC"),
    (2) Publish the articles of incorporation in a newspaper of general circulation the required           number of times, and
    (3) Submit an affidavit of publication to the ACC.

Despite this relatively easy three-step process, there are a number of tasks that must be performed to incorporate in Arizona. The following is a checklist of the tasks necessary to form an Arizona non-profit corporation.

___ Select a unique name for the corporation.
___ Prepare the Articles of Incorporation.
___ Choose tax exempt or tax paying non-profit corporation.
___ Choose membership or non-membership non-profit corporation.
___ Select a statutory agent.
___ Prepare a cover sheet of the Articles of Incorporation.
___ Certificate of disclosure signed by incorporators and officers.
___ File incorporation documents with the ACC.
___ Pay the filing fee.
___ Address to file Articles of Incorporation?
___ Make a file copy of the Articles of Incorporation.
___ Approval or rejection by the ACC?
___ Publish approved Articles of Incorporation in newspaper.
___ Prepare the Bylaws.
___ Conduct a Board of Directors meeting.
___ Obtain a Minute Book Kit (a file of corporation documents).
___ Obtain a Federal Employer ID number.
___ Obtain an AZ Department of Revenue ID number and tax licenses.
___ Hold an Annual Meeting of members and directors.
___ Retain an attorney to provide legal counsel.

Arizona Non-profit Corporate Laws that regulate the operation of an HOA are listed under Article 10: Chapters 24-40 of the Arizona Revised Statutes.

LEGISLATIVE UPDATE:
According to homeowner advocate Pat Haruff of CHORE, legislation to restore Homestead Exemption Protection to people living in HOAs didn't make the cut for bills to be introduced in the 2008 session of the Arizona Legislature.

In 2007, SB1330 passed both the House and Senate and made it all the way to the governor's desk where it was vetoed. Governor Napolitano cited the reason for her veto as the fact that the bill violated the "single subject rule" since it also included unrelated provisions to allow For Sale Signs and Solar Energy Panels. Had it been signed into law the bill would have restricted an HOA's ability to foreclose on homes and would have protected up to $150,000 of the owners home equity. Homeowners who do not live in HOAs currently enjoy this protection. A bill to allow For Sale Signs and Solar Energy Panels was introduced later, was passed by both houses and signed into law by the Governor. No action was taken on reintroducing Homestead Exemption Protection for residents of HOAs.

Hopefully Homestead Exemption Protection legislation will be reintroduced in the 2009 legislative session.

Gas Prices Continue to Rise; 6 Gas-Saving Myths!
by Peter Valdes-Dapena
for CNN.com

Sure you want to save gas, but there's a lot of bad advice on how to do it. Some of it makes no difference, and some of it can wind up costing you.

With gasoline prices hitting record levels, it seems everyone has a tip on how to save fuel. Much of the advice is well-intentioned, but in the end, much of it won't lower your gas bill.

You may have heard that it's best to fill your gas tank in the early morning while the fuel is cold. The theory goes that fluids are more dense at lower temperatures, so a gallon of cold gas actually has more gas molecules than a gallon of warmer gas.

But the temperature of the gasoline as it comes out of the nozzle varies little during the course of the day, according to Consumer Reports, so there's little, if any, benefit, to getting up early to pump gas.

Representing Arizona homeowners, we've noticed a recent and alarming trend of Homeowners Associations amending the Association's community documents to force courts to dismiss lawsuits against Associations for their wrongdoing, thereby denying the homeowners their day in court. Often, these amendments result in unequal restrictions that apply to the one homeowner, but not others. Through this improper process, the Association acts without legal consequence and the homeowner has little, if any, recourse.

If Senate Bill 1162 is passed, both of these problems will be solved by proposed legislation this session, which already has passed the House floor vote and is currently under final review by the Senate. Senate Bill 1162, which passed House vote by a margin of 52 to 1 with 7 non-votes, would make amendments to community documents inapplicable to pending lawsuits. In addition, amendments to community documents that apply unequally to members in an association would be unlawful.

Senate Bill 1162 also attempts to reinforce the legislature's 2006 law sponsored by Rep. Eddie Farnsworth that created an administrative forum to quickly resolve disputes between homeowners and their Associations, short of the expensive and lengthy Superior Court battles. Over the past year, homeowners are increasingly avoiding the administrative forum because Associations routinely appeal the administrative orders to the Superior Court and seek attorneys' fees against homeowners. These appeals effectively destroy the legislature's intent of creating an expeditious and cost effective dispute resolution forum. If passed, Senate Bill 1162 will rehabilitate the 2006 law by disallowing attorneys' fees awards, unless one of the parties engages in misconduct. Lobbyists for Arizona Associations oppose the prohibitions on attorneys' fees, claiming that attorneys' fees should be awarded under the community documents and state law, even when the attorneys' fees are excessive and would force homeowners away from the administrative forum.

If SB1162 passes the Senate vote, it will then be sent on to Governor Janet Napolitano's desk, hopefully where she will sign it into law. To contact the governor's office and ask her to support this legislation, click here.

Commentary: Senate Bill Protects HOA Members' Rights!
By Austin Hill
East Valley Tribune
May 15, 2008 - 12:57AM

I care deeply about private property rights. And I bet you do, too. In fact, given the reaction I've gotten each time I've written here about the threat to private property rights posed these days by Arizona homeowner's associations, it would seem that a lot of East Valley residents care deeply about the right to private property.

That's why I'm glad to pass along some good news, as the battle to protect homeowners continues.

In its current state, the legislation is called SB1162, and is likely to go to a full vote in the Arizona Senate. Rep. Eddie Farnsworth, R-Gilbert, helped lead the way for this bill to get passed in the House of Representatives - now it's up to the Senate and the governor to determine if this will become law.

In 1987 a group of homeowners, at odds with well organized, politically influential real estate foreclosure lawyers, set up an independent media organization, American Homeowners Resource Center.

In 1997 the group created an interactive public service website (www.ahrc.com) to enable America's homeowners to network with one another, to communicate with public officials, and to publish their stories and news. AHRC.com quickly grew to become the number one homeowner association resource on the internet, getting 2.5 to 3 million hits a month and used by people around the world.

The home foreclosure lawyers (Peters & Freedman) filed a motion with the Orange County Superior Court to turn over the domain name AHRC.com to the them, in order to shut down the information about their litigation and foreclosures from reaching the millions using AHRC.com for homeowner association news. Peters & Freedman represent over 700 HOAs and also have been defendants in several RICO (Racketeer Influenced and Corrupt Organizations Act) and fraudulent foreclosure lawsuits.

AHRC.com has been relied on by virtually every media organization for information on homeowner associations - including, the New York Times, Wall Street Journal, CBS, ABC, NBC, FOX. If the AHRC.com website is closed down, homeowners around the country would be dramatically impacted because these media organizations would not be able to give information on homeowner associations and homeowner complaints to their readers/viewers.

"Peters & Freedman is trying to steal the AHRC.com website," says Elizabeth McMahon (AHRC News Services) and "shut out information on foreclosure fraud from reaching other homeowners, government officials and the world."

HOAs fall into one of two categories: (1) Condominiums, in which the homeowners share proportionally in the ownership of the common areas, or (2) Planned Communities, in which the common area is owned by the HOA itself. This distinction is important because it determines which state laws apply to the HOA and its homeowners.

Topics of interest to homeowners living in an HOA:
    General Assessment or Dues
    Fines and Rules Violations
    Records & Books
    Meeting Minutes
    Accounting Records
    Open Meetings of the Board
    Persons with Disabilities
    New Protections for Homeowners

Clint Goodman and Scott Potter, attorneys with the law firm of Jackson-White, P.C., are the founders of the Homeowners Institute. According to today's Arizona Republic news release the institute was "created as an educational organization based on Jackson-White's experience representing homeowners against HOAs".

Goodman and Potter will co-author a twice-monthly column in the Arizona Republic in which they will answer questions of "concern or curiosity" from area homeowners. The news release further states that "Unlike most attorneys who specialize in HOA-related laws, they represent homeowners, not associations."

Editors Note: Jackson-White P.C. also serves as legal counsel for the Apache Wells Homeowners Association, Inc.

In a previous posting on April 25, 2008 entitled HOA 101: Know Your Governing Documents, the Articles of Incorporation, the Declaration of Restrictions (CC&Rs), the Bylaws and Rules were explained. In addition to these community documents, we are also subject to federal and state regulations which in most cases overrule the governing documents.

FEDERAL REGULATIONS:
Federal law defines "HOA" primarily for tax collection purposes. The definition requires not only that the association be organized and operated for the aquisition, construction, management, maintenance and care of association property as under Arizona state law, but also that a certain percentage of gross income be derived from membership dues, fees or assessments, and that a specific percentage of expenditures cover care and maintenance of the property.

Various federal laws may also affect the operation of HOAs. Examples include the Federal Bankruptcy Act and the Federal Communications Act.

STATE REGULATIONS:
Many aspects of HOAs are directly governed by Arizona statute, such as the Planned Communities statutes and the Non-Profit Corporations Act.

The Planned Communities statues took effect in 1994 and constitute the first regulations pertaining specifically to the formation and operation of HOAs. Currently, these statutes address assessment increases, penalties, open meetings, disclosure of association records, resale disclosure, penalty and assessment liens, foreclosures, flag and political sign display, vehicle parking, for sale signs, solar panels and certain affairs of the boards of directors. Additional legislation is planned for the future as more and more HOAs spread across Arizona.

We will take a look at the Non-Profit Corporations Act regulations at a later date. If you have a question concerning HOA regulations, send us an e-mail to the address at the bottom of this page.

The purpose of this article is familiarize our homeowners with some of the Arizona state statutes that directly impact the operation of Apache Wells. Our AWHOA derives its power and authority from both state and federal laws along with the community's governing documents. If you have a problem with the HOA, you want to first check the AWHOA governing documents in your telephone directory followed by any applicable state and federal regulations.

Editor's Note: the term "notwithstanding" appears in many of Arizona statutes and means "despite" or "in spite of".

A homeowners association is an organization established to govern a private community. Typically it owns and manages some common property for owners of private houses or condominium/townhome units. By buying a lot and/or home, an owner automatically becomes a member of the homeowners association of which it is a part.

Most homeowners associations are corporations established under the Not-for-Profit Corporation Law. A homeowners association is similar to other corporations - it is governed by a board of directors elected by the members and a set of rules called by-laws. Books and records of financial transactions must be kept, taxes paid, and certain services provided to members in accordance with the governing documents. Usually the board has an annual budget prepared to estimate expenses, and then assesses each member a share of the costs.

SLOW DOWN ... SLOW DOWN ... SLOW DOWN!
PLEASE OBSERVE ALL SPEED LIMIT SIGNS, including those within Apache Wells. Remember that the speed limit in our community is 25mph. In the common areas the speed limit is 10mph. For the safety of everyone, please slow down!

SUMMER OFFICE HOURS: May 15th thru September 15th 9:00AM-3:00PM Monday thru Friday. Closed from 12:00PM-12:30PM for lunch.

SUMMER LIBRARY HOURS: Monday thru Friday 9:00AM-1:00PM and Saturday 9:00AM-Noon.

PLANNING TO LEAVE US? Don't forget to file a Departure Form with the office. The form and a list of Security Tips was posted on April 19, 2008 below. Have a safe trip!

DON'T FORGET to keep your place looking good, especially by controlling those tenacious weeds. It's your responsibility, so if you are leaving for an extended period of time, have someone take care of your property.

DTV TRANSITION! On February 17, 2009 at midnight, all TV stations in the US will stop broadcasting in analog and switch to 100% digital. If you have satellite, cable or a new digital TV you are all set. If not, you will need a converter box in order to receive the digital signal. You can get up to 2 coupons each worth $40 to offset the cost on purchasing the converter box by visiting www.dtv2009.gov or calling 1-888-388-2009.

MARK YOUR CALENDAR! The next Board of Directors Thursday meetings are 10/2/08 and 10/16/08 at 8AM in the Administration Building. The General Homeowners Meeting is on Tuesday 10/14/08 at 7:00PM in Room A.

AWCC BUILDING PROJECT: Follow the progress of the Apache Wells Country Club Building Project this summer on our website with updates and photos of the demolition and start of construction.

RECENT DEATHS:
Kay Shuman, former resident March 10
Wilmer Fricke, former resident March 13
Joe R. Davis, late March
Leo Turner, March 10
Alton Baglien, former resident March 13
Roy Davis, former resident March 28
Francis Schrage, former resident
Lucille Love, April 18

Most of us "Northerners" who are recent transplants to Arizona probably first heard of Cinco de Mayo from long-time residents or through announcements of the celebration on television or in newspapers. It is not an official holiday in this country, but it is celebrated unofficially by many Mexican-American residents. Many local restaurants offer special Mexican dishes and drinks during the celebration that goes on for several days starting the first of May and usually ending on the 5th of May.

Cinco de Mayo commemorates the May 5, 1862 Battle of Puebla (Batalla de Puebla) in which General Ignacio Zaragoza's Mexican troops defeated Napolean III's French forces. France, along with England and Spain, had occupied Mexico since mid-1861 as a result of President Benito Juarez' moratorium on foreign debt payments. Eventually England and Spain withdrew, but the French remained in an attempt to create an empire in Mexico. The French began a military advance on Mexico and on May 5, 1862, about 5,000 Mestizo and Zapotec Indians defeated Napolean's army.

Many people confuse Cinco de Mayo with Mexican Independence Day which is September 16th and celebrates Mexico's independence from Spain in 1810. Cinco de Mayo is celebrated more in the United States than in Mexico and many people of Mexican descent celebrate with parades, music, and dancing. The Cinco de Mayo celebrations in our area are open to all who enjoy zesty Mexican food and good old-fashioned family fun.

LOCAL 2008 CINCO DE MAYO EVENTS:
Chandler Cinco de Mayo Festival
Saturday May 3, 2008
Annual Cinco de Mayo Celebration held in Historic Downtown Chandler. This is a family event that runs from noon to 8 p.m. at the downtown Library Plaza in downtown Chandler, which is south of Chandler Blvd. and west of Arizona Ave. Music, dancing, food, vendors. Don't miss the annual Chihuahua Races! Visit Website

Phoenix Cinco de Mayo Festival
Saturday & Sunday May 3-4, 2008
This two-day festival celebrates Cinco de Mayo with international and local entertainers, corporate booths, traditional Mexican foods, a children's play area, and enjoyment for the entire family. The Cinco de Mayo Festival will take place at Central & Washington in downtown Phoenix. Call for more info 602-279-4669. Saturday May 3 (1 p.m. to midnight) and Sunday May 4 (noon to 10 p.m.)

Scottsdale Cinco de Mayo Celebration
Saturday May 3, 2008
The City of Scottsdale Parks and Recreation is hosting a Cinco De Mayo Celebration at the Scottsdale Mall, just north of the Scottsdale Arts Center on the Outdoor stage. City of Scottsdale's International Club Dancers will perform. There will be music from Mexico, and craft booths. Raffle prizes. Call for info 480-312-2711. Saturday, May 3 (6 p.m. to 9 p.m.) Visit Website

Cinco de Mayo on the Verde Canyon Railroad
Monday May 5, 2008
Enjoy mariachi music, decorations, and Mexican food, as the Verde Canyon Railroad celebrates Arizona's Mexican heritage with a special Cinco de Mayo excursion. Music starts 11 a.m. Food and beverages available for purchase. Reservations required. Phone: 800-320-0718 for more information. Train leaves at 1 p.m. Visit Website

Most homeowners in Apache Wells know that our HOA is registered as a non-profit corporation with the Arizona Corporation Commission. Apache Wells Homeowners Association, Inc., by the way, is currently "in good standing" with the ACC. Check out AWHOA, Inc. on the ACC website.

FYI: Did you know that Apache Wells Homeowners Association, Inc. was formed from the merger of Apache Wells Residents and Property Owners, Inc. and Apache Wells Recreation Center, Inc. on February 13, 1987?

CORPORATE INFORMATION:
Apache Wells Homeowners Association, Inc.
2223 N. 56th St.
Mesa, AZ 85215
Corporation Type: Non-Profit
Business Type: Homeowners Association
Incorporation Date: 02/13/1987
Corporate Life Period: Perpetual
Domicile: Arizona
County: Maricopa
Approval Date: 03/06/1987
Original Publish Date: 03/19/1987

As a planned community or HOA, Apache Wells operates under what are called "governing documents". These documents include the Articles of Incorporation, the Declaration of Restrictions (CC&Rs), the Bylaws and a number of Rules.

The purpose of this article is to enlighten homeowners on the importance of being familiar with pages 7-19 of the 2008 AWHOA, Inc. Telephone Book. New homeowners, like you old-timers did years ago, must sign an agreement that they will honor these governing documents under penalty of fines, liens and even foreclosure on their home. Click on the link below to learn more!

Neighbor to Neighbor Network: Please share a copy of this article with friends and neighbors who do not have Internet access. Thank you.

Summer is approaching and that means many Apache Wells residents will be heading out of town for the summer. Unfortunately, burglars work overtime during the summer season. A vacant house that makes an appealing target for burglars during the day while occupants are at work or on a weekend get-away becomes even more appealing when its occupants are away for an extended period of time.

If you're planning to be away from home for a week or longer, follow these steps to reduce your risk of being burglarized or vandalized and give yourself greater peace of mind while you're gone. To help you remember, print the check list below and carry it with you as you prepare to leave. Check off each item as you do it. And don't forget to file your departure form with the AWHOA Office. Have a safe trip!

The purpose of this article is not to focus on the similarities of retirement communities and or associations with large retirement populations, rather to focus on the differences. Working with the elderly can be rewarding, enlightening, exhausting or frustrating, but it is never boring.

Perhaps the most frustrating thing for a customer is inconsistent service. McDonald's prides itself on providing consistent products and service. When you eat at a McDonalds in Pittsburgh or Paris you know that your double cheeseburger will taste the same, be the same size and be served in the same packaging. There is comfort in knowing what to expect.

Customer service for owners in a Community Association should be as reliable as McDonalds. Every caller should be treated with respect and a friendly and cooperative manner. Board members sometimes need to be reminded that personal differences with a neighbor should not affect the outcome of an architectural change request. The Board needs to keep in mind that "even a broken clock is right twice a day". They should listen to the frequent caller as they would a first-time caller. They should not assume they are wrong or just complaining...again.

On March 21, 2008 we announced that the Save Apache Wells Committee had been notified by an unsigned e-mail letter dated February 28, 2008 and received from the AWHOA Office on March 18, 2008 that 8 of the 9 proposed bylaw amendments that were submitted to the Board on February 7, 2008 had been rejected by the Board of Director's legal counsel Jackson-White.

We have now been informed by our attorney Melanie McKeddie of the law firm Cheifetz, Iannitelli & Marcolini that the e-mail letter we received on March 18, 2008 should not have been forwarded to us by the AWHOA Office and that the "official" letter explaining Jackson-White's evaluation of the proposed bylaw amendments was received by her law firm on April 11, 2008. In their letter, Attorney Scott Potter explains Jackson-White's legal opinion on approving 3 of 9 proposed bylaw amendments for submitting to the general membership for a vote later in 2008. Our attorneys are currently looking into Jackson-White's legal arguments for rejecting the other 6 proposed bylaw amendments.

JACKSON-WHITE REFERENCES: Arizona Revised Statutes
Click on statute link to view

Maricopa County Superior Court Judge Margaret H. Downie has ordered that the case involving the appeal of the $950 transfer fee (AWHOA, Inc., Plaintiff v. Department of Fire, Building and Life Safety, Office of Administrative Hearings and Walter A. Stromme, Defendants) be dismissed *with prejudice as of April 1, 2008.

*with prejudice: the case is dismissed and the order bars any future action on the same claim.

UPDATE: Copies of the minutes for the AWHOA Monthly Meeting held on Tuesday March 11, 2008 were made available to homeowners at tonight's AWHOA Monthly Meeting. For those who did not receive the minutes, who did not attend the meeting or who are not currently at Apache Wells we provide copies of the minutes online as a community service to our homeowners.

As many of you are probably aware, the Board of Directors has announced that an *ad hoc committee is currently looking into the hiring of a professional HOA Management Company and/or an on-site General Manager to manage the day to day operations of our community. A committee made up of former Community Long Range Planning Committee members and a cross-section of community homeowners has been formed to explore the pros and cons of this possible change. A report will be provided by the end of 2008.

2008 MANAGEMENT RESEARCH COMMITTEE MEMBERS:
    Charon Johnson, Co-Chairman
    Barbara Otto, Co-Chairman
    Liz Mangini, Secretary
    Jim Brockmann, Member
    Judi Teague, Member
    Sharon May, Member

If you would like to contact a member of the Management Research Committee to add your input to the research process you can contact the committee members through their listings in the 2008 Apache Wells Telephone Directory. You can also e-mail this website and we will forward your comments to the committee. Our e-mail address is at the bottom of this page.

The committee plans to visit 6 communities in our area who have on-site managers or management companies and interview not only the managers, but the homeowners Board and possibly residents as well to evaluate their satifaction. Visits are currently being scheduled. Members have also been given copies of the Rossmar & Graham Management Service Proposal that the members of the Board had received earlier.

A 2005-2006 committee undertook a similar survey of area communities and in February of 2006 recommended in their report the hiring of a manager (GM) to "provide timely and accurate information, advice and guidance in the areas of reserves, maintenance, insurance, budgets, governance, contracts, the law and rules". The committee report goes on to say, "The GM would be under both the Homeowners Board and the Golf Course Board. The GM could also work with our volunteer Activities Director (AD) and Activities Committee. The second step would be to hire an AD. This position could possibly be self-supporting from monies collected for activities. Volunteers could also assist the AD."

In an attachment to the February 2006 report were interview notes from the following 5 local communities that have a manager. Click on the community name to visit them online:

KEY: HOA-Homeowners Association CA-Community Association GM-General Manager AD-Activities Director PM-Park Models RV-Recreational Vehicles RC-Resort Cottages CO-Condos MH-Manufactured Homes SB-Site Built Homes GC-Golf Course

In conclusion, the February 2006 report states the following recommendations from one of the General Managers interviewed:

___1. The GM should not be a resident or employee
___2. The GM should be CAI (Community Association Institute) certified
___3. The GM should know compliances and laws relative to Association
___4. The AD could be a resident
___5. A system of checks and balances
___6. A plan to get homeowners to "buy-in" to hiring a manager
___7. Promote plan with Town Meetings, presentations, etc.
___8. Present both Pros and Cons including increased HOA fees vs. lawsuits or costs for non-compliance.

Here are two websites that have more information on the issue of hiring a manager/management company. Keep in mind that these sites are supported by either management companies or serve homeowner/community associations.

Editor's Note: This information is provided by Save Apache Wells as a community service to our homeowners and is not intended to either promote or oppose the AWHOA's plan to consider the hiring of an HOA management company to manage the operation of our community. We believe, as we always have, that if provided with reliable information on an issue, that the homeowners will make a responsible and informed decision that they will share with our Board of Directors.

*An ad hoc (Latin: "for this purpose") committee is formed to deal with a particular issue, and is usually disbanded after the issue is resolved.

On March 18, 2008 homeowners were informed that Election Committee Chairman Dee Miller had been notified by Board President Bing Miller in a phone conversation that her services and those of her committee were no longer needed. President Miller cited at that time the reason for dismissal was pressure from homeowners who had concerns over her association with Save Apache Wells.

In letters dated March 28, 2008, Dee and her committee members received official notification of their dismissal from President Miller on behalf of the Board of Directors. In his letter the Board President thanked the Election Committee members for serving and stated several reasons for their dismissal. Among the reasons given were the fact that the Board has "chosen to engage the Maricopa County Elections Committee to conduct our January 6, 2009 Board of Directors Election". The letter goes on to say, "This decision was arrived at in the attempt to bring in an independent disinterested organization to eliminate any post election debates as to violations of conduct regarding our residents that served on the Election Committee".

FYI: Is It Time For A Homeowners Bill of Rights?
A Bill of Rights for Homeowners in Associations:
Basic Principles of Consumer Protection and Sample Model Statute
Research Report
By Andrew Kochera & David A. Kahne
AARP Public Policy Institute

Associations in common-interest communities (such as homeowners associations or condominium associations) play a valuable role in modern America, and generally operate amicably to the mutual benefit of residents.

Along with the advantages of association life, there may also arise disputes between homeowners and their association. Association rules regarding participation in the association elections process, levying of fines, and procedures for resolving disputes through an objective third party can have a profound impact on the quality and enjoyment of community life. Many disagreements and disputes can be settled rather easily, but some can escalate even to the point where ownership of the home is at risk. The use of foreclosure as an enforcement tool is controversial (especially in states that permit foreclosure without a court hearing) and can be devastating to a household. The consequences of disputes can be particularly severe for older homeowners, whose homes typically represent their single largest asset.

Why a Bill of Rights? When conflicts do occur, residents have few practical options. This is because associations have the power to make rules (like a legislature), enforce the rules (like an executive) and resolve disputes over rules (like a judge)--all through a board of volunteer directors, who may vary substantially in their knowledge, experience and sometimes intent. In the absence of a separation of powers, homeowners lack vital checks and balances.

The Bill of Rights for Homeowners in Associations outlines a set of ten principles (or "rights") and model statutory language that states can follow when developing laws and regulatory procedures for common-interest communities. Additionally, associations themselves can use these principles and the concepts in the model statute explanatory discussions when developing or modifying their own governing documents. The issues addressed are applicable to all forms of common-interest communities.

*Note: The Arizona Department of Building, Fire, and Life Safety has authority to resolve disputes between homeowners and Homeowners Associations through the Office of Administrative Hearings. These administrative procedures do not limit the rights of the parties to pursue matters in the legal system, but provides an alternative. This legislation became law on September 21, 2006. View/Print filing form.

AARP, formerly the American Association of Retired Persons, is a United States-based non-government organization (a special interest group). According to its mission statement, it is "a nonprofit, nonpartisan membership organization for people age 50 and over ... dedicated to enhancing quality of life for all as we age," which "provides a wide range of unique benefits, special products, and services for our members." AARP operates as a non-profit advocate for its members, one of the most powerful lobbying groups in the United States, and also sells insurance, investment funds and other financial products. AARP claims over 38 million members, making it one of the largest membership organizations for people age 50 and over in the United States. Membership is expected to grow significantly as baby boomers age.

The Save Apache Wells Committee has been notified by an unsigned e-mail letter dated February 28, 2008 and received from the AWHOA Office on March 18, 2008 that 8 of the 9 proposed bylaw amendments that were submitted on February 7, 2008 have been rejected by the Board of Director's legal counsel Jackson-White. Only the bylaw change that would require that homeowners be notified by U.S. Mail of an upcoming vote on a proposed bylaw amendment made the cut according to Attorneys Scott L. Potter and Eric M. Jackson.

In their letter to SAW, Jackson-White stated that with the exception of one amendment, "the proposed bylaw amendments do not comply with procedural requirements, violate Arizona Law and/or the community's documents". They go on to say that "they all attempt to place decisions to be made by the board in the hands of the members". They base their decision on *A.R.S. 10-2011 and **Article V, Sections 1-5. of our Bylaws.

The attorneys conclude their letter by stating "Thus, with the exception of the proposed amendment to Article XIII, Section 1. (C), none of the SAW proposed bylaws can be submitted to the membership for a vote".

REFERENCES:
*10-2011 General powers of directors; election; compensation
A. The affairs of the association shall be managed by the board of directors elected by the members from their number. The bylaws may provide that the territory in which the association has members be divided into districts and that the directors be elected according to such districts. If the territory is so divided the bylaws shall also specify the number of directors to be elected by each district, the manner and method of apportioning the directors and of dividing the territory into districts. The bylaws may provide that primary elections be held in each district to elect the directors apportioned to the districts, and the result of such elections shall be ratified by the next regular meeting of the Association. The bylaws may further provide that additional directors be elected at large and the manner of their election.
B. The association may provide a fair remuneration for the time actually spent by its officers and directors in its service.
C. If a vacancy on the board occurs other than by expiration of term, the remaining members by a majority vote shall fill the vacancy.

**ARTICLE V BOARD OF DIRECTORS Section 1. Board of Directors A. The business of the Association shall be managed by a Board of Directors, subject to the Bylaws of the Association and such mandates as may be expressed at the Annual Meeting of the members or any special meeting of the members. The complete provisions of ARTICLE V BOARD OF DIRECTORS are available in the Apache Wells Telephone Directory and in our Online Bylaws at the the bottom of this page.

It would appear to us that what the Board's legal counsel is saying to homeowners is that they have little, if any, say in the decision making process in our community. If that is the case, then how is it that we have in our Bylaws ARTICLE XIII Section 1. Amendment Proposals A-D which explains in great detail the procedures for a member or group of members to submit an amendment proposal and have it put before the homeowners for a vote.

The proposed amendments our committee came up with were not extreme, but carefully written to reflect the wishes of many of the homeowners in our community. Here are a few homeowner concerns that were addressed. It was felt that the summer leadership void needed to be addressed; a vote of the owners should be required to hire a management company; there should be homeowner involvement in planning the annual budget; controls need to be placed on the general assessment rate, how those funds may be used and include a vote of the homeowners for an expenditure over $50,000; to specify the uses of a special assessment; a $300,000 limit on the reserve fund at which time the general assessment could be lowered; and finally clarifying the way homeowners are notified of an upcoming bylaw amendment vote.

The following homeowners served tirelessly on SAW's Bylaw Committee: Chairman Gene Wedic, Secretary Karren Olsen, Dee Miller, Judi Teague, Lois Stevinson and Paul Carlson. Having had previous amendments rejected in 2006 because of format, the committee was diligent in following the format of the current Bylaws and by utilizing BYLAWS: Writing, Amending & Revising (2nd Edition) by Joyce L. Stephens, a Professional Registered Parliamentarian. We wish to thank these individuals for their many hours of work in an attempt to make some sorely needed changes in our Bylaws. We are disappointed in the decision of the Board and their attorneys to deny us the right to present these amendments to the homeowners as provided for in our Bylaws.

We believe that this issue and the way it has been explained to us needs to be brought before the members at the next General Meeting scheduled for April 8, 2008.

Dee Miller, who has served as Chairman of the Apache Wells Election Committee for the past 11 years, has been removed from that position by Board President Bing Miller. According to Dee, she was notified by phone that he and the Board were under a lot of pressure from homeowners to remove her and her staff because of her association with Save Apache Wells.

The dismissal came just days after an election that had been held to amend the special assessment bylaw. The 2/3 majority vote needed for approval had failed by 31 votes. At the homeowners meeting that same evening a number of supporters of the amendment displayed anger and disappointment that the amendment had failed. SAW had campaigned to keep the current bylaw and had urged homeowners to oppose the proposed amendment. We can only assume that this was a contributing factor in the decision by the Board President to remove Dee and her workers from running any future elections.

Those who know Dee well know that when she and her Election Committee Team conduct one of our elections they do so as impartial volunteer homeowners performing an essential service for our community and that their involvement with SAW or any other group does not enter into their committee duties in any way. To do so they know would be an unforgiveable conflict of interest and a disservice to the community. The dedication and honesty of these homeowners has never been questioned until now.

Editor's Note: Let us know how you feel about this action by our Board President. Include your name and lot number and we will publish your response on our OPINIONS & FEEDBACK page unedited and without comment as is our policy. One comment per residence please. Our e-mail address is at the bottom of this page.

A BRIEF HISTORY: On April 23, 2007, attorneys of the law firm Cheifetz, Iannitelli & Marcolini filed a lawsuit on behalf of 92 homeowner plaintiffs challenging the February 21, 2007 approval of a $6020 special assessment to fund an $8.5 million community center building project. Steven W. Cheifetz was lead attorney.

Named as defendants in the lawsuit were 21 present and former members of the AWHOA Board of Directors and their spouses who were represented by the law firm Jones, Skelton & Hochuli who had been appointed by the Board's insurance carrier. J. Gary Linder was lead attorney.

On August 20, 2007, Maricopa County Superior Court Judge Bethany G. Hicks ruled that the election for the $6020 special assessment had failed to obtain the required votes for approval under the AWHOA special assessment bylaw.

From late August 2007 until early January 2008 attorneys from both sides worked to hammer out a settlement agreement that would avoid further expensive litigation.

In mid-January 2008 an agreement was finally reached and on March 5, 2008 the signing of the final settlement agreement was completed and attorneys for both parties filed the necessary legal documents to dismiss the remainder of the lawsuit.

The proposed special assessment bylaw amendment failed to obtain the required number of votes for approval on Tuesday March 11th. There were 1149 valid votes cast which is a near record 81% voter turnout. Although all 1411 homeowners received absentee ballots in February, 262 homeowners chose not to vote. The 2/3 majority required for passage of the amendment failed by 31 votes.

The current bylaw that requires a majority vote of residential unit owners (50% + 1) to approve a special assessment remains in effect. The proposed amendment, had it been approved, would have required only a majority vote of residential unit owners present and voting to approve a special assessment.

Apache Wells homeowners will go to the polls today from 9AM to 3PM to cast their ballots in an election that will determine the fate of the current special assessment bylaw. Photo ID will be required for in-person voting.

Opponents of amending the current bylaw support a NO vote and argue that the current bylaw protects homeowners from having a special assessment approved with less than half of the lot owners. Proponents of the amendment support a YES vote and say they can not get any special assessments approved because the 706 votes needed for approval (50% + 1) is unattainable.

Residents today have the option of in-person voting with a fresh ballot or they may simply deposit their absentee ballot they received in the mail in the ballot box, provided it is in the sealed ballot envelope and properly labeled. A new twist to this election is that residents who had voted earlier by absentee ballot may request a new ballot to vote again in person. The absentee ballot, we have been told, will be discarded. This new addition to the voting procedures has been approved by the Board's legal counsel.

This is the latest in a series of changes that have been part of voting over the past two years in Apache Wells. You may remember that in early 2007, then President Marv Stoll admitted that the two elections (for Board of Directors and for the $6020 special assessment) had been a "learning experience".

In January of this year, we believed that the Board had finally settled on procedures that homeowners on both sides of community issues could feel comfortable with. A little more than a month later, here we are back to a another "learning experience" with the new voting procedures that have been announced for amending the current special assessment bylaw.

Voting for Board of Directors 1/2/08:
Voting Place - Room A
Absentee Ballots - YES
PO Box - YES
Walk-in voting in HOA Office - NO
In-person voting - YES
Re-voting in person - NO
Polls Open - 8AM to 6PM
Ballots - 2 (absentee/in-person)
Security - 2 colors with embossed official seal

Voting for Bylaw Amendment 3/11/08:
Voting Place - Administration Building
Absentee Ballots - YES
PO Box - YES
Walk-in voting in HOA Office - YES
In-person voting - YES
Re-voting in person - YES
Polls Open - 9AM to 3PM
Ballots - 2 (absentee/in-person)
Security - 2 colors with no official seal
(Emphasis on changes)

We hope that homeowners will "GET OUT THE VOTE" today. If you haven't already voted, vote in person at the Administration Building from 9AM to 3PM. If you have already voted YES by absentee ballot we urge you to reconsider and request a new ballot and vote NO.

According to ARTICLE XIII AMENDMENTS Section 1 D. of our bylaws, supporters of the bylaw amendment need two-thirds (2/3) of the vote for approval of the change. Results of the vote will be posted below as soon as they are available. Also, don't forget to attend tonight's Homeowners General Meeting in Apache Hall starting at 7PM.

Under the current bylaw a majority vote of 706 (50%+1) residential unit owners is required for approval of a special assessment. Would it make sense for a majority vote of say 420 (30%) residential unit owners to approve a special assessment? Under the proposed bylaw amendment that would happen.

Supporters of the proposed bylaw amendment cry foul because a homeowner who chooses for whatever reason to not vote, counts as a NO vote. So what! If a proposed project requiring a special assessment is one that will benefit the entire community, then it will more than likely be supported and approved under the current bylaw.

A special assessment is for most homeowners "special" and for some of them living on limited incomes it will be a financial challenge to come up with a way of meeting their obligation to pay it.

On February 21, 2007, 594 homeowners decided they did not want the proposed $8.5 million building project and voted NO. Had the project proponents been able to convince 62 additional homeowners that the project was a good deal, it would have passed. Yes, 174 homeowners did not cast their vote, but 1238 did, which was a record turnout. Had it not been for the current bylaw a lot of homeowners who did not want, would not use or could not afford the proposed building and assessment would have been very unhappy residents.

The current bylaw, contrary to the opinions of those who wish to amend it, provides a safeguard against a minority special interest group of homeowners from forcing their pet projects on the entire community. If you agree with us, we need your support to save our current special assessment bylaw.

What's wrong with the current special assessment bylaw?..... Absolutely nothing!

Neighbor to Neighbor Network: If you have a friend or neighbor who does not have Internet access, please share a copy of this information with them. Thank you.

The late western author Louis L'Amour once said, "To make democracy work, we must be a nation of participants, not simply observers. One who does not vote has no right to complain." This simple statement is at the heart of our concern over the upcoming vote on the proposed amendment to our special assessment bylaw.

We realize that most homeowners have already decided on which side of this issue they stand. The big question, and one that worries us greatly, is will the homeowners get out and vote? The last bylaw amendment vote in April 2007 had 547 homeowners who did not vote. That amendment was approved 635 to 229, meeting the 2/3 majority required.

Are you an observer or are you a participant? We hope that you are the latter and will either have already voted by absentee ballot or are planning to make it to the Administration Building between 9AM and 3PM March 11th to cast your ballot in person.

Opponents of Judge Hicks' "ridiculous" ruling support the proposed bylaw amendment "so that fuure special assessments can be approved". Supporters of the Judge's ruling argue that future special assessments that have merit will be approved by the majority of homeowners.

We believe that this "RUSH" to amend the current special assessment bylaw indicates that in the near future we may again be facing another request for funding. If the proposed amendment is approved, only a simple majority of those present and voting would be needed.

We strongly urge you, no matter where you stand on this issue, to get out and vote your conscience. Your vote does count and your opinion does matter. Don't be just an observer on this critical vote that has far reaching implications for all our homeowners. Be a participant and let your voice be heard. Besides, if you vote you will be able to complain if your side doesn't prevail.

The current bylaw has served the homeowners well for the past 21 years. Let's keep it! We support a NO VOTE for both the present and the future!

A proposed bylaw amendment is currently before the homeowners of Apache Wells. The current bylaw, which deals with the approval of special assessments, requires the approval of the majority of residential unit owners and has been in effect since March 3, 1987. The proposed bylaw amendment would change that requirement to the majority of those present and voting. The decision to approve this change is in the hands of the homeowners as provided for in our bylaws. This bylaw change will require a 2/3 majority of the homeowners present and voting for approval. Every homeowner has the opportunity to vote either by absentee ballot or in person on March 11th from 9AM to 3PM in the Administration Building.

A major concern of both opponents and proponents of this vote is the number of homeowners who may, for whatever reason, choose not to vote.

We are fully aware that a 100% turnout would be highly unlikely in any election. The current record turnout occurred on February 21, 2007 when 1238 homeowners (88%) voted on a $6020 special assessement to fund an $8,500,000 Community Center Project. In a lawsuit filed by group of homeowners, the 644 votes in favor of the project were ruled to be insufficient for approval under the current bylaw by a Superior Court Judge.

We hope that that the March 11th vote will challenge that record and that the results will be a true reflection of the wishes of the majority of the homeowners.

Ten reasons why you should vote on March 11th:
(10) So you can complain. If you don't vote we don't have to listen to your whining.
(9) It's your right. Think of all the things you don't get to vote on.
(8) Do you want change or do you want things as they are?
(7) It's fashionable. You can tell others that you voted.
(6) Your voice will be heard by those who are in power.
(5) You can cancel someone else's vote.
(4) You can break the stereotype that most people don't care.
(3) If you don't vote, others will make decisions for you.
(2) Make some "noise" on an issue you strongly support or oppose.
(1) Every vote counts. Your vote could just make the difference.

Canadians Finding, Buying Valley Housing Bargains!
By Art Thomason and Lynh Bui
The Arizona Republic
Feb. 23, 2008 08:00 AM

Mesa Realtor Sharon Gordon wasn't having one of her better seasons selling homes until the Canadians came to town.

In less than a month beginning in mid-December, Gordon nailed down six closings, the final step in transferring ownership of a home from seller to buyer, and four of the transactions involved residences purchased by Canadians.

It's a record that exceeds the median number of home sales per Realtor for an entire year, according to the National Association of Realtors. (article continued below)

Proponents of the proposed special assessment bylaw amendment state, "We believe the upcoming vote on the proposed amendment to the bylaw dealing with the approval of special assessments to be one of, if not the most critical decisions the homeowners of Apache Wells are facing."

We agree completely with that statement. We also believe that a NO VOTE is in the best interest of the homeowners of Apache Wells and ask you to carefully consider the following before you mark your ballot.

___1. The current bylaw requires a majority vote of all homeowners to approve a special assessment.
___2. The proposed bylaw amendment would only require a majority of homeowners present and voting to approve a special assessment.
___3. Absentee ballots are made available under Arizona state law (ARS 33-1812) to all homeowners under the current bylaw so that all homeowners can exercise their right to vote.
___4. Only 706 YES votes are needed to approve a special assessment under the current bylaw. If a proposed special assessment has merit a majority of all homeowners will approve it.
___5. A special assessment is "special" and should not be consistent with other HOA bylaws dealing with voting procedures.
___6. Do you want to make it easier for a special interest group to muster their supporters and approve a special assessment with fewer than 706 votes?
___7. Remember the old adage, "If it ain't broke, don't fix it!"
___8. Save Apache Wells from the proposed special assessment bylaw amendment and VOTE NO on March 11th.

The following information, dated February 20, 2008, has been posted on the AWARE website and claims that the SAW Exercise Your Right to Vote Flyer, distributed recently in the Apache Wells community, is incorrect. We wish to respond to some of what they had to say.

AWARE: SAW says on their flyer that the new proposed amendment would allow for a "minority" of homeowners to approve a special assessment. When in fact it would still take a majority of those voting to pass a special assessment.
SAW: Yes, a "majority" of those voting would approve a special assessment under the proposed bylaw amendment. That "majority", however, could also be a "minority". On February 21, 2007 644 voted YES and 594 voted NO. The YES votes represented 46% of the residential unit owners. That is a "minority" of homeowners under the current bylaw. Under the proposed bylaw amendment the $6020 special assessment would have been approved.

Save Apache Wells strongly opposes the proposed amendment of the current bylaw relating to special assessments. We feel that the change in wording is unnecessary and that it is not in the best interest of the homeowners. Under Arizona law (ARS 33-1812), absentee ballots must be made available in all elections and provides the opportunity for all homeowners to vote under the current bylaw.

One homeowner who supports the amendment states, "It is critical that this amendment is approved so that future special assessments can be approved". We feel that the current bylaw will allow for the approval of future special assessments if and only if they are supported by a majority vote of ALL residential unit owners.

If Judge Hicks' ruling on the current bylaw was 'ridiculous', as one homeowner contends, read the following excerpt from AWARE's e-mail in support of the bylaw change sent to homeowners on Valentine's Day.

"If the current bylaw is not changed, the following scenario is possible:
A Special Assessment Election is held. In this election, 705 homeowners vote and 706 homeowners do not vote. All 705 votes are 'yes' votes, none are 'no' votes. The special assessment would fail because the 706 non-votes would be considered 'No' votes."

First of all, what are the chances that everyone would vote YES and no one would vote NO? Secondly what are the chances of every homeowner voting in an election, even if it is for a special assessment? This scenario is truly ridiculous! The current special assessment bylaw worked the way it was designed in February 2007 when 1238 voted and a minority of 644 homeowners voted YES and claimed victory. That victory was later overturned by a Superior Court Judge who ruled that the proponents had not obtained the required votes for approval. If the proposed building project had been a good deal for the homeowners, it would have passed easily. The current special assessment bylaw will work just fine when future special assessments are proposed.

Send us your comments on this important vote to the e-mail address at the bottom of this page and we will post them on our OPINIONS & FEEDBACK page, unedited and without comment, as is our policy. Please include your name and lot number. Limit of 1 e-mail per houshold.

At Tuesday's AWHOA General Meeting, 1st Vice President Cheri Whalen stood in for President Bing Miller who is currently out of state. The meeting was well attended as homeowners sought information and answers on a variety of issues facing the community.

The 90 minute meeting featured the usual introduction of Directors, Minutes of the Last Meeting (waived since they had been posted), a Treasurer's Report that was more detailed than previous ones and Committee Reports covering Activties to Publicity. Jo Gregory has taken over the pool duties and Ernie Shoults is now in charge of publicity.

Community Reports included a report from security and a report from an AWCC representative who provided a brief update on the new building project. The old building is scheduled to be demolished in July or August of this year. Homeowners were also given information on how to purchase commemorative bricks which would be installed in the new building.

Under Old Business, the settlement agreement between SAW and AWHOA, Inc. is nearing completion, the Bylaws and CC&Rs have been evaluated by the Board's attorneys Jackson-White and the Citizen's Time meetings with the Board appear to be a success so far.

Under New Business, in addition to the special assessment bylaw amendment that was submitted by a homeowner at the January 17th meeting (ballots are out and in-person voting is March 11th), 9 additional bylaw amendments were submitted by SAW to the Board at their February 7th meeting. Those amendments have been sent to the attorneys for evaluation. Also, Ad Hoc Committee volunteers are still being recruited.

A number of homeowners took advantage of the Open Forum at this meeting to address issues that have surfaced in the past few weeks.

Issues raised included:
Q - Why does the Board want to hire an management company?
A - Will only consider if it is of value to the community.
Q - Why the rush to amend the current special assessment bylaw?
A - Requirements in bylaw for amending it.
Q - Does the Board have a special assessment planned?
A - None is planned.
Q - Why is the ballot we received an unsecure photo copy?
A - We were in a hurry to get them out.
Q - Does the Board follow Robert's Rules of Order?
A - Unable to comment, but likely not strictly.
Q - Why is the Board reneging on some of the promises made by the Board President on February 2nd at the Gazebo?
A - Unable to comment.

It's time for homeowners to speak out on the issues that have surfaced over the past few weeks. If you truly care about what our Board of Directors have planned for our community in 2008, you must get out and attend the HOA General Meeting this Tuesday February 12th starting at 7:00PM in Apache Hall.

___1. Why does the Board want to amend the Special Assessment Bylaw?
___2. Why does the Board oppose Judge Hick's Superior Court Ruling? If the Bylaw is amended a minority of ALL homeowners could approve a Special Assessment.
___3. Why is the Board in such a rush to amend the Special Assessment Bylaw? Ballots will be in homeowners' mail this week!
___4. What project is the Board planning to present to the community that requires amending the Special Assessment Bylaw?
___5. Why not package the Board's amendment of the Special Assessment Bylaw with the Bylaw amendments submitted recently by SAW and have just one vote and save the homeowners some money?
___6. Why is the Board looking into hiring a management company?
___7. Why does the Board feel the HOA should share in the cost of the AWCC wells improvements?
___8. Will our monthly dues increase significantly in order to support the Board's "tax and spend" agenda?

These and a lot of other questions need to be answered by our elected leaders in order to find out if they are truly acting in the best interest of ALL of our homeowners.

NEIGHBOR TO NEIGHBOR NETWORK ALERT!
Please share this information with your friends and neighbors who do not have Internet access.

Guess what folks? The settlement agreement is still being signed, the lawsuit has not been dismissed and the Board voted this past Thursday (4-2 with 2 absent and 1 not voting) to begin the processes of getting the special assessment bylaw changed from majority vote of the homeowners to majority vote of the homeowners present and voting. The amendment was submitted at the January 17th Board meeting by a Board supporter. The unless in 3.4 below is already upon us and the ink isn't yet dry!

The bylaw change will require a 2/3 majority vote of homeowners present and voting and absentee ballots will be in the mail to all homeowners next week. We can only imagine what they will include with the ballots to convince residents that they need to approve the change.

From the settlement agreement:
3.4 Defendants agree that the ruling of Judge Hicks regarding the number of votes required to pass a special assessment will stand. Defendants agree that they will adhere to Judge Hicks' ruling in all future elections for special assessments in Apache Wells, in that a majority of the membership (not a majority of those voting at a meeting or election) is required to approve any special assessment, unless the bylaws are amended or modified otherwise.

3.5 The parties agree to fully cooperate in an open process to attempt to resolve all future disputes short of litigation, and will work together to amend the Bylaws and CC&Rs to be consistent with current law, and to bring clarity to any issues in conflict.

The following is the text of an e-mail that is currently being circulated throughout the community in support of the change:

"As you may or may not know, the Board has approved a vote to amend the bylaw dealing with approval of special assessments. The absentee ballots will be in the mail next week. It is critical that this amendment is approved so that future special assessments can be approved.

Judge Hicks' ruling that special assessment votes require 50% plus one of ALL residents in the community was ridiculous, but right now we're stuck with her ruling. This proposed bylaw amendment will change that, simply by adding the words 'present and voting'. There is a further sentence added to explain that absentee ballots are considered present.

Please contact everyone you can to be sure we get a positive vote on this amendment. It takes 2/3 of those voting on the amendment to pass it, so we have our work cut out for us. Let's make it happen."

It looks like we have our work cut out for us too if we are to defeat this bylaw change. The authors of the current bylaw knew years ago that a special assessment would involve a substantial financial burden to be placed on ALL homeowners and that it should require the majority vote of ALL of them. Absentee ballots and present and voting are not the same thing regardless of what the Board and its supporters contend.

We don't have much time to get the word out and convince people that this is NOT in their best interest. We strongly urge those who oppose this bylaw change to get this information out to their friends and neighbors and urge them to GET OUT THE VOTE once a date is set!

The Microsoft Network (MSN) website now offers Live Search Maps which provide some of the best aerial images available on the Internet. The images are in color, clear and the site offers a number of useful features to use when viewing a particular location. You can choose from 2D, 3D, Road names, Aerial, Hybrid (Aerial with Road names), Bird's eye and Traffic.

To quickly go to Apache Wells we have provided the link below. Before you click on the link, read the following and perhaps make a copy for quick reference when you arrive over Apache Wells.

___1. The AWHOA Administrative Building should be on the screen at the start of your tour.
___2. X out the text window at left for a panoramic view. You can later type in another location next to Search Maps if you want to go elsewhere, perhaps your hometown.
___3. You can "Toggle" F11 on your keyboard to go to full screen view and back to panoramic view.
___4. Use the "Hand" cursor (hold down the left side button on your mouse) or use the "NSEW Circle" to move around the community. Note: you can move more quickly by using the (-) feature to zoom out, move and then go to (+) to zoom in.
___5. Use +/- feature to increase or decrease view.
___6. Use the rotational arrows to change direction of view.
___7. See if you can find your home in Apache Wells. (Hint: switch to hybrid view to find it and then switch back to Bird's eye)
___8. Before you leave the site, add it to your favorites so you can come back again.

Rossmar & Graham, a full-service community management company with an office in Mesa, will be presenting additional information on their company and answering questions at the February 21st Board of Directors meeting. The company has been providing its services throughout the Valley since 1968.

Board President Bing Miller has made it clear to homeowners that the Board is only in the discovery stage and that "there is nothing cast in stone as to what we are going to do".

The Board of Directors meet every 1st and 3rd Thursday of the month in the Administrative Building and homeowners are welcome and encouraged to attend.

Board President Bing Miller addresses an issue while homeowners pay close attention to his response

The weather was a sunny and pleasant 60 degrees as homeowners gathered at the Gazebo to share thoughts and opinions on a number of community issues Saturday afternoon. The meeting was sponsored by the SAW Committee as a way of bringing residents together to express their feelings on recent issues that have surfaced in the community. Newly elected Board President Bing Miller agreed to attend and fielded questions for a little over an hour as part of his effort to show residents that under his administration, the HOA Board would be more open and responsive to concerns from association members.

The format for the meeting was an open forum where the microphone was passed around to homeowners to ask questions and then President Miller would provide the answers if he had them and if not, the promise to find them. Some residents simply stated their feelings on an issue and didn't need an answer. Applause was generous when a popular issue was discussed, while some issues drew a negative response. Everyone seemed to have brought their good manners with them and those who offered their opinion later, on how the meeting had gone, felt that it was worthwhile and provided an opportunity for opposing groups in the community to meet.

During his remarks, President Miller stressed the fact that rumors and misinformation were a major problem in Apache Wells and that he strongly encouraged homeowners to contact him first to get the facts. He stressed that he wants all homeowners to feel free to call him or the other members of the Board whenever they have a problem or concern.

We want to thank all those who took the time to attend the meeting and a special thanks to Board President Bing Miller for showing he is not afraid to step into what can be "hostile territory". We wish him and the 2008 Board a good year!

Board President Bing Miller has agreed to attend the FYI/Open Forum Meeting scheduled for today from 2-4PM at the Gazebo. He will be providing information and answering questions on the issues that were listed in the flyer that was distributed throughout the community over the past few days as well as any other issues of concern to homeowners.

A number of homeowners took advantage of the Citizen's Time with Directors from 9am-12 Noon yesterday in the Administration Building. Homeowners who wished to talk face-to-face with the Board President and 2 Directors had arranged 15 minute appointments earlier in the week with Teri or Enga at the HOA office. This new monthly feature is a welcomed effort by the Board to be more open and responsive to the concerns of homeowners. Future opportunities will be available March 3rd, April 1st and May 1st. Comments from several homeowners who met with the Directors today indicated that it was a positive experience, informative and worthwhile. You can call 832-1550 to set up an appointment.

CORRECTION:
On January 25, 2008 I published the following statement on our website and in the SAW Informational Flyer; "He (Bing Miller) informed the Directors and homeowners in attendance that he had met with company officials for several hours and believed that 'this was the way to go!'" This statement, which I later learned was incorrect, was based on information provided to me from notes taken at the January 17th Board meeting which I had failed to confirm. I wish to publicly apologize to President Miller for posting it.

A new year has begun with the seating of three new members of the Board of Directors. There are a number of new issues that have already been discussed at Board meetings and more that will likely be discussed in the upcoming months. Some of these issues should be of great concern to ALL of our homeowners.

Here are some of the issues that should be of concern:
___1. Hiring a Property Management Company
___2. Using HOA funds to improve AWCC property
___3. Updating and amending our CC&R's and Bylaws
___4. Status of the annual audit and an independent review
___5. Continuation of the "tax & spend" funding policy

In response to these issues and others that will impact the running of our community, affect our operational budget and likely increase our monthly dues in the future, our committee has scheduled an informational meeting and open forum for:

The purpose of the meeting is to allow homeowners to express their feelings on these and other issues that have surfaced over the past few weeks. The meeting is open to ALL homeowners. Please dress warmly and bring a chair, as seating will be limited. We hope to have a member of the Board present to answer your questions on these and other Board issues of concern.

Editor's Note: If you know of a homeowner without Internet access, please make a copy of our flyer to share with them and encourage them to attend the meeting on February 2nd. Thank you.

During Board meetings on January 3rd and 17th, newly elected President Bing Miller brought up the idea of turning Apache Wells over to a property management company. The company under consideration is Rossmar & Graham, which has 3 locations in the Valley, including one in Mesa. He informed the Directors and homeowners in attendance that he had met with company officials for several hours and believed that "this was the way to go!"

President Miller also announced that a representative from Rossmar & Graham would attend the February 21st Board meeting to present additional information on their company.

Our current Bylaws allow the Board of Directors to hire a manager without the approval of the homeowners. The following is from the 2007 Apache Wells Telephone Directory.

ARTICLE V
BOARD OF DIRECTORS
Section 5. Powers and Duties
A. The Board of Directors shall have the power to:
(4) Employ a manager, an independent contractor or such employees as they deem necessary to prescribe their duties.

In response to this possible major change in the running of Apache Wells and the anticipated increase in our operational budget and likely our dues, our SAW Committee has scheduled a homeowners meeting for Saturday February 2, 2008 from 2-4PM at the Gazebo. The purpose of the meeting is to allow homeowners to express their feelings on this proposed plan and other issues that have surfaced over the past few weeks. The meeting is open to ALL homeowners. Please dress warmly and bring a chair, as seating will be limited. We hope to have a member of the Board present to answer your questions on this and other issues of interest. PLEASE MARK YOUR CALENDARS!

President Bing Miller announced at the January General Homeowners Meeting that a new program to improve communications with Apache Wells residents would be initiated. Effective February 1st, March 3rd, April 1st, and May 1st, residents will have the opportunity to share their concerns and suggestions on ways to improve our community with President Miller and two members of the Board of Directors. Citizen Time will be held from 9:00 AM until 12:00 Noon at the Homeowners Administration Building. Appointments will be fifteen minutes and can be made by calling Teri or Enga at 832-1550.

Apache Wells to get Clubhouse!
By Art Thomason
The Arizona Republic
January 17, 2008 08:37 AM

The 485-member Apache Wells Country Club will build a $3-plus million, scaled-down version of a clubhouse that was rejected by the East Mesa golf course community's homeowners association last year.

The country club, which owns the 18-hole golf course and existing clubhouse, approved the plan Jan. 11 by an overwhelming majority, Jim Nosbish, the club's president, said.

Nosbish said he hopes the decision will end a bitter, community-wide dispute that stems from efforts almost a year ago to have all Apache Wells homeowners pay for a new and larger $8.5 million multipurpose center.

David vs. Goliath: Cheifetz Assists HOA Disputes!
By Todd Hoover
Independent Newspapers
January 15, 2008

As the Valley continues to grow, more and more home buyers are choosing to live in gated communities and neighborhoods protected by homeowners associations.

Communities protected by rules and regulations are often thought to provide more security, solitude and protection of one's home value.

But this growing trend also brings with it more disputes between neighbors and their HOAs.

Many of these disputes end up in legal litigation, but taking on a homeowners association can be akin to David battling Goliath.

Currently there is little new information to report to homeowners on the progress of the settlement agreement document other than the fact that it is still a work in progress. Agreement between SAW and the AWHOA Board is in place on the major issues. The attorneys for both sides are now fine tuning some of the wording on some of the other issues which have been agreed upon in principle by both parties.

As most of you know by now, the AWCC members voted on January 11th to go forward with their $3.1 million plan to build their new facility. With 216 YES votes approving the plan, 140 NO votes opposing the plan and 129 members who did not vote or were unable to vote, it appears that the proposed plan may have some hurdles to overcome if it is to become a reality. We will, as we have in the past, keep homeowners updated on any new developments we become aware of.

Chairman of the Nominating Committee Marv Larson is meeting today along with his committee members and the Election Committee at 2:00PM today in the Administration Building to examine feedback from candidates on the recent election for Board of Directors that was held on January 2nd. Procedures will likely be examined and evaluated. Hopefully a report to the homeowners on the discussions will be forthcoming.

ELECTION UPDATE: AWCC members have approved the $6200 special assessment which will fund their proposed $3.1 million building project.

Apache Wells Country Club members will vote today on whether or not to approve a $6200 special assessment that would fund a $3.1 million building project that would replace their current facility. Voting will take place from 10:00AM to 2:00PM in Apache Hall. (Editor's Note: Results of the vote will be posted on our website as soon as they become available.)

Members who vote to approve the special assessment will also be asked to indicate their choice of 4 payment plans offered by the AWCC Finance Committee.
Payment plans are:
___ (1) $6200 payable on 4/1/08
___ (2) $3100 payable on 4/1/08 and $3100 payable on 4/1/09
___ (3) $2500 payable on 4/1/08 and payments of $600 payable on 11/1 for 10 years
___ (4) Payment of $73.00 on 4/1/08 and each month thereafter for 10 years

Apache Wells homeowners gathered Tuesday night in Apache Hall for their Annual Homeowners Association Meeting that saw the departure of three retiring Board members and the swearing in of three new members. A good crowd was on hand to begin the new year and hopefully launch a new and positive direction for the community.

Finishing their final year of three-year terms were President Marv Stoll, Secretary Linda Wood and 1st Vice President Bob Resset. Each was thanked for their service to the community. Sworn in for three-year terms were Don Fourcade, Cheri Whalen and Sandra Johnson. Cheri Whalen has been chosen by the Directors to serve as 1st Vice President and Sandra Johnson has been chosen to serve as Secretary for the upcoming year. Bing Miller, who is in his 2nd year as a member of the Board has been chosen to serve as the new President for 2008.

Following the business meeting conducted by outgoing President Marv Stoll, new President Bing Miller took over the microphone and gave an upbeat address to the homeowners, one which focused on a new direction for the upcoming year and one that he promised would be an open and cooperative effort to bring the community together following a difficult 2007 which had divided the community.

In a major shift toward openness and cooperation, President Miller has proposed monthly meetings where homeowners could meet with him and other Board members to discuss concerns and issues that they wished to bring to the attention of the Association leadership. These meetings would be held each month from 9am-12 Noon in the Administration Building. Details will be announced in the February Roundup.

Using the analogy of a good marriage, President Miller showed how compromise and attitude change in a marriage could also work in community relationships. As homeowners left the meeting there was a feeling of optimism that the new administration was determined to bring the Apache Wells Community back together and restore the community many have felt has been lost in recent years. We wish to congratulate the new President and Board and wish them well. We look forward to working with them in 2008.

The January 2, 2008 Election of Directors brought out the largest turnout in AW history for a Board Election with 1070 Ballots cast. Elected to three years terms were, Don Fourcade, Sandra Johnson and Cheri Whalen.

At the January 3rd Homeowner's Board Meeting, new officers were elected. Our new President is Bing Miller, Vice President is Cheri Whalen, Second Vice President is Tom Finger, Secretary is Sandra Johnson and Irv St. John continues as Treasurer.

Hats off to those leaving the Board, President Marv Stoll, Vice President Bob Resset and Secretary Linda Wood. It has been a long and hard year for them. If you have the opportunity, make it a point to show your appreciation for their efforts on your behalf.

The Save Apache Wells Committee wants to congratulate the 3 newly elected members of the AWHOA Board of Directors on their victories on January 2nd. We are well aware of the time and effort that goes into running a campaign. We also hope to work cooperatively with the 2008 Board of Directors for the benefit of all homeowners of our Apache Wells community.

Election Committee Chairman Dee Miller explains procedures in place for the upcoming election

Homeowners and candidates share a lighter moment during the exchange of ideas at the Gazebo

Homeowners wishing to learn more about The Candidates for Change gathered Sunday afternoon at the Gazebo to listen to and question the candidates promising a new direction for Apache Wells if they are elected. Under warm and sunny skies and an annoying WWII CAF Warbird from Falcon Field the candidates presented their views on how they would make changes that they feel would be in the best interest of all the homeowners.

Following his welcoming comments and setting a few ground rules, SAW Chairman Walt Stromme took charge of the open forum format, moving from homeowners to candidates with the microphone. The questions and responses covered a wide range of topics and reflected the deep concerns those gathered have for their community.

Candidates for Change Ray Green, Liz Mangini and Joice Lange were in attendance. Mary Ann Brookover was out of town visiting family, but provided a campaign flyer. Judi Teague, who was on a return flight from Maine after a family emergency, was represented by husband Bob who read an e-mail from her and fielded several questions. Jim Brockman, a Board-nominated candidate was in attendance and in the spirit of openness was invited to participate in the forum. All of the candidates expressed their desire to return equal representation to all homeowners and work to bring the golfers and the non-golfers together.

Those who attended the event seemed appreciative of the opportunity to meet and learn more about these candidates. Homeowners were asked by the organizers of the event to help get out the vote on January 2nd.

With the January 2, 2008 election for Board of Directors less than a week away, the Save Apache Wells Committee will be distributing a Pre-Election Newsletter to homeowners on our website, via email and by volunteers hand-delivering it throughout the community over the next several days.

The newsletter includes an open letter to Apache Wells homeowners from SAW Committee Chairman Walt Stromme who discusses SAW's future plans for addressing community issues and a request from homeowners to support three of the five Candidates for Change nominated by petition and who want to see Apache Wells move in a new direction, one of equal representaion, openness, accountability, fiscal responsibility, free expression and fair treatment of all residents regardless of their views on community issues. Also included is a summary of the lawsuit settlement agreement between SAW and the AWHOA Board of Directors.

Meet the Candidates for Change
Green - Mangini - Teague - Brookover - Lange
Sunday December 30, 2007
2:00PM-4:00PM
at the Gazebo

Homeowners will have the opportunity to meet and find out where these five candidates who are running on a platform for change stand on the many important issues facing our community.

We invite ALL homeowners to attend and ask that they bring their best manners with them.

Apache Wells homeowners will have the opportunity on January 2, 2008 to vote for a change in the future direction of their community. This year we have 9 candidates to choose from and the 3 candidates receiving the most votes will fill the seats of the 3 current Board members who will be ending their 3 year terms.

The Board of Directors Nominating Committee has chosen to endorse Sandra Johnson, Don Fourcade and Jim Brockmann as the candidates they feel will work the best with the remaining members in carrying out the agenda of the current Board.

AWARE has chosen to endorse Sandra Johnson, Don Fourcade and Cheri Whalen as their candidates. This would lead one to assume that both the Board's Nominating Committee and AWARE agree on which candidates will work the best with the remaining members in carrying out the the agenda of the current Board. Jim Brockmann it seems fell out of favor with AWARE because of his comments on some of the things that needed to be changed when he addressed the homeowners on December 5th at the Meet the Candidates meeting in Apache Hall.

SAW has chosen not to endorse 3 candidates as the Board and AWARE have done. We feel that it would be undemocratic to ask a homeowner who wished to run for the Board to not run or step down so as to not dilute the vote. We have taken heat on this issue from some members of the community, but we stand firm on this issue. Anyone who wants to run for the Board has the right to do so and we are not about to tell them they can't. The absentee ballots are out there with 9 names and it is up to the homeowners of Apache Wells, in the privacy of their homes or at the polls, to decide who they want to see join the Board in January.

What we can recommend is that for homeowners who want a change and to see our community move in a different direction, a direction that will be responsive to ALL homeowners, they can vote for 3 candidates who were not endorsed by the Board and AWARE. Those candidates who support changes in the way the current Board operates are Ray Green, Liz Mangini, Judi Teague, Mary Ann Brookover and Joice Lange. Between now and Election Day January 2, 2008 get to know these homeowners, read their information sheets in the flyer that came with your absentee ballot, attend a candidate get-together or coffee meeting or call them and get their stand on the issues. They want to hear from you and they are all in the Apache Wells Telephone Directory.

Please support our Neighbor to Neighbor Program and share this information with someone who does not have Internet access.

In our effort to have Apache Wells homeowners get to know ALL of the candidates running for Board of Directors, we will be posting notices of meetings, get-togethers, coffees, etc. on our website. We encourage ALL homeowners to attend these events so that they can make an informed decision when they go to the polls on January 2, 2008.

Groups that are planning Meet the Candidates Events can notify us by sending the information to the e-mail address at the bottom of this page.

Absentee ballots were mailed to all residents on December 4. If for any reason you did not receive yours and will not be here to vote on January 2nd, contact Walt Broden at 981-8516, Carolyn Agee at 218-1137 or Dee Miller at 981-7401.

Ballots must be mailed to:
Apache Wells Homeowners Association, Inc.
PO Box 20154
Mesa, AZ 85277

The voting on January 2, 2008 will take place in Room A from 8AM to 6PM. You are entitled to one vote for each residential unit you own. PHOTO IDENTIFICATION WILL BE REQUIRED.

Editor's Note: Several items relating the lawsuit settlement letter from AWHOA Attorney Gary Linder were either incorrect or omitted in the AW Newsletter section entitled Litigation.

The item relating to "SAW's intentions in regarding their threat to recall the entire Homeowner Board with the exception of Director Ernie Shoults." was not part of the settlement letter. The recall effort never got beyond the collection of signatures on petitions. On advice of legal counsel, SAW has chosen to put their efforts into promoting candidates for the Board who will be more responsive to the wishes of the majority of homeowners.

Also missing was the item in the settlement letter stating that "SAW and AWHOA, Inc. agree to fully cooperate in an open process to resolve all disputes short of litigation and will work together to amend the Bylaws and CC&Rs to be consistent with current law and to bring clarity to any issues in conflict." We feel that this is one of the most important items in the agreement.

To avoid homeowner confusion, we wish that the AW Newsletter editor had read the settlement letter posted below more carefully before publishing Issue 75 and releasing it to the community.

SAW Attorneys Steve Cheifetz and Melanie McKeddie have received a letter from AWHOA Board Attorney Gary Linder outlining their offer for a final settlement in the lawsuit filed by SAW in March of this year.

___A $50,000 award to SAW in exchange for dismissal of the lawsuit against AWHOA, Inc. currently pending before Judge Hicks.
___SAW and AWHOA, Inc. will each bear their own attorney fees and costs.
___AWHOA, Inc. will forego the right to appeal Judge Hicks ruling regarding the interpretation of the Special Assessment Bylaw.
___No future action will be filed by SAW with regard to the Transfer Fee.
___SAW will dismiss the current action related to the Transfer Fee.
___AWHOA, Inc. will drop the application for $12,488.02 in attorney fees and costs related to Judge Downie's ruling on the Transfer Fee appeal as well as the request for refunding of the $550 OAH filing fee paid to SAW.
___SAW and AWHOA, Inc. agree to fully cooperate in an open process to resolve all disputes short of litigation and will work together to amend the Bylaws and CC&Rs to be consistent with current law and to bring clarity to any issues in conflict.

A formal Settlement Agreement will be forthcoming and will require the signatures of both the Plaintiffs and Defendants named in the lawsuit.

Today the AWARE group distributed a 4-page flyer to homeowners in which their committee featured the 3 candidates that they are endorsing for the 3 open seats on the Board of Directors that will be filled in the January 2, 2008 election. If you did not receive one, the information contained in their flyer is also available on their AWARE website.

For those who may not be familiar with the AWARE group, they first surfaced in September of this year and announced that their goal was to reunite, educate and preserve our community. Their initial flyer was posted on our website on September 9, 2007. They announced that the acronym AWARE stood for Apache Wells Advocates for Reuniting and Educating.

Although they announced early on that they were an independent group, subsequent flyers and postings on their website seemed to echo the same rhetoric, views and agenda of the majority of the members of the current Board of Directors.

AWARE's chosen candidates, who they hope you will vote for, are Sandra Johnson, Don Fourcade and Cheri Whalen. Homeowners had the opportunity to hear each of these 3 candidates as well as the other 6 candidates at the Meet the Candidates meeting which was held on December 5th in Apache Hall.

In November the AWHOA Board of Director's Nominating Committee chose Sandra Johnson, Don Fourcade and Jim Brockmann as their candidates.

Candidates that were not endorsed by either AWARE or the AWHOA Board of Directors are Ray Green, Liz Mangini, Judi Teague, Mary Ann Brookover and Joice Lange. Get to know these candidates and what they have to offer our community.

Although it is common practice for groups to endorse candidates that they feel will promote their views, the SAW committee has chosen not to. We feel strongly that the homeowners of Apache Wells are well educated, informed and can make up their own minds as to who they want to vote for in January.

The SAW Committee does feel, however, that given the events of the past year and a half that the homeowners of Apache Wells really have only two choices to make in January. They can vote for the status quo (no change) or they can vote for change and a new direction for Apache Wells. With 9 candidates to choose from homeowners should be able to select 3 that will meet their requirements for leadership.

A number of Meet the Candidates get-togethers are being planned during December. We urge you to attend as many as you can and get to know the homeowners who wish to represent you.

"We will not tell you who to vote for, but just make sure you do vote. Your future and that of your community is far to important!"

AWHOA Attorneys Jackson-White have filed a RESPONSE TO DEFENDANTS STROMMES' OBJECTION TO FORM OF JUDGMENT and OBJECTION TO DEFENDANTS STROMMES' FORM OF JUDGMENT in Maricopa County Superior Court. This latest filing is in response to the filing of an OBJECTION TO FORM OF JUDGMENT by SAW Attorney Melanie McKeddie that was filed and posted on our website on November 27, 2007.

___The Board's Form of Judgment conforms to the November 2, 2007 ruling by Judge Downie.
___The Transfer Fee is not a Special Assessment.
___The Board did not violate the AWHOA Governing Documents or Arizona Statutes in approving the $950 Transfer Fee.
___The Transfer Fee increase is valid and authorized under the Declaration and Arizona Law.
___Attorneys' Fees and Recovery of the OAH Filing Fee are appropriate and should be awarded to the Association.
___The AWHOA's Form of Judgment is fully supported by the Court's ruling.

LEGAL UPDATE: The telephonic Status Conference on SAW's lawsuit ordered by Judge Hicks and scheduled for December 5, 2007 has been reset to January 16, 2008 at 9:30AM.

Back Row L-R: Judi Teague, Joice Lange, Liz Mangini, Ray Green, Don Fourcade.
Front Row L-R: Sandra Johnson, Cheri Whalen, Mary Ann Brookover, Jim Brockmann.

Apache Hall was a packed house Wednesday afternoon as homeowners turned out in numbers to hear what the 9 candidates for AWHOA Board of Directors had to say. Meeting organizer Marv Larson opened the meeting promptly at 3PM. Each of the candidates was then allotted 3 minutes for their opening statement.

Rex Griswold, former Mesa City Councilman and currently a candidate for Mayor of Mesa, was introduced and served as moderator for the question and answer forum that followed. Questions were posed to the candidates by both 3X5 cards read by Griswold or with homeowners stepping up to an open microphone. In some cases the questions were addressed to all the candidates and in other cases addressed to an individual candidate. Issues discussed ranged from problems in the past, dealing with current problems and concerns for the future of Apache Wells.

In past years candidates were introduced at the December Homeowners General Meeting along with all of the other meeting business including the Sunshine Acres Singing Group. The change to having a meeting specifically for the purpose of meeting the candidates offered more time for the candidates to make their statements and respond to homeowner questions. Both the candidates and homeowners seemed pleased with the new format and a special thank you should go to Marv Larson, Dee Miller and their committees for all the hard work in putting together this meeting.

Also deserving a BIG thank you is Bobby Golden who put together the flyer featuring the 9 candidates' photos and information that accompanied the absentee ballots that were mailed to each homeowner. Her efforts will provide information to assist homeowners in deciding which 3 candidates to vote for. Bobby was good enough to send the files to us so that we could post them on our website which will also make them available to friends and family outside of the Apache Wells community.

Most homeowners should have received by now an envelope containing the following materials concerning the January 2, 2008 election for Board of Directors:

___A 3 PAGE FLYER with photos and statements from each of the 9 candidates along with their method of nomination.
___A YELLOW ABSENTEE BALLOT listing the 9 candidates and instructions to vote for no more than 3 candidates.
___A BALLOT ENVELOPE to seal your ballot if voting by absentee ballot.
___A WHITE INSTRUCTION SHEET indicating the 2 methods for voting listed below:

(1) By absentee ballot which must be received in the PO Box by 2:00PM on Wednesday January 2, 2008. This sheet includes the mailing address for voting by absentee ballot and instructions on sealing the ballot in the BALLOT ENVELOPE, completing the required information (name, signature, lot # and date) and then sealing in a MAILING ENVELOPE that you provide. Don't forget the stamp! Mail early if you are currently out of town or out of country. NO ABSENTEE BALLOTS WILL BE ACCEPTED BY THE AWHOA OFFICE!

(2) By voting in person in Room A on Wednesday January 2, 2008 from 8:00AM to 6:00PM.

It's not too early to start planning a GET OUT THE VOTE campaign in your neighborhood. Host a candidates coffee or cook-out where you and your neighbors can get to meet the candidates you want to support. It's OK to pick your candidates and vote early, but it's NOT OK to not vote early or on January 2nd. It's your community and only you can insure its future.

UPDATE: We have received word from our attorneys that due to a death in Judge Hicks' family, the Status Conference has been rescheduled for sometime in January. As soon as we have the date we will post it.

Maricopa County Superior Court Judge Bethany G. Hicks has ordered resetting the telephonic Status Conference on our pending lawsuit (CV 2007-005085) Doshier, et al. v. AWHOA, Inc.,et al. from November 15, 2007 to December 5, 2007 at 9:45AM. The new date was on the Court's own motion.

Attorneys Steve Cheifetz for SAW and Gary Linder for AWHOA, Inc. will be discussing the current status of the lawsuit with Judge Hicks.

It appears that Judge Hicks is closely monitoring the progress of our case and will be given an update on the failed Settlement Conference and other related issues by the attorneys. We will post any information that legal counsel allows us to following the conference.

In the November Apache Wells Newsletter Issue 74 dated 11/29/07 under Litigation, the Board made the following statements which we would like to clarify for homeowners:

The settlement conference ordered by Judge Hicks has been concluded. There was no agreement reached. This is a true statement and one that can be attributed to the Board's/Defendant's unwillingness to negotiate with SAW homeowners. Judge Pro Tempore Michael J. Ryan gave it his best effort to bring the two parties together during the 4 1/2 hour conference on October 24, 2007 in Phoenix. A number of non-money issues were tentatively agreed upon by both sides, but the Board/Defendants were unwilling to offer a reasonable settlement on SAW's attorney fees necessary to acquire a favorable decision from Judge Hicks on the the February 21, 2007 vote on the $6020 special assessment. We believe that the Board/Defendants went "through the motions" of the Settlement Conference because Judge Hicks had ordered it and that they had no intention of reaching agreement with SAW. Without a reasonable settlement on key issues, fees and costs we have no choice now but to proceed to trial.

Mr. Stromme has filed another suit against the Homeowners Association regarding Judge Downie's decision regarding the Transfer Fee. Mr. Stromme has not filed "another suit", but has added the transfer fee issue to SAW's original lawsuit that was filed in March of 2007. This was done on advice of legal counsel and in light of the abrupt collapse of the Court ordered Settlement Conference. Judge Downie stated in her ruling (see 11/5/07 posting) granting the Board's appeal that "available remedies would differ if claims were being litigated in a civil action". For that reason, our attorneys have amended our pending lawsuit to include the issue of the transfer fee should we go to trial. SAW argues that the $950 transfer fee is a "fund raiser" for the Association and its purpose is to bypass the Bylaw relating to special assessments and the requirement of a majority vote of the homeowners for approval. Attorney Steve Cheifetz stated in his letter to AWHOA attorneys (see 11/8/07 posting) that "We are in receipt of the Court's most recent ruling reversing the decision of the Office of Administrative Hearings. Judge Downie determined that the Office of Administrative Hearings did not have jurisdiction to consider whether the transfer fee was valid. As such, this contentious issue remains unresolved."

Finally, SAW attorney Melanie McKeddie has written a letter to AWHOA Corporate Attorneys Jackson-White concerning a Violation Notice received by SAW Chairman Walt Stromme on November 5, 2007 concerning the height of his backyard wall. The wall, incidentally, is the same height as his neighbor's backyard wall. Attorney McKeddie states "As you can imagine, we are extremely troubled by this Notice, as it is nothing short of retaliatory action. We are hopeful that you will counsel your client to cease and desist from any further action with respect to this alleged 'violation'." The letter goes on to say, "The Association's Notice complains about a wall that has been present on our client's property for nearly three years. Suffice it to say, we find it hard to believe the Association only recently noticed the wall. This is especially true given the fact that our client has been in a dispute with the Association for over a year now, which undoubtedly resulted in careful scrutiny of his home."

Meet the Candidates Meeting:
On Wednesday December 5, 2007 at 3PM in Apache Hall homeowners will be introduced to the candidates for election to the Apache Wells Homeowners Board on January 2, 2008. This has been changed from the December Homeowners General Meeting to this meeting. This will provide more time to be spent with the candidates without other distractions. This is your opportunity to hear their comments and for you to ask them questions.

Nominations:
The nominating committee presented and the AWHOA Board approved the following names for the January 2, 2008 election. They are Jim Brockman, Don Fourcade and Sandra Johnson. Candidates for nomination by petition are accepted until December 2, 2007. As of the date of this newsletter, the following petitions have been received or are pending. They are Mary Ann Brookover, Joice Lange, Cheri Whalen, Judi Teague, Liz Mangini and Ray Green.

On Wednesday December 5, 2007 at 3:00PM in Apache Hall residents of Apache Wells will have the opportunity to meet the candidates who will be running for the 3 open seats on the AWHOA Board of Directors. The candidates will be introduced to the homeowners and will present their views on the issues facing Apache Wells and how they will serve Apache Wells over the next 3 years.

Mesa Mayoral candidate Rex Griswold will serve as moderator for a Question and Answer forum with the candidates following the introductions and candidates' remarks.

Don't miss this opportunity to learn more about the homeowners who have offered themselves as candidates to represent you. The AWHOA Board of Directors Election will be held on January 2, 2008.

SAW Attorney Melanie McKeddie has filed an OBJECTION TO FORM OF JUDGMENT today in Maricopa County Superior Court. In her objection, McKeddie states Defendent/Petitioner Walter A. Stromme hereby objects to the Association's form of Judgment. She furthers states that the Association's requested Judgment far exceeds the relief granted by the Honorable Margaret H. Downie in her November 2, 2007 Minute Entry, which ruled only that the decision of the Administrative Law Judge is reversed. Judge Downie did not rule on the merits of the underlying claim, and accordingly, the Associations Judgment should be rejected.

Editors's Note: See November 22, 2007 posting below for Jackson-Whites's MOTION FOR ATTORNEY FEES AND COSTS and FINAL JUDGMENT.

Attorney Advises Election of Moderate Candidates!
By Todd Hoover
Independent Newspapers

Residents of Apache Wells, a 55-plus East Mesa community, 2223 N. 56th St., will go to the polls Wednesday, January 2 to elect new members to their homeowners association board, but some say regardless of who wins, a divisive battle over a community center may have left permanent scars.

Save Apache Wells' Attorney Steve Cheifetz, accompanied by Associate Attorney Stewart Gross, attended a November 20 meeting sponsored by SAW in the gazebo at the community. He spoke on a number of legal issues facing SAW and the Apache Wells Homeowners Association, including the unsuccessful attempt to reach a settlement and the hope to reach a compromise between the parties that does not financially damage the association.

Editor's Note: Paragraph 8 of the article should have read "Mr. Teague claims some non-money issues were settled, but the board failed to produce a decent financial figure for returning fees."

Apache Wells hosted its 2007 Craft Fair under clear skies and cool temperatures on Saturday November 24th from 9AM to 1PM. Organized by Activities Coordinator Bev Fourcade, the fair included Apache Wells and area crafters exhibiting gift ideas of every description in Rooms A, C and D. A Library Book and Bake Sale was also held and drew many holiday bargian hunters. Bev would like to offer her thanks to all the crafters, shoppers and volunteers who made this year's fair a success.

Homeowner Judi Teague organized a cookout for the hungry shoppers in the Gazebo from 11AM to 1PM. Hamburgers, cheesesburgers and hotdogs with all the trimmings were served up with chips, soda and homemade cookies. Proceeds from the cookout will be donated to Sunshine Acres Children's Home. A big THANK YOU to all the homeowners who helped out and to the people who stopped by to have lunch. Special thanks to Ed Rodriguez, manager of Midwestern Meats of Mesa, for providing the hotdogs and hamburgers at a discount.

The AWCC Board of Directors has approved and released to its membership via e-mail a floor plan for a new building. The new facility will feature a Golf Shop located over the existing basement with offices for Pro Bruce Taubert and Office Administrator Linda Smith. The Bar/Grill will feature a small stage and dance floor. The Social Hall will be the same size as the current Apache Hall and will include a Multi-purpose Room. A kitchen will be located between the Bar/Grill and the Social Hall. A patio of about 3000 square feet is also planned.

The special assessment for the project, according to the AWCC Board, will be no more than $6,185.00 per certificate. The amount does not include any interest on long term financing. Payment plans are currently being developed by the Finance Committee.

Town Hall Meetings are scheduled in Apache Hall for Wednesday December 12, 2007 at 3PM and Wednesday January 9, 2008 at 3PM. The vote on the project is scheduled for Friday January 11, 2008 from 10:00AM to 2:00PM. AWCC Members can contact Board members if they have questions and concerns.

On the heels of their recent transfer fee appeal decision from Superior Court Judge Margaret H. Downie, Board Attorney Eric Jackson of the law firm Jackson-White, has filed a MOTION AND APPLICATION FOR ATTORNEYS FEES AND COSTS.

The motion states: Plaintiff Apache Wells Homeowners Association, Inc., as prevailing party, hereby applies for an award of reasonable attorney's fees and costs incurred in defending and appealing this case pursuant to this Court's minute entry dated November 2, 2007, holding Plaintiff's requested relief is granted.

Jackson-White, who serve as corporate counsel to the Board of Directors is requesting fees in the amount of $11,498.02 and costs of $990.00 for a total of $12,488.02. The motion also requests that the $550.00 filing fee paid by the AWHOA to defendants for the January 2007 Office of Administrative Hearing be refunded.

SAW Attorney Steve Cheifetz fields questions from homeowners at the November 20th meeting

The AWHOA Board of Directors have approved the budget for 2008. Copies will be mailed to all homeowners next week, but for those who want an early look at where their money will be going in the upcoming year, we have made a copy available by clicking on the link below.

The current general assessment (monthly dues) of $38.50 has been increased to $$41.00 for 2008 generating an additional $42,360 in revenue for the Association. The total budget for 2008 will total $812,700.

Save Apache Wells Monthly Meeting
Tuesday November 20, 2007
7PM at the Gazebo
SEATING WILL BE LIMITED - BRING LAWN CHAIRS
Dress warmly as it is likely to be chilly after dark!

___ Minutes of September meeting
___ Treasurer's Report
___ Comments from Our Attorneys
___ Transfer fee ruling by Judge Downie
___ Lawsuit amended to include transfer fee
___ Settlement Conference status
___ Deposition of "knowledgeable person"
___ Upcoming election for Board of Directors
___ Candidates for Board of Directors
___ Joint Pretrial Memorandum
___ Recall of Board
___ Bylaw Committee update
___ Need for Donations to Legal Fund
___ Open Forum (no 3X5 cards)

Please pass this information on to your neighbors through our Neighbor to Neighbor Network. Our phone network volunteers will also be contacting homeowners over the next few days. Show your support by attending this important meeting.

In granting Plaintiffs' Motion for Partial Summary Judgment on August 20, 2007, Judge Bethany G. Hicks further ordered:

All counsel are directed to meet personally to discuss all of the matters set forth in Rule 16(b). Counsel shall prepare and file with the Court a Joint Pretrial Memorandum and prepare a proposed order for Discovery and Disclosure deadlines.

With an agreement on key issues in the Settlement Conference held on October 24, 2007 currently stalled, it appears that our efforts to avoid expensive litigation for both sides has been replaced with the AWHOA Board's wish to proceed to trial. This further reinforces our contention that the AWHOA Board has little interest in a settlement with SAW and wish to proceed headlong into the uncharted waters of a trial. We hope that we are wrong in our opinion of the Board's attitude, but we are prepared to continue our fight for the rights of all our Apache Wells homeowners.

It's late. You want to go home. You were promised the meeting would only take one hour. It's now three hours later and still no end in sight! So how can organizations keep meetings at one hour? Simple. Know the rules of meeting procedures and follow them vigorously.

Editor's Note: We still do not have a settlement on the remaining issues of our lawsuit against AWHOA, Inc. It has been 20 days since the Settlement Conference with Judge Pro Tempore Michael J. Ryan took place on October 24th in Phoenix. With no news to report we have decided in the interim to utilize our website as an educational resource and offer some timely articles on ways to run an efficient and effective association. If you have an HOA topic you would like to know more about, e-mail us at the address at the bottom of this page and we will locate an appropriate article. Please include your name and lot number.

In the latest Apache Wells Newsletter November 9, 2007 Issue 73 under VERY IMPORTANT it was announced that "Arizona law regarding homeowner associations requires that an absentee ballot be sent to all residents for all elections."

The above statement is based on ARS 33-1812. Proxies;absentee ballots;definition. which was revised in 2005. The revised statute provides guidelines for absentee balloting and eliminated voting by proxy except for unit owners of timeshares.

As many of you may remember, absentee voting/walk-in voting became an issue that concerned many homeowners during the January 2007 Election for Board of Directors and later in the February 2007 voting on the Special Assessment for the Community Center Building Project.

In the interest of informing our homeowners of the Arizona statutes that surround absentee voting and actions by ballot, we provide the following article on the subject.

On January 2, 2008 Apache Wells homeowners will go to the polls to vote for 3 new members of the AWHOA Board of Directors. As homeowners we expect the current Board of Directors to abide by Arizona statute and conduct a fair and honest election.

In late October we solicited requests via our website from all homeowners regarding issues to be included in the settlement of our lawsuit against AWHOA, Inc. A request that appeared numerous times in e-mails from homeowners was that (1) Major elections for Board of Directors and Special Assessments be conducted by the Maricopa County Elections Department and (2) Elections conducted by the AWHOA, Inc. and utilize absentee ballots will require a PO Box to receive mail-in ballots, provision will be made for our Canadian residents to return their ballots in time to be counted, in-person voting hours will be extended to accommodate homeowners who work and that walk-in voting in the AWHOA Office will not be permitted.

Since the Maricopa County Elections Department will be unable to handle our January 2008 election we request that a meeting be held prior to the election to agree on voting procedures and that members of the Board of Directors, the Election Committee and concerned homeowners be involved.

Homeowner Board Actions
The details of having Maricopa County handle the January Directors Election were discussed. The County advised they could not handle anything this year due their preparation for a Maricopa County Election. The cost for their service would be $800. They would furnish machine countable ballots for printing and do the tabulation. All mailing and voter check-in would be done by Apache Wells. See Board minutes for further details. The preliminary budget was reviewed. The final budget will be presented for Board approval at the Nov. 15 Board Meeting. Discussion continues on how to handle problems with the hot tub and the shower rooms. Mesa has given us until October 2008 to bring the hot tub up to safety standards. The estimated cost for only the new hot tub is $20,000. The Planning and Development Committee for the new Community Building was disbanded. A new bulletin board near the administration building is being worked on. All of the above information is covered in more detail in the Board Minutes. They are posted for your review and sent by e-mail to those who are on the e-mail list.

Editor's Note: The following is an excerpt from a letter from SAW Attorney Steve Cheifetz addressed to Attorney Eric Jackson who represented the AWHOA, Inc. Board of Directors in their appeal of the $950 transfer fee. A copy was also sent to Attorney Gary Linder who represents the AWHOA, Inc. Board of Directors in the SAW lawsuit.

We are in receipt of the Court's most recent ruling reversing the decision of the Office of Administrative Hearings. Judge Downie determined that the Office of Administrative Hearings did not have jurisdiction to consider whether the transfer fee was valid. As such, this contentious issue remains unresolved.

We have received a decision from Maricopa County Superior Court Judge Margaret H. Downie on the AWHOA, Inc.'s appeal of a lower court order that reduced the $950 transfer fee to $300.

Judge Downie has overturned the lower court's order. Judge Downie's decision is posted below.

If you wish to view ALJ Lewis D. Kowal's order and the OAH Case Summary on the purchase of the Cancer Fund Building and the $950 Transfer Fee, go to our ARCHIVES page and scroll down to the February 16, 2007 posting.

If you wish to make a comment on Judge Margaret H. Downie's decision to overturn the lower court's decision you can send us an e-mail at the address at the bottom of this page and we will post it on our OPINIONS & FEEDBACK page unedited and without comment. Please include your name and lot number.

Compared to a lawsuit, mediation is swift, confidential, fair, and low cost. Here's a full explanation of its advantages.

If you've given up on negotiating a settlement of your dispute directly with the other party, mediation may be the most painless and efficient way to solve it. Mediation is quick, private, fair, and inexpensive compared to a lawsuit. Mediation sessions are usually scheduled within a few weeks or, at most, a couple of months from the time of a request -- and most sessions last only a few hours or a day, depending on the type of case. In contrast, lawsuits often take many months, or even years, to resolve.

Mediation is particularly valuable when your dispute involves another person with whom -- either by choice or circumstance -- you need to remain on good terms. This may include family members, co-workers, business partners, your landlord, neighbors, or others with whom you have a continuing personal or business relationship. Lawsuits polarize and ultimately ruin relationships, so a huge advantage of mediation is its ability to get a dispute resolved without destroying a relationship.

Another advantage of mediation is confidentiality. With very few exceptions (for example, where a criminal act or child abuse is involved), what you say during mediation cannot legally be revealed outside the mediation proceedings or used later in a court of law. By contrast, one of the drawbacks of going to court is that, by and large, everything said or submitted in connection with a lawsuit becomes available to the public. Only by a special order of a judge can information be "sealed" from public exposure. So whether your desire is to protect your trade secrets or just to avoid airing your dirty laundry in public, your privacy will be substantially greater with mediation than with litigation.

In addition, mediation will nearly always save you money. In many parts of the country, nonprofit community mediation centers handle relatively minor consumer, neighborhood, workplace, and similar disputes for free or for a nominal charge. Private dispute resolution companies tackle more complex cases for a fraction of the cost of bringing a lawsuit. A half-day mediation of a personal injury claim, for example, may cost each side about $500. By comparison, a full-scale court battle could cost $50,000 or more, sometimes much more.

If you're already involved in a lawsuit, mediation offers a huge benefit: It gives you a way to resolve the dispute and leave the court system behind. Believe it or not, mediation often works even if the parties have hired lawyers and the dispute has progressed to all-out litigation warfare. Because parties can speak for themselves in mediation, they can bring up creative ideas, personal feelings, and practical solutions that litigation might discourage. And mediation allows the parties to escape the full force of the lawyers' approach to the lawsuit. Sometimes, lawyers are so focused on winning a case that they lose sight of opportunities for resolution that could include repairing the parties' relationship. The mediator can point out, in different terms than lawyers would use, the strengths and weaknesses of each side's position -- which may, in turn, change each party's view of the prospects of winning (or losing) at trial, and open the door to a mutually acceptable settlement.

Finally, agreements reached through mediation are more likely to be carried out than those imposed by a judge. When folks go to court, the losing party is almost always angry and often prone to look for ways to violate the letter or spirit of any judgment. In contrast, a number of studies show that people who have freely arrived at their own solutions through mediation are significantly more likely to follow through on them.

The monthly SAW meeting scheduled for October has been put on hold until we have something to report to homeowners. After 52 days, Judge Margaret H. Downie has still not rendered her decision on the AWHOA, Inc.'s appeal of the $950 transfer fee. Also, no final settlement has been reached at this time between AWHOA, Inc. and the homeowners who filed a lawsuit against them.

As soon as we have resolution to these issues we will announce the date, time and place for the meeting on our Website, Telephone Network and Neighbor to Neighbor Program.

Michael J. Ryan, Judge Pro Tempore
Partner, Broening, Oberg, Woods & Wilson, P.C.
Phoenix, Arizona
www.bowwlaw.com

Arizona Alternative Dispute Resolution Services
The American jury system is a worldwide model for resolving disputes in a fair and orderly fashion. Nevertheless, lawsuits can be costly and time consuming, both financially and emotionally. While jury trials are necessary to resolve certain disputes, the lawyers at Broening, Oberg, Woods & Wilson keep a watchful and creative eye on opportunities to resolve disputes through alternative and less costly means.

The lawyers at Broening, Oberg, Woods & Wilson are experienced in virtually all aspects of alternative dispute resolution. Several of our senior lawyers commit a significant amount of their professional time in assisting clients and colleagues with resolving cases through arbitration, appraisal, mediation, negotiation and other appropriate and case specific resolution mechanisms.

Business mediation brings parties to the table with a focus on settling the legal matter in a cooperative setting. Alternative Dispute Resolution provides clients a way to resolve their disputes without going to court.

BACKGROUND
Areas of Practice:
Professional Liability Defense Law
Insurance Litigation
Insurance Bad Faith
Alternative Dispute Resolution
Litigation Percentage:
100% of Practice Devoted to Litigation
Bar Admissions:
California, 1992
Arizona, 1996
U.S. District Court Eastern District of California, 1992
U.S. District Court Northern District of California, 1992
U.S. District Court Southern District of California, 1992
Education:
Arizona State University, College of Law, Tempe, Arizona

The Phoenix Law Offices of Jones, Skelton & Hochuli were the venue Wednesday for the Settlement Conference ordered by Judge Hicks in her August 20, 2007 decision on the Partial Summary Judgement. At this time we can only report that progress has been made on the key issues, but no agreement has been reached on a settlement between plaintiffs and the defendants.

Plaintiffs and their attorneys occupied one conference room while defendants, their attorney and a representative from their insurance carrier occupied another. Judge Pro Tempore Michael J. Ryan shuttled back and forth between the two rooms with offers and counter offers. After 4 1/2 hours, some issues were agreed upon, but others were not. The conference was adjouned at 5:30PM. Attorneys for both parties along with Judge Ryan will attempt over the next few days to hammer out a draft agreement to present to their clients. At Judge Ryan's request both parties were asked not to discuss details of the negotiations in public or post them on our website. As soon as a settlement is reached and approved by plaintiffs and defendants, the details can be released.

We wish we could tell you more, but we don't want to jeopordize a settlement that both homeowners and the Board can agree to. As we have said a number of times in the past, "When WE know...YOU will know!" and we will post the agreement here.

Attorneys for Save Apache Wells
Cheifetz, Iannitelli & Marcolini, P.C.
Phoenix, AZ 85004
www.cimlaw.com

Steven W. Cheifetz, Partner

Practice Areas: Complex Commercial Litigation; Construction Litigation; Homeowners Association Litigation; Creditors Rights.

Affiliations: State Bar of Arizona (Member, Construction Law Section); admitted to practice before all Arizona courts, the U.S. District Court for the District of Arizona and the U.S. Court of Federal Claims.

Law School: Arizona State University, J.D., 1987. College: Arizona State University, B.S., Psychology, 1984.

Melanie C. McKeddie, Associate

Practice Areas: Commercial Litigation; Homeowners Association Litigation.

Affiliations: State Bar of Arizona; admitted to practice before all Arizona courts; American Bar Association.

Law School: California Western School of Law (J.D., magna cum laude, 2004); Editor and Writer for California Western School of Law Review and California Western School of Law International Law Journal, 2002-2004; Kennedy Scholar. College: Arizona State University (B.S., Justice Studies, summa cum laude, 2000); Regent's Merit Scholar.

Stewart F. Gross, Associate

Practice Areas: Homeowners Association Litigation; Commercial Litigation; Construction Litigation; Creditors Rights; Personal Injury.

Affiliations: State Bar of Arizona; the U.S. District Court for the District of Arizona; and the American Bar Association.

Law School: Touro Law Center, J.D., 1995. College: S.U.N.Y at Albany, B.A, Psychology, 1991.

J. Gary Linder, Partner
Jones, Skelton & Hochuli, P.L.C
Phoenix, AZ 85012
www.jshfirm.com
(Representing Defendants in SAW Lawsuit)

BIOGRAPHY
Mr. Linder joined the firm as an associate in 2001 and has been a partner since 2007. He concentrates his practice on class action and environmental law, construction defect, product liability, aviation, insurance defense and toxic torts. Mr. Linder received his Bachelor of Science degree in Corporate Finance and Real Estate Development, Cum Laude, from the University of Missouri in 1996 and his law degree from the University of Missouri School of Law in 1999. Prior to joining the firm, Mr. Linder worked for State Farm Insurance. He is admitted to practice in the state and federal courts of Arizona and Missouri.

EDUCATION
University of Missouri-Columbia, Columbia, Missouri J.D., 1999. University of Missouri-Columbia, Columbia, Missouri B.S., Corporate Finance and Real Estate, cum laude, 1996.

Eric M. Jackson, Managing Shareholder
Jackson White Attorneys at Law
Mesa, AZ 85201
www.jacksonwhitelaw.com
(Representing Defendants in Transfer Fee Appeal)

Eric Jackson is the founding and managing shareholder for JacksonWhite. He has been practicing law since 1978 and focuses his practice in the areas of construction and real estate law, and commercial litigation.

Bar Admissions: Eric has been licensed to practice both in the State of Utah and the State of Arizona since 1978. He is also licensed to practice law in the United States Supreme Court and the United States District Court for the Districts of Arizona and Utah.

Education and Honors: Eric earned his J.D. from the J. Reuben Clark Law School at Brigham Young University in 1978. Prior to this distinction, Eric attended Arizona State University and Brigham Young University and earned his undergraduate degree in communication.

Professional Activities and Experience: Eric is a member of the State Bar of Arizona (Construction Law Section) and the State Bar of Utah. He is the past president of the Mesa Rotary Club, chairman of the Mesa Chamber of Commerce, former member of the Financing the Future of Mesa: 2025 committee, (former chairman of the 2005 Mesa Citizens Bond Committee, and former board member of the Mesa United Way, Four Peaks Little League, and Families Helping Families, Inc. Eric is also a volunteer for the Boy Scouts of America program.

Apache Wells has many issues that need to be addressed. We must let go of the past and look to the future. AWARE encourages written solutions that individuals or groups are willing to support and present to our community in an effort to gain a majority consensus for our future. A new committee will need to be formed by the Apache Wells Homeowners Board of Directors to consider new and innovative ideas. We expect those making proposals will be willing to present and support them to gain agreement of the majority of Apache Wells Homeowners.

Editor's Note: We strongly encourage AWARE and other groups in Apache Wells to solicit ideas and pursue solutions that address the issues which have divided our community. We hope that in time these groups will sit down as concerned neighbors and discuss ways to bring about closure to our differences.

The following Settlement Conference requests were solicited from AWHOA members and collected via written, telephonic and e-mail submissions from 10/16/07-10/21/07. The purpose was to include homeowner input in the 10/24/07 Settlement Conference ordered by Judge Hicks in her decision of 8/20/07.

Please keep in mind that some of these requests are beyond the scope of the Settlement Conference and will have to be mediated within the Apache Wells community in accordance with the governing documents.

We wish to take this opportunity to thank the many homeowners who took the time to share their requests with our committee, members, supporters and the homeowners who are frequent visitors to our website. This summary was prepared by Bob Teague, Website Editor and will be shared with our attorneys.

Editor's Note: Due to the limited seating for the Settlement Conference on Wednesday October 24, 2007 we have been asked to limit the number of plaintiffs to only 10. The SAW Committee has filled those 10 openings at this time. If you wish to be placed on an alternate list in the event a plaintiff is unable to attend, please call Co-Chairman Judi Teague.

New tables, chairs, and umbrellas were purchased for the pool to replace worn ones. After Committee Reports at their Oct.18 meeting, the Board moved to the pool area to discuss cleaning problems in the pool dressing rooms and renovation of the showers. This work, along with the necessary repairs to the hot tub and the pool deck surface, is anticipated to be a major capital expenditure. The Board adjourned after finishing the inspection.

On Wednesday October 24, 2007 a Settlement Conference will be held in Phoenix to hopefully settle the lawsuit which has divided Apache Wells homeowners for the past year and a half. Judge Pro Tempore Michael J. Ryan will preside at the conference which begins at 9AM. The tentative site for the conference is the Law Offices of Jones, Skelton & Hochuli, P.L.C., Attorneys for the Defendants. Only Plaintiffs and Defendants listed in the lawsuit will be allowed to attend.

Attorneys Steve Cheifetz and Melanie McKeddie of the Law Firm Cheifetz, Iannitelli & Marcolini, P.C. have filed a Settlement Conference Memorandum with Judge Ryan and AWHOA, Inc. Attorneys Gary Linder and Michael Ludwig. The memorandum, available below, presents the factual background and description of issues, evidence to be presented, a summary of settlement negotiations to date, anticipated result at trial and a concluding statement.

Attorneys Gary Linder and Michael Ludwig of the Law Firm Jones, Skelton & Hochuli, P.L.C. have filed Defendant's Settlement Conference Memorandum with Judge Ryan and SAW Attorneys Steve Cheifetz, Melanie McKeddie and Stewart Gross. The memorandum, available below, presents facts surrounding the case, response to plaintiff's claims relating to declaratory relief/injunction, request for documents and breach of fiduciary obligation, damages, settlement discussions, likely verdict and a concluding statement.

In the interim before the Settlement Conference on the 24th, Save Apache Wells and their supporters are soliciting input from ALL members of the Apache Wells community as to what they would want to settle the remaining issues of the lawsuit and bring some closure to our community. Suggestions can be e-mailed to bteague1943@yahoo.com. A summary of homeowner suggestions will be posted on our website and shared with our attorneys. Please send your e-mails by 10/21/07.

Attorneys for Save Apache Wells have made a formal request through the Board of Directors' attorney for production of AWHOA, Inc. documents and other records. This is in response to the Board's non-compliance with ARS 33-1805 in the past which mandates release of association documents to its members.

SAW Attorney Melanie McKeddie states in her letter to AWHOA Board Attorney Gary Linder, "To put this simply, we know additional documentation exists, such as e-mail correspondence, surveys, contracts, proposals and all other records specified in our Request for Production. Your clients confirmed as much in their depositions. In light of this fact, we hoped a formal request would not be necessary. However, after months of waiting, we now realize formal discovery is necessary. We have been more than patient, and it is finally time for the Association to meet its obligations in disclosing records to our clients."

Also, a Rule 30(b)(6) NOTICE OF DEPOSITION has been issued for "The person most knowledgeable about efforts to provide documents requested by Plaintiffs and by Plaintiffs' attorneys, by letter and pursuant to Plaintiffs' First Request for Production of Documents and Things, and most familiar with the actual production of such documents." The deposition of the Board-designated individual is scheduled for Wednesday November 28, 2007 at 10:00AM in the Law Offices of Cheifetz, Iannitelli and Marcolini, P.C. in Phoenix.

Editor's Note: Donations to our Legal Fund have slowed over the past month. We still need your support to help cover the legal costs of the past and those that will occur in the future. There are still issues to be settled in the courts. We encourage you to give what you can. A form at the top of this page is provided so you can make your contribution to our legal efforts on your behalf.

HOA Board Still Seated: Apache Wells Recall Effort Slows!
By Angela DeWelles
Independent Newspapers
October 8, 2007

More than a month has passed since a meeting of the Save Apache Wells Committee sparked talks of a recall in the 55-plus community, but no homeowner association board members have been forced out yet.

SAW Committee Chairman Walt Stromme and other members have circulated petitions to recall eight of the community's nine board members, but are waiting to move forward with the rest of the recall process.

"We're still taking signatures but we have not decided when we will turn those in," Mr. Stromme said. "The ball is in (the board's) court."

Some Apache Wells homeowners who checked their mailboxes this morning found the latest educational flyer from AWARE swinging on their clothespin in the cool (54 degree) morning breeze.

The 2 page publication contains a history lesson of events in Apache Wells from 1962 to present followed by a list of Valley area communities and their transfer fees, HOA fees and other fees.

Fees outlined in AWARE flyer:
___Capital Fund Fee (Buyer)
___Maintenance Fee (Buyer)
___Buyers Capital Investment Fee
___Impact Fee (Buyer)
___Preservation Fund Fee (Buyer)
___Contributed Capital Fund Fee (Buyer)
___Transfer Fees $150-$300 (Buyer)
___Transfer Fee in Apache Wells $950 (Buyer)

AWARE, as we have been told by its founders, means Apache Wells Advocates for Reuniting and Educating. We question their efforts in Reuniting the community when their flyer was distributed only to selected homes, apparently ignoring those who have opposed the agenda of the AWHOA Board of Directors, the AWCC Board of Directors and their supporters. We also question their "independence" with the fact that their "accurate information" mirrors the same rhetoric of the association and country club leadership.

According to ARS 33-1806 Resale of units; information required;definition Section C.
The association may charge the member a reasonable fee to compensate the association for the costs incurred in the preparation of a statement funished by the association pursuant to this section.

The definition of a Transfer Fee is the fee charged by an association for the paperwork required for the transfer of property from the seller to the buyer and nothing else.

Some of our website visitors may not be aware of the origin of the $950 transfer fee. The following article was written in 2005 by then Board President Julie Couture and published in the Roundup. It explains the Board of Directors' reasons for increasing the fee from $300 to the current $950.

As most of you know, in February 2007 an Administrative Law Judge ruled that the AWHOA had acted arbitrarily, capriciously and unreasonably in increasing the transfer fee from $300 to $950 and ordered the fee rolled back to $300. The AWHOA Board later appealed that decision and we are currently awaiting a decision from a Superior Court Judge who heard the appeal on September 5, 2007.

Relevant Dates for the 2008 Elections!
Information from AW Roundup October 2007 Issue

It is not to early to begin thinking about the January 2, 2008 Election for Board of Directors. Candidates for openings on the Board can be nominated in 2 ways: (1)Nomination by the Board-approved Nominating Committee or (2)Nomination by Petition. Both methods are outlined in the AWHOA Bylaws.

RELEVANT DEADLINES AND DATES:
___Friday November 2, 2007 - The President shall appoint a Nominating Committee , subject to Board approval, not less that 60 days prior to the election date. (Completed)
___Thursday November 22, 2007 - The Nominating Committee must submit names of the nominees to the Board at least 40 days prior to the election date and the names posted at the Administrative Office.
___Sunday December 2, 2007 - Nominations by petition must be delivered to the Secretary of the Board at least 30 days prior to the election date.
___Wednesday December 12, 2007 - Names of the persons nominated by petition must be posted on the official bulletin board at least 20 days prior to the election date and in such publications or other postings which make information available to the members.
___January 2, 2008 - Election Day

The Save Apache Wells Committee is seeking strong candidates to run in the January 2, 2008 election. It is doubtful that they would be nominated by method (1), however they can be nominated by method (2). In the January 2007 Election, Ernie Shoults won election to the Board with the the highest vote count (492) thru the petition method.

Homeowners who wish to run for the AWHOA Board of Directors with the support of Save Apache Wells and its supporters should contact a member of the committee as soon as possible.

LEGAL UPDATES:
PRE-TRIAL CONFERENCE 10/22/07
ADR SETTLEMENT CONFERENCE 10/24/07

In her order of August 20, 2007 Judge Bethany G. Hicks granted our Motion for Partial Summary Judgment and an injunction to prevent the collection of the $6020 special assessment.

She further ordered the following:
___That our case be referred to the court's Office of Alternative Dispute Resolution (ADR). Judge Pro Tempore Michael J. Ryan has been appointed to conduct a Settlement Conference on October 24, 2007 at 9AM. Location to be announced. Plaintiffs may attend and we will provide details when they become available.

"We will need to consider what type of a resolution we would like to see for this entire litigation prior to attending the settlement conference, although we are uncertain as to the HOA/Board's genuine interest in settlement. The HOA/Board attorney has expressed doubt as to the likelihood of settlement, but he is open to attending the conference in good faith, and maintains that his clients (for the most part) are truly interested in getting the community back together."
Attorney Melanie McKeddie

___That a Pre-Trial Conference be held on October 22, 2007 at 2PM.
___That both parties submit a Joint Pre-trial Memorandum as to how they wish to proceed in this case.

At this time our attorneys have drafted and sent to the AWHOA's attorney a copy of Plaintiffs' Initial Disclosure Statement outlining what would be presented if a trial were to take place. The document is provided below.

"The pre-trial conference is different than the settlement conference. The pre-trial conference is an opportunity to schedule discovery deadlines and a date for trial. The parties will be exchanging disclosure statements no later than Monday September 17th. Disclosure statements require each party to explain the facts supporting their claim or defense, identify witnesses they may utilize at trial, identify legal theories, and so on. In this case, there will likely be few surprises, if any, with disclosure since we have already gone through extensive briefing with the Court. The October 22 pretrial conference is a typical, procedural conference. Nothing of substance is usually discussed - it's all about scheduling and things of that nature."
Attorney Steve Cheifetz

At this time we have not received a decision from Maricopa County Superior Court Judge Margaret H. Downie on the AWHOA, Inc.'s appeal of a lower court order that reduced the $950 transfer fee to $300. twelve days have passed since Judge Downie heard oral arguments from both sides of the issue in a hearing that lasted less than 30 minutes.

Save Apache Wells Monthly Meeting
Tuesday September 18, 2007
7PM at the Gazebo
SEATING WILL BE LIMITED - BRING LAWN CHAIRS!

___ Comments from Our Attorneys
See 9/19/07 posting above.
___ 10/22/07 Pre-Trial Conference
See 9/19/07 posting above.
___ 10/24/07 ADR Settlement Conference
See 9/19/07 posting above.
___ Transfer Fee Appeal Decision???
Day 12...No decision from Judge Downie at this time.
___ Status of Recall Petition Drive
We have exceeded required number and continue to receive signatures here and thru the mail. No date has been set at this time to present the petitions to the Board of Directors.
___ Recall Procedure
The 8 steps in the recall procedure were outlined. It was pointed out that steps 1-4 leading up to the recall vote are clearly defined in ARS 33-1813 and 10-3808, but voting procedures, ballots and the selection of an interim board are poorly defined and will likely require legal clarification.
___ Interim Board of Directors
We are currently soliciting candidates to serve on an Interim Board if the recall effort is successful. Interested homeowners should contact a member of our committee.
___ AWARE Group
This item was not discussed.

CHORE Advocate Pat Haruff speaks to homeowners at the September meeting in the Gazebo

___ Pat Haruff from CHORE
Comments centered around the state recall law and what she feels the legislature needs to do to make it more workable for homeowners. Pat Haruff, a well-known local homeowner advocate, enlightened our group on the recall procedure and admitted that "the Legislature needs to go back and finish the statute". We are currently researching the procedure and will post the results as soon as we have more information.
___ Open Forum
Refer to minutes when posted.

Residents Take Sides!
By Angela DeWelles
Independent Newspapers
September 10, 2007

After receiving a favorable ruling from the Maricopa County Civil Court, members of the Save Apache Wells committee lost no time in taking their next step.

A recall effort, spearheaded by the group, is now under way. The committee is trying to oust eight of the homeowner association's nine board members.

"We've been collecting signatures and at this point we have not given them to the board," SAW committee member Bob Teague said.

We are aware of AWARE. This weekend informational fliers are being distributed around the Apache Wells Community by a homeowner group calling themselves AWARE, an acronymn for "Apache Wells Advocates for Reuniting and Educating".

AWARE's flyer states that they are "a fully organized, independent group who will be providing addtional, periodic and accurate information about our community. This includes using special meetings, e-mail, flyers, press releases or website (soon)."

SAW certainly is in favor of REUNITING our community following the divisive events of the past year, but we will take a wait and see approach to AWARE's EDUCATING plans.

In granting our Motion for Partial Summary Judgment on August 20, 2007, Judge Hicks further ordered that our case be referred to the court's Office of Alternative Dispute Resolution. Since that time Judge Pro Tempore Michael J. Ryan has been appointed to conduct a Settlement Conference and to enter stipulated orders in our case. Legal counsel for SAW and AWHOA, Inc. will conference with Judge Ryan on or before September 10, 2007 to arrange the time and location for the Settlement Conference.

What is Alternative Dispute Resolution?
Alternative Dispute Resolution (ADR) is an umbrella term for a full range of dispute resolution methods, both private and court-connected, designed to help parties resolve their conflicts. In the courts of Maricopa County, ADR supports a wide range of alternative programs to assist parties in settling pending court disputes without resorting to trial. Court-connected ADR programs are offered in many Superior Court Divisions, such as the Civil, Family and Probate Divisions. ADR also serves the Justice Courts.

A Maricopa County Superior Court hearing was held this morning before Judge Margaret H. Downie in Courtroom 504, Cental Court Building in Phoenix at 9am. The purpose of the hearing was for the judge to hear oral arguments in the AWHOA Board's appeal of a lower court order that rolled back the $950 transfer fee to $300 in February of 2007.

SAW Attorney Steven Cheifetz argued that the AWHOA Board lacked the authority to increase the transfer fee by the Association's governing documents and therefore acted unreasonably, arbitrarily and capriciously. Cheifetz stated that the Board is authorized to raise funds through the general assessment (monthly dues) and may increase them up to 10% per year. They may also raise funds through a special assessment which requires the majority vote of all homeowners.

AWHOA Attorney Eric Jackson argued that the Board indeed had the right to raise the transfer fee and that the Administrative Judge had exceeded his authority in making his decision to lower it. Jackson claimed that the bylaws allow the increase of the transfer fee to fund unexpected expenses, increases in maintenance of common areas and higher costs for summer security. The fee, according to Jackson, also provides for maintaining a reserve fund.

Thirteen SAW supporters attended the hearing while the Board was represented by the Board's Legal Liaison Brian Johnson and his wife.

Judge Downie will give her decision at a later date. And.... as we have said before "When WE know, YOU will know!"

On Wednesday September 5, 2007 at 9AM in Maricopa County Superior Court The Honorable Margaret H. Downie will hear oral arguments on the AWHOA, Inc. appeal of an Administrative Judge's Order that rolled back the $950 transfer fee to $300 back in February.

The hearing, which is open to the public, will be held in Courtroom 504 (5th Floor) of the Central Court Building on Jefferson St. in Phoenix. Supporters are encouraged to attend.

Recall petitions will again be available at the Gazebo today and tomorrow September 5th from 8am-10am. Supporters of the recall who haven't signed a petition should do so as soon as possible. Mail-in petitions will continue to be available on our website.

A number of e-mails from opponents of the recall were received over the Labor Day Weekend and have been posted unedited and without comment on our OPINIONS & FEEDBACK page. We appreciate these homeowners' willingness to share their thoughts on a wide range of issues that have been discussed in our community over the past year. Due to the volume of e-mails we have limited e-mails to one per household.

Our committee has read through the e-mails that we have received from our opponents and have summarized a response to them in an Open Letter to the homeowners of Apache Wells. We do this to clarify our position on the recall effort, court actions and decisions, accusations and our views on a number of other issues that are of concern to homeowners from both sides. If you wish to comment on our letter, send us an e-mail, but keep in mind that we will only publish one per houshold.

Members of the Save Apache Wells Committee will again be at the Gazebo on Labor Day from 8am-10am for those homeowners who wish to sign a petition to recall the current AWHOA Board of Directors. We have been very pleased with the number of petitions that were signed last week following a call by homeowners attending the August 21, 2007 SAW meeting that they would support a recall effort.

In addition to the petition signing at the Gazebo, homeowners can also obtain a petition by printing one below or requesting one from SAW Co-Chairman Judi Teague.

If you know of a SAW supporter who does not have a computer or is house bound we ask that you pick up a petition for them or print one from your computer. The online version has the address where they can mail the petition. Our Neighbor to Neighbor Program is only effective with your help.

The petition drive will continue Tuesday and Wednesday September 4 and 5 from 8am-10am at the Gazebo. We strongly encourage all homeowners who feel that the current Board of Directors have not been responsive to them and wish to replace them, to obtain a petition and make their voices be heard.

An important feature of our Save Apache Wells website is the Opinions & Feedback page. It gives visitors who wish to share their views the opportunity to send us e-mails on issues that are of concern to them and have them published online for all to read.

We recently published a letter entitled "Why Consider Recalling the AWHOA Board". In that letter we said "We welcome responses to this commentary...." and requested that contributors give their name and lot number, email them to the address at the bottom of our Home page and we would post their e-mail unedited and without comment. Comments would of course come from visitors to our site who might agree or disagree with them.

Since the recall letter and petition were distributed online and during the recall drive at the Gazebo, a number of new e-mails have been received. Most were from supporters of the Board who were perhaps shocked that we would publish them on our website. As most are aware, our SAW group is denied the opportunity for submitting our side of recent issues to the Apache Wells Newsletter or the Roundup monthly newspaper. We believe that in a free and open society, both sides should be heard.

You can read the latest e-mails by clicking on the OPINIONS icon at the top of this page.

Effort Begins to Recall Apache Wells Board!
Art Thomason
The Arizona Republic
August 29, 2007

A citizens group began circulating petitions this week to recall the board of directors of Apache Wells, an east Mesa golf course community.

The effort comes on the heels of a Maricopa County Superior Court judge's ruling that set aside the results of an election approving construction of an $8.5 million multipurpose center that divided the community.

The election was the heart of a dispute that has divided the community and spurred a citizens group known as Save Apache Wells to initiate the recall effort.

Ruling Favors Committee!
By Angela De Welles
Independent Newspapers
August 27, 2007

A Maricopa County civil court judge ruled Aug. 20 a special assessment election held by the Apache Wells homeowners association is not valid.

According to Gary Linder, an attorney who represents the HOA Board of Directors, Judge Bethany Hicks' decision only refers to an interpretation of voting provisions as outlined in the association's bylaws.

A lawsuit, filed by 94 Apache Wells homeowners, called the Feb. 21 election into question and alleged breaches of fiduciary obligation, according to Mr. Linder.

On Tuesday evening August 21, 2007 during the open forum portion of the Save Apache Wells monthly meeting, a homeowner stood and said, "Why don't we just recall the Board of Directors?". That suggestion, which had come up on several previous occasions, was met with an enthusiastic round of applause. When Chairman Walt Stromme asked the homeowners how many of them would be willing to support such a move, almost every hand in the meeting room went up. It was decided at that point to explore the recall process (ARS 33-1813) with our attorneys and begin collecting homeowner signatures on petitions.

ARS 33-1813: A recall of the Board of Directors is provided for by Arizona State Law. The statute for removal of a Board member or members stipulates that a recall effort must have petitions with the signatures of a minimum of 10% of the Association members. The petitions are then presented to the Board of Directors who then are required to call a special meeting within 30 days. At that special meeting a minimum of 25% of the Association members must be present. Voting would be by secret ballot and a majority of those Association members, present and voting, is required to recall the Board. If the Board is recalled, an interim Board is appointed and serves until the next election for Board of Directors.

Note: Recall petitions will be available this week for homeowners to sign Monday, Tuesday and Wednesday (August 27, 28 and 29) from 8-10am at the Gazebo. Also, make a copy of our Open Letter below and pass it on to a neighbor without Internet access through our Neighbor to Neighbor Program. Include a mail-in petition that was posted on August 23, 2007. Thank you!

Judge Scrubs Mesa HOA's Center Plans!
Jason Massad
East Valley Tribune
August 24, 2007

A Maricopa County Superior Court judge has ruled against a homeowners association in east Mesa, halting its plans to force residents to pay for construction of an $8.5 million luxury community center.

Many residents had said the project was rammed down their throats and that they couldn't afford the mandatory fees.

Judge Sets Aside Apache Wells Election!
Art Thomason
The Arizona Republic
Aug. 23, 2007

An election that divided an east Mesa golf course community over approval of an $8.5 million multipurpose center has been set aside by a Maricopa County Superior Court judge.

Judge Bethany Hicks ruled that the Feb. 21 tally was invalid because the 644 votes in favor of the facility fell short of representing the majority of all homeowners in Apache Wells. The community's homeowner association bylaws require such a majority, or at least 707 votes, the judge ruled.

Homeowner response to the suggestion at Tuesday's meeting that we consider recalling the AWHOA Board of Directors was met with a unanimous show of hands. In light of this show of support for a recall, petitions will be made available for homeowners to sign both in the community as well as online through our website.

Complete the Mail-in Recall Petition and mail it to the address on the form. Follow the directions on the petition carefully so that it will meet legal requirements to be counted. Please return promptly.

Editor's Note: Our SAW Committee has received calls from the AZ Republic, the EV Tribune and the East Mesa Indendent. The Independent covered our Tuesday evening meeting. Check these papers for upcoming articles on Apache Wells. The Tribune article should be in this Friday's (8/24) paper.

This notice is to inform all residents of Apache Wells that as of today, the Special Assessment Fee will not be collected and no future collection is anticipated at this time.

The Judge's decision yesterday ruled that the Special Election results were invalid. The court ruled that to pass, the election required a total of 707 yes votes, a majority of residences, not the 644 yes votes as were tabulated.

We apologize for any inconvenience that has been created by the collection of this fee. For you who have already sent in your assessment, your money will be returned as soon as possible. We want you to know that we appreciate your enthusiasm and dedication. Apache Wells will now have to decide on future direction and we of course will solicit your ideas and recommendations.

Homeowners met Tuesday evening to discuss the Superior Court decision and plans for the future

Apache Wells Meeting Room A was filled to capacity last evening as SAW supporters gathered to savor their recent win in Maricopa County Superior Court that ended a 6 month legal battle to stop the AWHOA's $8.5 million Community Center Project and the $6020 special assessment of each homeowner.

The mood of the homeowners in attendance was jubilant as Chairman Walt Stromme went through the usual housekeeping duties of the Call to Order, introduction of the SAW Committee members, reading of the minutes of the July meeting and giving a brief treasurer's report.

Co-chairman Judi Teague gave a short overview of the court proceedings that took place on Monday in Phoenix and the reactions of both sides when the decision was handed down by Judge Hicks. She also announced the need for volunteers to help form a Distribution Committee to help distribute informational flyers throughout the community when the need arose. Interested homeowners were ask to sign up at the end of the meeting or contact her by phone.

Website Editor Bob Teague discussed the recent heavy traffic on the SAW website and briefly discussed the e-mail sent to SAW by their attorney Steve Cheifetz. Copies of the e-mail were available to those in attendance. The letter from the attorney is also available on the August 20, 2007 posting on the website. He requested that those with Internet access make copies of the letter and pass it on through our Neighbor to Neighbor Program.

Oral arguments on the AWHOA appeal of the OAH Judge's order on the transfer fee have been scheduled for September 5, 2007 at 9:00am in Superior Court. SAW's contempt motion and the AWHOA's application for a stay were both denied by Judge Downie.

A call for 3 strong candidates for the January board election was made as well as a request for continued donations to our legal fund. The committee thanked those who have already given generously.

The open forum portion of the meeting centered around the committee's request for input from the homeowners on the question "Where do we go from here?" A number of suggestions were proposed including one that has been mentioned a number of times before.....that of recalling the Board of Directors. A show of hands indicated unanimous support for that action if homeowners decide to take that route to reclaim control of Apache Wells. A recall would require a petition with the signatures of at least 10% of homeowners and a majority vote of at least 25% of AW homeowners present and voting at a special meeting called for that purpose.

Superior Court Judge Bethany G. Hicks has ruled the February 21, 2007 election that approved an $8,500,000 Community Center Project and $6020 special assessment on homeowners was invalid since the project proponents did not obtain a majority vote of residential unit owners as required by our AWHOA bylaws.

The decision was announced shortly after the 2:30PM hearing began on SAW's application for a preliminary injunction. As a result, an injunction is now in place to prevent AWHOA, Inc. from collecting the special assessment and moving forward with construction.

A large turnout of SAW members and supporters were on hand in the courtroom to hear the decision that they have worked so hard to obtain.

Our attorneys will have addtional information shortly on this decision and where we go from here. Check back for the latest updates. In the meantime enjoy the victory and pass this information on to your neighbors.

For Apache Wells homeowners this week has to be one of the longest in recent memory. Our website has seen a steady stream of visitors, the phone lines have been very busy and the conversations around the community have all focused on just one thing....."the decision".

We wish that we had something to tell everyone, but the only thing we can say is to be patient.

An evidentiary hearing on our application for a preliminary injunction (if needed) to halt collection of the special assessment has been scheduled for Monday August 20, 2007 at 2:30PM before the Honorable Bethany G. Hicks. Homeowners are welcome and encouraged to attend as a show of support. The Superior Court hearing will be held in Courtroom 811 of the East Court Building on Jefferson Street in Phoenix. A road map was provided on our August 11-12, 2007 posting. Car pooling is stongly recommended.

DIRECTIONS: Take Loop 202W to I-10W. Exit Papago Fwy at 7th St. (before the tunnel) and go south on 7th. Jefferson St. is one-way (W to E), so use Washington St. one-way (E to W) and go to 7th Ave. Turn left on 7th Ave. to access Jefferson St. Turn left on Jefferson. Parking is available near the courthouse.

Save Apache Wells Monthly Meeting
Tuesday August 21, 2007
7PM in Room A
Please pass this on to your neighbors.

The Honorable Bethany G. Hicks heard oral arguments this morning on SAW's Motion for Partial Summary Judgment and AWHOA Inc.'s Cross-Motion for Partial Summary Judgment. Supporters for SAW and AWHOA Inc./AWCC Inc. were well represented in Courtroom 811. Both motions filed with Maricopa County Superior Court dealt with the issue of the interpretation of the votes required for approval of a special assessment in ARTICLE X FINANCIAL, Section 2 Part D Item 1 of the AWHOA, Inc. Bylaws.

Attorney Gary Linder, representing AWHOA, Inc. argued that a special assessment passes with a majority of the votes cast at the special election. Attorney Stewart Gross, representing SAW argued that by omitting the phrase "present and voting" used in two other instances in the bylaws, the Association intended that a special assessment require a majority of all residential unit owners to pass.

We all left the hearing with a feeling of optimism and that our attorney had made a strong argument for a decision in our favor.

We hope to have a decision from Judge Hicks soon and as we have said before....When WE know, YOU will know! We appreciate your patience and your support. As soon as we get a decision, we will post it on our website.

In history there have been some epic battles that have made their way into the history books. We all remember studying them in days gone by when we were in school. Bunker Hill, The Alamo, Gettysburg, Little Big Horn, The Argonne Forest, Stalingrad, Chosin Reservoir, Hue to name just a few.

On Monday August 13, 2007 at 11:30am a legal battle will be fought before a Superior Court Judge in Phoenix that is unlikely to ever end up in a history book, but for the residents of Apache Wells it will be epic in proportion to them. The outcome will determine whether or not an $8,500,000 project supported by a $6020 special assessment and approved by a minority of residential unit owners will move forward.

The outcome of this battle may or may not be known on Monday. It is likely that The Honorable Bethany G. Hicks will want additional time to consider her decision after listening to oral arguments from both sides and having the opportunity to question both attorneys.

We hope to have a decision prior to the September 4, 2007 deadline set by AWHOA, Inc. to begin collection of the special assessment. If not, we have filed an application for a preliminary injunction. A date for the hearing on the injunction application will be discussed during the proceedings on Monday.

The hearing Monday is open to the public and we hope that many of our SAW supporters will attend. We know that the AWHOA, Inc. supporters will be there.

WE NEED YOUR HELP! We are all aware that many of our supporters do not have Internet access and do not receive the information that is posted on our website. In an effort to remedy this problem we are asking for your help by becoming an important part of our Neighbor-to-Neighbor Information Network.

You can help by:
   a. Providing them with printed copies of updates from our website
   b. Calling and alerting them to updates and upcoming meetings
   c. Offering to provide transportation to and from our meetings if needed
   d. Visiting them in their homes and providing them with the latest updates
   e. Inviting them to your home for coffee and discussion of the latest updates
   f. Sponsoring a "Neighborhood Coffee" for a small group to share and discuss updates
   g. Encouraging them to contact a SAW Committee member by phone
   h. Asking a committee member to visit for a Q & A session

Our committee has prepared a letter for distribution to Apache Wells Homeowners and in particular those who do not have Internet access, do not attend our monthly meetings and who may be housebound. Many are your neighbors and we are counting on you to help make the Neighbor-to Neighbor Information Network become a reality. Please click on the link below and make a few copies and distribute them to those who may not be aware of what is going on in our legal battle with AWHOA, Inc.

An application for a prelimianry injunction was filed with Maricopa County Superior Court on Friday August 3, 2007 by attorneys representing Save Apache Wells and their supporters. The purpose of asking the Court for a preliminary injunction is to prevent AWHOA, Inc. from moving forward with collection of the $6020 special assessment on September 4, 2007 and starting construction of the proposed $8.5 million Community Center Project prior to the Court's decision on the Partial Summary Judgment that will be argued on August 13, 2007.

A preliminary injunction, in law, is an injunction entered by a court prior to a determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct until the case has been decided. If the case is decided against the party that has been enjoined, then the injunction will usually be made permanent. If the case is decided in favor of the party that has been enjoined, the injunction will usually be dissolved or dismissed.

In most courts in the United States, the party seeking the preliminary injunction must demonstrate four things:
___1. That there is a substantial likelihood of success on the merits of the case,
___2. That they face a substantial threat of irreparable damage or injury if the injunction is not granted,
___3.That the balance of harms weighs in favor of the party seeking the preliminary injunction and
___4. That the grant of an injunction would not disserve the public interest.
The "balance of harms" refers to the threatened injury to the party seeking the preliminary injunction as compared to the harm that the other party may suffer from the injunction.

As you can well imagine, our legal fees are mounting and we remind our many supporters that donations large and small to our legal fund are needed. You can use the form at the top of this page to show your support for our efforts on your behalf.

On June 15, 2007 Attorney Eric Jackson filed an Opening Brief on behalf of AWHOA, Inc. in support of their Superior Court appeal of the OAH Administrative Judge's order to roll back the $950 transfer fee to $300.

Today Attorneys Steve Cheifetz and Melanie McKeddie filed an Answering Brief on behalf of *Walt Stromme and SAW in support of affirming the Administrative Judge's February 16, 2007 decision that the transfer fee increase is void and invalid. (*SAW Committee Chairman Walt Stromme was named as plaintiff on the original complaint to the OAH on the purchase of the bank building and the $950 transfer fee under HB 2824 in January 2007.)

Oral arguments have been requested. A date for the Superior Court hearing on the AWHOA appeal will now be scheduled. The appeal has been assigned to the Honorable Margaret H. Downie.

As soon as the hearing date is announced we will post it on our website. For those who wish to read the attorneys' briefs, we provide them below.

Homeowner Advocate Pat Haruff of CHORE was to appear on Channel 10 tonight at 9PM. Due to a programming change related to the tragic collision of the Channel 3 and 15 news helicopters over Phoenix, Pat's segment was cut and will be aired at a later time. Attorney Andrew Lynch, who represents homeowners in disputes, will still be in the investigative report along with 2 homeowners who are having problems with their HOAs. Bob Barger, Director of the Department of Fire, Building and Life Safety....you know those people you mail your HOA complaints to for the Office of Administrative Hearings, will also be in the report.

We will let you know when Pat's segment will be aired and post the time and date on our website.

Editor's Note: Apache Wells resident Bob Domit spoke at the July SAW meeting about what he sees as an exorbitant price tag on the proposed Community Center building. He has written an Open Letter to the residents of Apache Wells and the complete letter is posted on the OPINIONS page of our website. His letter starts.....

I can't help but speak out about building this so called new Rec Center for the benefit of "all". The $8,500,000 improvement is way out of line with today's construction costs. I have over 30 years of commercial construction experience and cannot in any way, shape or form figure out this estimated cost.

Editor's Note: In response to a recent e-mail I received from Dub Ferrell I contacted Bob Domit and questioned him on the figures he quoted in his open letter posted on this date. After discussing the e-mail I received he admitted that he had made several errors in his cost calculations of the 2 new buildings on the south side of McKellips opposite the Apache Wells fountain. Bob wishes to apologize for the errors and any confusion it may have caused. He has asked me to update the incorrect figures which I have done. The link above will take you to the OPINIONS & FEEDBACK page. The open letter was originally posted there on July 26, 2007.

The ABC 15 INVESTIGATORS report on "CONTROLLING HOAs" finally aired last night on the 10PM NEWS. If you were like the rest of us and stayed up past our normal bedtimes to watch you were perhaps wondering who those screaming homeowners were in the undercover video who had their identities digitally hidden. Be assured they were NOT from Apache Wells. We've had some lively meetings, but nothing like that!

As promised by Investigative Reporter Abbie Boudreau, the report was edited from 90 minutes of taped in-studio interviews down to several minutes of homeowner comments, out-of-studio taped footage and the unidentified hidden camera video.

Editor's Note: The following are excerpts from the Apache Wells Newsletter dated July 23, 2007 Issue 70. We present them unedited and without comment for our website visitors. Content represents the views and opinions of AWHOA, Inc. and its Board of Directors.

August 13, 2007 has been set for oral arguments to be heard for a Partial Summary Judgment in the lawsuit between the Save Apache Wells group and the Apache Wells Homeowners Association. The only issue to be discussed at this hearing is in regard to the Apache Wells By-Law Article X Section 2, Paragraph D (1) covering special assessments, which reads as follows:

(1) Special assessments shall be approved by a two-thirds (2/3) vote of the Board at a duly called meeting at which a quorum in present, and by a majority vote of residential unit owners at a special election called and publicized for that specific purpose.

The Save Apache Wells group contends that a majority of all residential unit owners is required for passage of the proposal, not the majority of those voting.

Editor's Note: You can read both attorneys motions on this issue by scrolling down to July 3, 2007 where they are posted.

The ABC Channel 15 Investigative Report on Problems with HOA's that was scheduled for Friday July 20th has been rescheduled to air on Tuesday July 24th at 10PM. The report will include comments from SAW Committee members Bob & Judi Teague and SAW attorney Steve Cheifetz. Homeowner advocate George Staropoli also offers his perspective on the issue.

For our homeowners that are out of state, we will put a link on our website to the report on the ABC 15 website once they post it.

Plaintiff APACHE WELLS HOMEOWNERS ASSOCIATION ("Apache Wells"), by and thru counsel undersigned, hereby files its Reply to Defendant Stromme's ("Stromme") Response to Application for Stay of Administrative Order Re: Transfer Fee Increase. Apache Wells incorporates its Opening Brief hereto as well as all other pleadings on record with this court.

Editor's Note: This is the reply by Jackson-White attorneys on behalf of the AWHOA in reply to SAW's response to the Board's application for a 2nd stay to allow them to continue to collect the $950 transfer fee despite the Administrative Judge's order to roll it back to $300, despite the Office of Administrative Hearings approval of the Judge's Order and despite being denied the first application for a stay. Walt Stromme is listed as the defendant because he was named on the original complaint filed with the OAH under HB 2824 back in January. The DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY; OFFICE OF ADMINISTRATIVE HEARINGS is also listed as a defendant. Oral arguments before the Honorable Margaret H. Downie have been requested. No date has been set, but we will post it here when scheduled.

Bob Domit makes a point as homeowners gathered for the latest news and legal updates Thursday

The Save Apache Wells Committee held a special meeting Thursday July 19, 2007 at 7PM in Room A. The purpose of the meeting was to update homeowners on the current status of the following items:

___1. The AWHOA's letter and payment form sent on June 26, 2007 that reinstates the collection of the $6020 special assessment on September 4, 2007.
Our committee has told homeowners "DO NOT SIGN ANYTHING...DO NOT PAY ANYTHING!" If we get a favorable decision on the Partial Summary Judgment from the Court on 8/13/07 it will invalidate the 2/21/07 vote and that will effectively put an end to the special assessment and the proposed project. If not our attorneys will seek an injunction, request a court date and pursue our original complaint (lawsuit) in Superior Court.
___2. Oral arguments on the Partial Summary Judgment have been set for August 13, 2007 in Maricopa County Superior Court and will be heard by the Honarable Bethany G. Hicks.
At the hearing before the judge, each attorney will have 5 minutes to argue their side. Both motions were filed earlier and will have been reviewed by the judge. The oral arguments will focus on the key issues in the dispute over the February 21, 2007 election to approve the special assessment and build the proposed community center. The judge will also be able to ask questions. The judge will then render a decision, hopefully before 9/4/07. Spectators are welcome at the hearing which is scheduled for 11:30AM. A map with directions to the courthouse is posted below for those who wish to attend.

___3. The AWHOA's appeal of the Administrative Judge's order on the $950 transfer fee.
Our attorneys will file an answering brief by the end of this month. This will be followed by oral arguments. The judge will then make a decision to either uphold the lower court's order or overturn it. A date for the hearing has not been set.
___4. Status of 2nd stay request by AWHOA on transfer fee.
AWHOA attorneys will file a reply in support of the application for stay and the judge will then make a decision. A stay would allow the AWHOA to continue collecting the $950. A previous request for a stay was denied. That is why we filed the contempt of court motion.
___5. The AWHOA's contempt of court charge by SAW.
We are currently awaiting the judge's decision. When we know....You will know!
___6. Status of SAW/AWHOA depositions.
SAW: Walt Stromme, Dee Miller, Lois Stevinson, Bob Teague, Jenni Martin DONE. Judi Teague has yet to be scheduled.
AWHOA: Ernie Shoults, Brian Johnson, Bing Miller DONE. Jim Bonnell, Marv Stoll and Tom Finger have yet to be scheduled.
___7. SAW website upgrades.
Visitors to the SAW website may have noticed that the pop-up ads are gone! Since we were running short of memory on the FREE hosting service we upgraded to the Angelfire "Neon" level service for $4.95 per month. In addition to an ad-free site we increased our memory for the site from 20MB (megabytes) to 1GB (gigabyte) an increase of 50X. This means we can now continue to add updates to the website without having to free up memory by deleting the older files in our archives. We also increased our bandwidth from 1GB per month to 100GB per month and that will provide plenty of download capacity for our many website visitors. This week we passed 16,000 "hits" or visitors since the website went online in December of 2006.
___8. Need for Neighbor-to-Neighbor Network.
We are aware that many of our supporters do not have Internet access and do not receive the information that is posted on our website www.saveapachewells.com. In an effort to remedy this problem we are asking for your help by forming a Neighbor-to-Neighbor Information Network.
You can do this by:
   a. Providing them with printed copies of updates from our website
   b. Calling and alerting them to updates and upcoming meetings
   c. Offering to provide transportation to and from our meetings if needed
   d. Visiting them in their homes and providing them with the latest updates
   e. Inviting them to your home for coffee and discussion of the latest updates
   f. Sponsoring a "Neighborhood Coffee" for a small group to share and discuss updates
   g. Encouraging them to contact a SAW Committee member by phone
   h. Asking a committee member to visit for a Q & A session
___9. Legal Fund Status and need for donations.
Dee Miller, Treasurer reported that a check for $8101 had been sent to our attorneys for legal services. She also displayed a donation form from our website with a penny scotch taped to it from a supporter in Lincoln, Nebraska. Contributors to the legal fund were again invited to speak privately with her and she would update them on the current balance. On advice of our legal counsel, we will not divulge the current balance in the fund publicly. We will say that we are in good financial shape and that we will see this fight through to its conclusion. We continue to ask you for your financial support. Information on making donations is located at the top of our website Home page or by contacting Dee Miller.
___10. ABC 15 Investigative Report on HOA's on July 20, 2007 at 10PM.
On very short notice Bob and Judi Teague agreed to be interviewed by ABC 15 investigative reporter Abbie Boudreau for a report on Problems with HOA's. On July 2nd they were joined by several other homeowners and homeowner advocate George Staropoli for a 90 minute taped interview. SAW attorney Steve Cheifetz, a CAI/HOA lobbyist and HOA Board members were also interviewed later in the week. The report, which will likely be pared down to 3-3 1/2 minutes, will air Friday July 20, 2007 on the 10PM News.
Editors Note: if the video is posted on the ABC 15 website, we will put a link to it on our website for our out of town homeowners.

The ABC 15 Investigative Report scheduled for 7/20/07 at 10PM was not aired. It was likely "bumped" by the report on security problems at Sky Harbor Airport. We have e-mailed ABC 15 and will post their reply here as soon as we receive it. We apologize to all who stayed up late to watch.

Send us an e-mail to the address at the bottom of this page. If we can't answer your question we'll get the answer for you and e-mail it back to you. If it is a legal question that we can't answer we'll e-mail it to our legal team and then pass their response on to you by e-mail. If the question and answer would be of interest to all homeowners, we'll post it on our website.

The mission of this website from the very beginning has been to get the latest news, information and updates of community interest out to the homeowners of Apache Wells. Whether you support us or not we firmly believe that if homeowners are armed with up-to-date information they will make the right choices for our entire community.

The Superior Court of Arizona in and for the County of Maricopa has set oral arguments in the case of Ken Doshier, et al. v. Apache Wells Homeowners Association, Inc., et al. for August 13, 2007 at 11:30am. Plaintiffs will be represented by Steven W. Cheifetz and Defendants will be represented by J. Gary Linder. The Honorable Bethany G. Hicks will preside.

__1. Plaintiffs' Motion for Partial Summary Judgment
__2. Defendants' Cross-Motion for Summary Judgment

Each attorney will have 5 minutes to argue their side. Both motions were filed earlier and will have been reviewed by the judge. The oral arguments will focus on the key issues in the dispute over the February 21, 2007 election to approve the $6020 special assessment and build the proposed $8.5 million community center. The Court will also be able to ask questions.

A Mesa Municipal Court Judge has found Marlene Singer, companion of AWHOA Board of Directors member Tom Finger, not guilty of charges that she assaulted Save Apache Wells Committee Chairman Walt Stromme following an Apache Wells homeowners meeting on April 10, 2007.

The above is an apt saying that applies to the Apache Wells Homeowners Association. As a result of long-time excesses by the AWHOA Board of Directors, culminating last June with the purchase of a piece of property for the sum of $723,000 without the knowledge and consent of the resident home owners of the association, a group of concerned citizens got together. They formed an ad hoc committee calling themselves the "Save Apache Wells" committee using the acronymn SAW.

The Save Apache Wells Committee wishes to publicly thank the many friends of our cause who have come forward and donated to our legal fund over the past months. Without their generous financial support we would have been unable to carry on the fight to end the excessive and unnecessary spending by our Apache Wells Homeowners Association Board of Directors and their supporters.

We also appreciate the kind words of encouragement in the notes contributors send along with their donations. It has been a long year for all of us and we must remain patient. We didn't go away as some thought we would. We have every right to stand up and fight for what we believe in. We saw a wrong and we knew we had to make it right. We are optimistic that with the strong support we have behind us that in the end we can put a stop to this grandiose building plan. Hopefully, someday we can all sit down as neighbors and come up with an alternative that will truly benefit the entire community.

We hope that those who have not as yet donated will join those who have already given and help us insure that we will prevail when the Maricopa County Superior Court hears our lawsuit. We have an outstanding group of attorneys working our case and they too are confident that we will receive a favorable ruling.

Please pass this note of thanks on to your friends and neighbors who do not have Internet access and remind them that we are available to sit down and talk with them about our group and that they are always welcome at our monthly meetings.

And please remember: "Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has." --Margaret Mead

If you would like to contribute to the SAW Legal Fund, just click on the link at the top of this page for a mail-in form to make your donation and thank you for your support.

SAW Group Talks Lawsuit, Money!
By Temple A. Stark
Independent Newspapers

More than 100 white-haired proponents and opponents of a new Apache Wells Community Center proved that June 21 as they packed into a room at the park.

Editor's Note: If you have been following the progress of our lawsuit against the AWHOA on the $8,500,000 Community Center Building Project and related $6020 special assessment you know that our attorneys have filed a motion in Superior Court for partial summary judgment. To help our website visitors understand this legal action we have researched it and provide the following explanation.

Q: What is a summary judgment?
A: It is a final decision by a judge that resolves a lawsuit in favor of one of the parties. A motion for summary judgment is made after discovery is completed but before the case goes to trial. The party making the motion marshals all the evidence in its favor, compares it to the other side's evidence, and argues that a reasonable jury looking at the same evidence could only decide the case one way--for the moving party. If the judge agrees, then a trial would be unnecessary and the judge enters judgment for the moving party.

Q: What is a partial summary judgement?
A: A partial summary judgment motion, is where the judge is asked to decide only one or some of the legal issues in the case. In the case of SAW vs. AWHOA, Inc. the legal issue we are asking the judge to decide is on whether or not the February 21, 2007 election was valid.

Editor's Note: These files are quite large and will take about 30 sec. to download with cable or DSL. Visitors with dial-up access will have a much longer wait.

If you have further questions concerning our lawsuit, contact a member of our Save Apache Wells Committee.

On June 29th, SAW attorneys filed a response with Superior Court to the AWHOA's 2nd application for a stay of the Administrative Judge's order to roll back the $950 transfer fee to $300.

AWHOA's first request for a stay was denied by the Superior Court back in May. At that time the association chose to ignore the lower court's order and have continued to collect the $950, putting $650 into a separate account.

A contempt of court motion against the AWHOA was filed by SAW in June and a decision by the Superior Court is currently pending.

Editor's Note: This file is quite large and will take about 20 sec. to download with cable or DSL. Visitors with dial-up access will have a much longer wait.

Editor's Note: The following are excerpts from the Apache Wells Newsletter dated June 27, 2007 Issue 69. We present them unedited and without comment for our website visitors. Content represents the views and opinions of AWHOA, Inc. and its Board of Directors.

Lawsuits:
It is unfortunate that more information on the progress of the lawsuits has not been available through this newsletter. Legal counsel continues to advise against publishing detailed information regarding the lawsuits at this time. You can be assured however that all aspects of the current lawsuits are progressing well and every effort is being made to bring them to a satisfactory conclusion. Details will be published as soon as counsel gives their okay.

Assessment Collection Reinstated:
As you know, on February 21, 2007, a majority vote of our members authorized a special assessment for the purpose of developing the Community Center Building Project. Subsequent to this vote, a lawsuit was filed against members of the 2006 and 2007 Boards with the intention of stopping collection of this assessment.

On advice of counsel, the April 1, 2007, collection of the special assessment was halted until such time as documents could be assembled and given to the plaintiffs' attorneys for their review. More than 1,300 such documents, all intended to refute charges in the lawsuit, were provided to the plaintiffs' attorneys. Those attorneys have had more than 30 days to review the materials and make substantive comments.

Our legal counsel now advises it is prudent to once again proceed with collection of the special assessment. A mailing has been sent to all Apache Wells homeowners using the address that is currently on file at the Homeowners office. The mailing lists the options available for the satisfaction of the special assessment and requests your response as to which option you intend to use.

Note: You must send separate checks for your special assessment payment and your monthly general assessment fees.

AW Homeowner Office Address Change:
Be sure to change your mailing address for the Apache Wells Homeowners Office. The new Homeowners Office address is 2223 North 56th Street. The forwarding of mail sent to the old office address will be discontinued shortly. The Homeowners Office will be closed Wednesday, July 4th for Independence Day.

New Apache Wells Web page:
The Apache Wells web page has been updated. Check out www.apachewells.com.

Many thanks to Bobby Golden for all her work designing it. Hopefully you will pass this web address on to your retiring friends so they can get acquainted with our community. We welcome your suggestions for additional features that could be considered for the page. Send your thoughts and suggestion to media@awhaoffice.phxcoxmail.com.

Desert Peaks Restaurant at Apache Wells:
Desert Peaks at Apache Wells is the new name for the restaurant facility located at the Apache Wells Country Club. On June 1, 2007 Eli and Kenny Chawki leased the restaurant and lounge operations. Eli and his brother Kenny also operate the Desert Peaks Restaurant located in the Fry's Shopping Center (Recker & McKellips). Eli Chawki will be on premises each day and will be coordinating and handling the business at hand. Assisting the management team of Eli and Kenny, will be Georgeanne Parker as the restaurant's general manager.

The Desert Peaks at AW will be open seven days a week, opening at 6:30am. The NEW telephone number for the restaurant and lounge is 480-832-1669. Please make a note of this in your AW telephone book and your personal directories. The menu selections have greatly changed and special menu items (tacos, pizza, pasta, etc.) will be available on selected nights.

All items are available for take out. Be sure and check the appetizers during Happy Hour. We welcome our new lessee; Eli & Kenny and we encourage all Apache Wells residents and their guests to support your restaurant.

Communications:
The e-mail distribution of this newsletter is intended to be a means for Apache Wells Homeowners to communicate with the Homeowners Office and/or the Homeowners Board regarding any questions or comments that you might have. If you have questions you can click "reply" to this message or you can send an e-mail to media@awhaoffice.phxcoxmail.com. The messages are checked each working day of the week.

Last year Ward Fanning read the newsletter as he cruised the Pacific and Ed and Faith Ferguson requested information from Germany. If you find the time, drop a line to let us know how far and wide the newsletter is being read this summer.

Homeowner Association members can view financial and other association documents and contracts due to Arizona Revised Statute Title 33, Paragraph 1805, Sections A and B. Most documents are public to association members. You may be required to submit your request in writing. The association has ten business days to fulfill your request for examination.

Collection of the special assessment is no longer on hold! Apache Wells homeowners received a letter to that effect today from AWHOA Board President Marvin A. Stoll. Claiming victory in the February 21, 2007 special election, homeowners are expected to complete the form that accompanied the letter and return it to the AWHOA office by September 4, 2007. The form outlines the 4 payment options that are available.

Our SAW attorneys are aware of the mailing and legal actions are currently underway to counter this latest move. DO NOT SIGN ANYTHING!.....DO NOT PAY ANYTHING!

In the days ahead check our website frequently as we will be posting all updates we receive from our attorneys. PLEASE get this information and any future updates out to those homeowners in the community who do not have Internet access and remind them to attend our meetings. Homeowners can also get up-to-date information by calling our SAW committee members. They are listed in the Apache Wells phone book.

The Save Apache Wells Committee held a special meeting on Thursday June 21, 2007 at 7PM in Room A. The room was filled to capacity with opponents and a few vocal proponents of the Community Center Building Project and the associated $6020 special assessment that is currently on hold as the result of a pending lawsuit. The purpose was to update supporters on the status of the following:

___1. $8.5 million Community Center Building Project lawsuit.
The complaint (lawsuit) was filed with Superior Court back in late March and shortly thereafter the collection of the $6020 special assessment was put ON HOLD by the AWHOA. The month of April was pretty quiet except for the Bylaw change election (approved) and the pro-project group Protect Apache Wells (PAW) rally in the Gazebo. Examination of the ballots and receipt and examination of documents from the AWHOA took place in May. Now that we are into June there is a process we now go through which begins with attorneys exchanging disclosure statements. Our statements are due in the next few weeks. The next phase is called discovery and we have already begun that with the taking of depositions. We would normally go through this process until a trial date is set, but in this case, in the event that the AWHOA begins collection of the $6020 special assessment, we will likely submit a motion requesting an injunction, which would speed up the case significantly. For now we are moving rather quickly with discovery and hopefully we can continue to do so. Collection of the special assessment is still on hold although the Board's attorneys have indicated to our attorneys that the Board plans to go forward with collection of the $6020. No date has been given. We can only anticipate this move and have a legal motion ready to counter their action. DO NOT PAY ANYTHING! Litigation is still a distinct and expensive possibility down the road as the project proponents refuse to consider any discussion of a compromise.
___2. Motion for Partial Summary Judgement.
A motion requesting oral arguments in Superior Court has been drafted and filed with Superior Court and is intended to take the issue of the February 21, 2007 election from our original complaint (lawsuit) and present evidence to the court that the election was not valid because proponents did not receive enough votes to claim the approval of a majority of the 1412 homeowners a.k.a. residential unit owners. AWHOA's response is due next week. We then get another few days to reply. Then the Court will likely schedule oral arguments and then make a decision. This could take a while, hopefully not more that 60 days.
___3. Appeal by AWHOA Board of Directors of OAH Judge's order to roll back transfer fee from $950 to $300.
After the Administrative Judge issued his order on the transfer fee on 2/16/07 and later received approval of the order from the OAH, the AWHOA filed an appeal with Superior Court to overturn the lower court's order. A request for a stay of the OAH order was later denied. The Board's attorneys have now filed a second application for a stay. We will oppose their request and hopefully the Court will again deny them the stay. Our oral argument in the appeal is scheduled for 9/5/07.

___4. Motion for order to show cause as to why the Association should not be held in contempt for failing to comply with court orders. (The $950 transfer fee is still being collected by AWHOA with $650 being put in escrow by title companies despite Superior Court denial of stay.)
This motion was filed on June 5, 2007. We have their response. Our reply is due 6/26/07. The Board's attorneys claim that contempt of court charge should be denied because (1) no person who paid the $950 transfer fee has come forward to support the motion, (2) the Administrative Judge's findings of facts and conclusions of law justify the collection of the $950 transfer fee and that the funds are used for operating expenses, security costs, building repairs and the need for a reserve fund, (3) the association suffers financial hardship without the $950 transfer fee, (4) the Superior Court did not order the Association to stop charging a $950 transfer fee and (5) The (new) application to stay sets forth good cause to stay the decision pending appeal.

___5. Depositions given, scheduled and to be scheduled.
SAW: Walt Stromme, Dee Miller, Lois Stevenson and Bob Teague are done, Judi Teague and Jennial Martin to be scheduled. AWHOA: Ernie Shoults and Brian Johnson are done. Bing Miller has been scheduled (7/13). Marv Stoll, Tom Finger and Jim Bonnell to be scheduled.
___6. Recent legislative defeats of SB 1330 and SB 1340. (Pat Haruff CHORE)
Pat Haruff of CHORE offered comments, insights and legislative plans for 2008. She also provided information on how living in an HOA is very different from living on the "outside". Additional information on the two bills that did not make it into law is available on earlier postings below. You can also visit Pat's CHORE website by clicking on a link at the bottom of this page. We want to thank Pat for speaking again at one of our meetings and for all she does as a homeowners advocate.
___7. Legal Fund in urgent need of donations. Please contribute what you can. Contact SAW Treasurer Dee Miller.
Dee Miller gave a report on expenses incurred by SAW and spoke at length on the need for donations large or small from supporters. On advice of our legal counsel we will not reveal the current balance in our legal fund since they feel this battle could come down to who can spend the most money. We will say that the generosity of our many supporters will keep us in the fight for the long term and we are optimistic that we will prevail. The anonymity of all donations is strictly protected.
___8. OPEN FORUM - questions and concerns.

We ask that those of you who have Internet access and visit our website to pass this information on to your friends and neighbors who are not online.

Most of you were aware that SB 1340 failed to pass on Monday in the Senate (again the unfriendly people to the little guy).

What you weren't aware of is that there was a plan for a Senator (who voted NO) to make a Motion to Reconsider on the Senate floor TODAY. This Senator GAVE HIS WORD to Representative Eddie Farnsworth and Senator Chuck Gray that he would make the motion. Representative Farnsworth had the YES votes for the reconsider vote...we would have had our legislation.

I along with some other advocates waited all day from 10am for the action. At 4:45pm a few came back to the floor, did some business and then...I waited holding my breath for the motion. But NO the Senator is not an honorable man and NO MOTION WAS MADE.

So sorry everyone, we all fought the very difficult fight...we all gave it our best and to those who did I can only say THANK YOU! I am very proud of all of you who hung in there...it has been a long 6 month session and I am sorry we didn't get this most important legislation. I can tell you that those legislators who voted NO definitely do not understand what it is really about and I have the proof from their e-mails answering me. UNBELIEVEABLE! I will also say that CAI should be very proud of their bad behavior and lies because I have never seen anything like it. BUT WE WILL BE BACK!!! AND WE WILL COME BACK EVEN STRONGER!!!!

The following is the text of an e-mail sent to homeowner advocate Pat Haruff of CHORE:

Pat, not only should the "red" no votes be ashamed, but also the "not voting". What would be nice to find out is "why" these legislators voted against the bill? Not from our lips, but from their's. Why are legislators across this country so afraid to vote for bills that would help homeowners? Why are they so reluctant to do so? Are homeowners and advocates not getting the message across to our legislators that we need homeowner association oversight? Sorry, Pat, this bill failed. What is Arizona's next move?

Pat's response: "Harvella, We're on it! And we are not down or finished yet." Pat

Editor's Note: Pat has ask our SAW group to join her and other Arizona HOA members in sending e-mails to those Senators who voted NO or DID NOT VOTE and DEMAND that they explain their decision.

We have received an urgent CALL TO ACTION from homeowner advocate Pat Haruff of CHORE asking us to rally our Save Apache Wells homeowners to send e-mails to members of the Arizona Senate in support of SB 1340. The Senate will have a Final Read and vote on Monday June 11th. If the bill passes the Senate it would then go to the Governor for her consideration. Pat believes that she would support this bill if it passes the Senate.

SB 1340 would require that if a property is foreclosed for liens and encumbrances, the foreclosure price must be equal to or higher than the fair market value of the property. This would protect a homeowner from having their property sold for the amount of the liens and encumbrances, leaving them with nothing.

Pat has told us that several members of the Senate have contacted her and said that they had received a number of e-mails from Apache Wells residents urging them to VOTE NO on SB 1340.

We need to counter these VOTE NO e-mails with a barrage of our own VOTE YES e-mails. Please compose a brief message in support of SB 1340 and send it to the Senators listed in the link below. We lost SB 1330, but we have a good chance with SB 1340 if we are willing to make the effort. Send your
e-mails ASAP!

"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has." --Margaret Mead

Citizen groups from around the country are being asked to sign an online petition to make gasoline price gouging a crime. Join CHORE and SAW in sending a STRONG message to our federal government. Gasoline prices are predicted to be even higher than last summer, even though Big Oil just announced record profits.

The House passed a bill right before Memorial Day, but it was weakened at the last minute by the oil companies to make it hard to enforce. Enough is enough! The Senate is voting on a bill in a couple of weeks to make gasoline price gouging a federal crime, and we need them to make it a STRONG one! You can help!

A compiled petition with your individual comments will be presented to your Senators and Representatives.

Q: I heard that there was a law that passed that affects smoking in my homeowners' association. Is that true?

A: Yes, the Smoke Free Arizona Act was passed by the people of Arizona. This law went into effect on May 1, 2007. It prohibits smoking in all public places and places of employment within the state of Arizona, as well as smoking within 20 feet of the entrances to such places. "Public place" includes the "common areas of apartment buildings, condominiums or other multifamily housing facilities." Therefore, this statute applies to planned communities and condominium associations.

What does this mean for the community association? Smoking is now prohibited in all association clubhouses, meeting rooms, fitness centers, and other enclosed common areas. There is an exception for outdoor patios so long as smoke is not permitted to enter areas where smoking is otherwise prohibited.

Smoking is still allowed in any outdoor swimming pool areas. However, smoking is prohibited in any enclosed areas that might be next to the swimming pool. Note: Check with your HOA for any other restricted areas.

If your association has an enclosed area, all indoor ashtrays must be removed, and, furthermore, must be moved at least 20 feet from all doors, windows and ventilation system intakes. Specific "no smoking" signs must be posted at all entrances that are visible from the outside of the building. Free signs can be obtained at www.smokefreearizona.org.

Publication: East Valley Tribune; Date:2007 Jun 02; Section:Real Estate; Page Number: A1; by Lynn Krupnik, an attorney with the law firm of Ekmark & Ekmark, L.L.C.

Attorneys representing the Save Apache Wells Committee and its supporters (Plaintiffs) and the attorneys representing the AWHOA Inc. and the AWCC, Inc. (Defendants) have scheduled *depositions for the following individuals:

SAW Depositions Location: Jones, Skelton & Hochuli, P.L.C. 2901 North Central Avenue Suite 800 Phoenix, AZ 85012
Walt Stromme Judi Teague Dee Miller Lois Stevenson Bob Teague Jennial Martin	Monday TBA Monday Monday Tuesday Thursday	6/11/07 TBA 6/11/07 6/11/07 6/12/07 6/28/07	09:00AM TBA 11:00AM 01:00PM 09:00AM 09:00AM

AWHOA/AWCC Depositions Location: Cheifetz, Iannitelli & Marcolini, P.C. 1850 North Central Avenue Viad Tower, 19th Floor Phoenix, AZ 85004
Brian Johnson Marv Stoll Bing Miller Tom Finger Jim Bonnell Ernie Shoults	Wednesday TBA Friday TBA TBA Tuesday	6/20/07 TBA 7/13/07 TBA TBA 6/12/07	09:00AM TBA 09:00AM TBA TBA 01:30PM

Currently, the attorneys for both sides are attempting to schedule dates for the depositions, a task made all the more difficult by the fact that some of the individuals selected are out of state for the summer or have vacations and other commitments scheduled during June. A request for telephonic depositions has been rejected by our counsel as they wish to depose the defendants face to face.

In law, a deposition is evidence given under oath and recorded for use in court at a later date. In many countries depositions are given in courtrooms, but in the United States they are given outside a courtroom in certain well-defined circumstances. In the U.S. it is a part of the discovery process in which litigants obtain information from each other in preparation for trial. Some jurisdictions recognize an affidavit as a form of deposition.

The chief value of a deposition, as with any discovery proceeding, is to give all litigant parties in a contested case a fair preview of the evidence so that a "level playing field" is achieved and surprise (traditionally regarded as an unfair tactic) is avoided at time of trial. Another benefit of deposition is to preserve a witness's recollection while it is still fresh, though the trial may still be some time later. In the event a witness is unavailable for trial, his deposition testimony may be read before the jury and made part of the record in the case, with the same legal force as live testimony. In some states, depositions can be offered into evidence even if the witness is available. In any case, one party can use a deposition to impeach (or contradict) the witness's testimony in open court.

Sometimes, after a number of witnesses have been deposed, the parties will have enough information that they can reasonably predict the outcome of a prospective trial, and may decide to arrive at a compromise settlement, thus avoiding trial and preventing additional costs of litigation.

The Apache Wells Community website has recently been updated from the old single page site to a more attractive and interactive site with plenty of photos and information. It features a Welcome page and message to visitors that states "Apache Wells offers independent carefree living with beautiful views and a friendly neighborhood."

Also featured on the site are a list of clubs and activities that are available to residents and a community slide show. The Country Club page offers club information and a link to the AWCC website. A Photos page offers a slideshow of flowering plants and cacti and one of our famous Arizona sunsets. The History page briefly describes the origin of the Apache Wells Community and points out nearby attractions.

The For Sale sign bill has been signed by the Governor and will become law 90 days after the current session adjourns. SB1254: Solar Panels passed the Senate Final Read and has been sent back to the House for Final Read; if it gets the votes in the House, it will go up to the Governor...we are sure it will get the votes and we know that the Governor will sign it also. It would be political suicide for any legislator to vote against Solar.

As to SB1330, it has not been decided how to handle that...BUT we have SB1340 coming up (probably next week) for a Final Read and vote on the Senate floor...I will be asking for emails to the Senators. If we get it passed then it goes to the Governor who I feel sure will sign it. So you know, SB1340 is actually a better law for us homeowners than SB1330. SB 1340 would require that if a property is foreclosed for liens and encumbrances, the foreclosure price must be equal to or higher than the fair market value of the property. This would protect a homewowner from having their property sold for the amount of the liens and encumbrances, leaving them with nothing.

So be ready when I send out the CALL TO ACTION!...we need the world to send emails.

On May 16, 2007 Governor Janet Napolitano vetoed SB 1330 on the grounds that it violated the single subject rule and was therefore unconstitutional (see complete veto letter below). She did, however, ask that the legislature resubmit the parts of the bill in a form that she could consider signing. Hopefully this important legislation for homeowners living in planned communities (HOA's) will eventually become state law.

In the East Valley Tribune's Editorial page today, two excellent letters were published discussing the truths and the myths of SB 1330. Susan Norris of Gilbert and Rauni Armbruster of Phoenix both have written on the reasons that the Homestead Exemption component of SB 1330 should be passed and return the rights that other Arizona residents enjoy that were taken away from HOA residents in 1996. We thank them for putting this information out to the public and dispelling the myth that this legislation is a disease.

If you or someone you know did not receive an absentee ballot and voting instructions letter from the AWHOA for the February 21, 2007 special election on the $8.5 million Community Center Building Project we want to hear from you. Please send an e-mail to the address at the end of this request with complete information so that we may contact you to discuss your situation in detail. Your comments will be held in strict confidence and we will share them only with our attorneys. Should the information you provide be of use to our case, the attorneys will contact you.

We are also interested in any homeowners who were out of state or out of country and were unable to return their ballots by the February 16, 2007 2PM deadline.

We would also like to hear from any homeowner who, for whatever reason, did not vote, could not vote or would not vote because of the voting procedure that was in place for the special election.

Your input is a very important part of our effort to prove that the special election of February 21, 2007 was flawed, unfair and therefore invalid.

SAW meeting monthly, Needs funds to continue litigation
By Vanessa White, Independent Newspapers

The Save Apache Wells committee, co-chaired by Apache Wells residents Walt Stromme and Judi Teague, announced May 16 they will hold regular monthly meetings. The committee also announced since its founding Dec. 2, 2006, the Save Apache Wells Web site, www.saveapachewells.com, has received more than 10,000 visitors.

"We feel as a committee that this is an important way of getting information out," said Bob Teague, who runs the group's Web site.

Dee Miller, Walt Stromme, Judi Teague, Karren Olsen and AW homeowners await the call to order

To: Save Apache Wells Committee and Supporters
From: Steve Cheifetz, Attorney
Date: 5-16-07
Ref: Current Status on Legal Issues

We have been awaiting a response from the Association's attorneys regarding whether they still wish to meet and explore a compromise. The association's attorney Eric Jackson upon receipt of the lawsuit had indicated that they were willing to share information with us and then meet with us to see if we could reach some sort of informal resolution that would allow us to resolve these issues without contentious litigation. Thereafter we received a letter from the association's new attorneys, which seemed to ignore their previous suggestion. I then sent a follow up letter expressing concern over their change in direction and once again suggesting that we should meet. I have not received a written response to that letter. However, in phone calls the association attorney has acknowledged that his clients have no interest in compromising and that if they met they would simply answer our questions and listen to what we had to say, but that they would not change their position one iota.

Since this litigation is like a civil war, pitting neighbor against neighbor, we believe we should make a sincere effort to avoid a contentious dispute and explore some sort of compromise settlement if at all possible. We have let the association know that we are not opposed to sharing facilities with the country club if such can be done in a fair and reasonable manner. Unfortunately, the current board's insistence on doing things their way without considering the input of others and without any willingness to compromise continues unabated. Despite the suggestion of the board's attorneys that they explore some sort of compromise, the current board has made it very clear to their attorneys that they will do what they want, when they want and we can go to you know where.

As such, it is abundantly clear that these issues will not be resolved without some input from a judge or jury. In that regard, we have prepared and shall soon file a motion for summary judgment seeking a determination from the court that the association's failure to obtain a majority of all homeowners in support of the special assessment means it did not pass and that it cannot be implemented. We believe the association's suggestion that they only need a majority of those that voted and not a majority of all owners, is directly contrary to the language in the bylaws wherein they say that they need a majority of those "present and voting" when they only need a majority of those that voted. We have also almost completed a motion for issuance of a temporary restraining order that would stop the association from collecting assessments, which we will file with the court if and when the association asserts that they do intend to attempt to collect the special assessment. As part of that effort we shall seek an order from the court precluding the association from making any negative reports upon any homeowners credit if they refuse to pay the unlawful assessment implemented by the board.

We shall also be filing a motion to hold the association in contempt of court due to their refusal to honor both the orders of the office of administrative hearings which ruled they could not collect the transfer fee that the court determined to be unlawful and the order of the Maricopa County Superior Court that refused to stay the effect of the order of the office of administrative hearings which said they must stop collecting the transfer fee. We are shocked that the association deems it appropriate to ignore orders from both of these courts and we will ask that significant sanctions be imposed against the association to compel their compliance with these court orders and we will seek an award of attorneys fees for our troubles.

In any event, we are likely on the verge of a significant battle that will not be resolved anytime soon. We remain quite confident that our cause is just and supported by Arizona Law. While nothing can be guaranteed in this business, we do expect that we will eventually prevail. Whether before the legislature or the courts, homeowners associations powers are being significantly curtailed because unfortunately this type of abuse has become rampant in Arizona and throughout the country. We fully expect that the arrogant abuses of your homeowners association shall be curtailed as well. However, it will not be because this board of directors wakes up one day, recognizes the error of their ways, and seeks forgiveness for their sins. It will be because a group of concerned citizens decided not to take it any more, and rather decided to work together diligently, persistently and intelligently to stop the association from treating them like second class citizens and trampling upon their rights.

This battle will be fought in a court of law. Justice in our country is not free and to the contrary is quite expensive. While we intend to seek reimbursement of every penny spent on attorney's fees from the association and their insurance carrier, in the meantime the legal expense in fighting this battle will be significant. The association hopes to use their significant financial advantage to crush our opposition. However, if we work together, maintain our focus, and are doggedly persistent, we are confident that we can in fact Save Apache Wells.

The Senate bill that would restrict HOA's ability to foreclose on homes is on the desk of Governor Janet Napolitano. If she signs it or allows it to become law without her signature, homeowners living in Arizona's planned communities with hoa's would have up to $150,000 of their home equity protected from foreclosure.

Homeowner advocate Pat Haruff was interviewed Monday by Channel 12's Rick DeBruhl. You can watch the video by clicking on the link below. The link to the video is in the menu at the right side of the Channel 12 page.

If you would like to send a message to the governor in support of SB 1330, you can send her an e-mail at azgov@az.gov or you can call and leave a message of support at 602-542-4331.

The SAW Committee has called a special meeting for Wednesday May 16, 2007 at 7PM in Room A.

The purpose is to update supporters on the following:
___1. Status of $8.5 million Community Center Building Project and Special Assessment
___2. AWHOA Board's appeal and stay denial of the OAH Judge's order on the $950 transfer fee
___3. Senate passage of SB 1330 Homestead Exemption Protection
___4. Summary Report on documents received from the AWHOA, Inc.
___5. Examination of ballots meeting
___6. SAW website's new registered domain name
___7. Need for donations to our legal fund
___8. Other issues and concerns

We will also have an update from our attorneys on the progress of their dealings with the two law firms representing the AWHOA Board of Directors. Jackson-White is handling their appeal of the OAH ruling on the $950 transfer fee and Jones, Skelton & Hochuli are representing them in their defense of our lawsuit on the $8.5 million Community Center Building Project and the $6020 per homeowner special assessment. Gibson, Ferrin & Riggs are representing AWCC, Inc.

We ask that those of you who have Internet access and visit our website to pass this information on to your friends and neighbors who are not online. Our telephone network will also be contacting supporters as well.

The Arizona State Senate has passed SB 1330, the Homestead Exemption Protection Bill, and has sent it on to Governor Janet Napolitano for her signature. She has 5 days to either sign it into law, veto it or let it become law without her signature. Homestead Exemption protects up to $150,000 of a homeowner's equity in their home from foreclosure. This protection was taken away from HOA residents in 1996. If the bill becomes law it will mean that this protection will apply to all Arizona homeowners.

If you would like to send a message to the governor in support of SB 1330, you can send her an e-mail at azgov@az.gov or you can call and leave a message of support at 602-542-4331.

Pat Haruff of CHORE credits the outpouring of e-mails and phone calls to legislators for the bill making it through the House and Senate despite strong opposition from HOA lobbyists.

Despite being denied a stay by the Maricopa County Superior Court the AWHOA Board of Directors has indicated that they are still going to collect the higher $950 transfer fee and place the amounts higher than the OAH ordered $300 transfer fee in a separate account. In effect, they are ignoring the Superior Court's ruling on their requested stay issued on May 2, 2007.

In a letter to our attorney, the Board's attorney Eric Jackson states, "In reference to the transfer fee, please be advised that the Association has continued to collect the transfer fee, and has placed the difference between the sum collected and the former transfer fee of $300.00 into a separate bank account. In the interim, The Board of Directors has voted to reaffirm the increase in the transfer fee, stating its basis therefore, which seems to have been the primary objection of the Administrative Law Judge. We will point that out to the Court in our brief once a briefing schedule has been established. If, ultimately, the Association does not prevail on that issue in Superior Court, it will refund the transfer fees withheld."

We are currently considering filing a motion with the court to hold the AWHOA in contempt of court for ignoring the court's previous order striking down the transfer fee.

We received an e-mail today from homeowner advocate Pat Haruff of CHORE who testified before a legislative committee on April 30th where she spoke in favor of passage of SB 1330. This bill, if it becomes law, would restore homestead exemption protection to members of an HOA that was taken away in 1996 by the legislature. No date has been set at this time for a vote by the full legislature.

The Homestead Exemption Protection Act (ARS 33-1101), which currently does not apply to homeowners in an HOA, provides the following: Any person the age of eighteen or over, married or single, who resides within the state may hold as a homestead exempt from attachment, execution and forced sale, not exceeding one hundred fifty thousand dollars in value.

You can listen in on the testimony given on April 30, 2007 by clicking on the link below. You can listen to specific parts of the legislative committee meeting by moving the small blue capsule-shaped "slider" forward and back. George Staropoli, known as The HOA Warrior, also gives testimony in favor of passage of SB 1330.

LEGAL UPDATE:
Currently things are pretty quiet on the $8.5 million Community Center Project legal front. We are awaiting the next move by the Board of Directors attorneys who have indicated they plan to go forward with the special assessment and litigation of our lawsuit.

Our committee has received the $550 filing fee ordered by the OAH administrative judge from the AWHOA as a result of the denial of their stay request on their upcoming appeal hearing on the $950 transfer fee in Superior Court. We assume that they have ceased collecting the extra $650 on and are in the process of refunding that amount to homebuyers who have purchased property since February 14, 2007. The check for the filing fee will be returned to our legal fund account.

SPEAK OUT FORUM:
Each week the East Mesa Independent Newspaper publishes a public issues forum that allows local citizens to express their opinions, complaints and observations on issues that concern them. Many of the contributors are residents of local HOA's. Here are just a few of the items that have appeared in recent issues. None of them, I might add, are from residents of Apache Wells, but they may sound familiar.

___The Board of Directors has agreed to pay an architect $47,000 to design a building that we cannot afford to build. There is a plan to begin construction in the fall whether we have the money to pay for the project or not.
___We attended a homeowners meeting held in April. We were appalled at the rudeness of some members of the assembly when others expressed opinions different from theirs. In a functioning democracy, a free exchange of ideas should be respected and encouraged. The Board should have never allowed this to happen at the meeting. We deserve better representation than this.
___Why should we donate to the building fund. I'd much rather my children and grandchildren squander my hard-earned money instead of the powers-that-be.
___I am a hurting old grandma who just found out we have lost our ordinary rights like voting. Our board members are run by a clique. They control the voting by giving members a list of people to vote for and omitting the names of the people they don't want on the board.
___We have considered a newsletter, but the postage on so many mailings is prohibitive. This has never been a fair fight in any regard. The community newspaper will not allow their members who disagree with the issue to have their opinions published. Our dues pay for the publication, and we cannot even answer the editorial comments by the President and others who are invited to write in.

The AWHOA and its Board of Directors have been denied a stay request in their appeal of the OAH Administrative Judge's order on the $950 transfer fee. Our attorneys have written a letter demanding that the AWHOA refund any amounts collected after the Judge's order on February 14, 2007 in excess of $300 to home buyers, that they immediately stop collecting the additional $650, and that they pay our committee the $550 filing fee awarded by the OAH.

Had the Superior Court granted a stay of the OAH decision, the AWHOA would have been able to continue collecting the $950 transfer fee on property up until the appeal was heard in Superior Court. The reason for the denial by the Superior Court was the fact that the AWHOA could not show good cause for the stay or address the required issues needed for approval.

Members of the Save Apache Wells Committee met this morning with their attorneys Steve Cheifetz, Stewart Gross and Melanie McKiddle in Phoenix. The purpose of the meeting was to review documents received from the AWHOA, discuss recent communications with the attorneys for the AWHOA and discuss legal contingency plans for anticipated AWHOA actions that lay ahead.

___The AWHOA's change in law firms from Jackson, White, Gardner, Weech & Walker, P.C. to Jones, Skelton & Hochuli, P.L.C. The change was triggered by ARTICLE VII - INDEMNIFICATION in our Bylaws which insures members of the Board of Directors against all expenses and liabilities, including attorney's fees, reasonably incurred or imposed in connection with any proceeding to which he or she may be a party because of their position. The complete text of ARTICLE VII is on page 16 of the 2007 Apache Wells phonebook.

___Both our attorneys and our committee members expressed concern that Jackson-White's call for a meeting of the opposing parties after the receipt of requested documents has been replaced with Jones-Skelton's more aggressive unilateral approach of pursuing a vigorous defense of the building project and related special assessment. Quoting the Board's lead attorney Gary Linder, "It is the intention of the Board of Directors to move forward with the special assessment in the very near future", and "I would like to move forward with the litigation your clients have initiated".

___In the event that the Board and it's attorneys go ahead with implementing the special assessment, our attorneys have prepared the necessary motions to file with the court in order to block their action.

___Discussed at length was the AWHOA's "no compromise" attitude throughout the past year. We have made known on numerous occasions our willingness to open a dialogue with the project proponents. We don't want to fund a pro shop for the AWCC nor do we want to own and operate a bar and restaurant that is unlikely to support itself. We would, however, consider a discussion regarding a meeting hall and perhaps an updated fitness center. We have no quarrel with the homeowners who are members of AWCC, but resent the actions of their leadership and the AWHOA Board to burden all of the homeowners with paying for amenities that mostly benefit the AWCC.

___Of major concern to our attorneys and to our committee is the fact that the Board of Directors may force us into situation where money will become the determining factor in who wins and who loses in a legal showdown. The Board will fight us with our own money and insurance money that we provide through premiums. We, on the other hand, must rely on our many supporters who oppose what is being done to Apache Wells for funding. Apache Wells has always been a place where volunteerism has been a big part of the community spirit. Your Save Apache Wells Committee has volunteered many hundreds of hours to provide a voice for those who believe that they have been taken advantage of and ignored by their homeowners association.

___WE NEED YOUR HELP! Please donate as much as you can and as often as you can. ALL DONATIONS ARE STRICTLY CONFIDENTIAL. You can mail your donation to Dee Miller, 5827 E. Lawndale St., Mesa AZ 85215. Thank you for your support!

On April 30, 2007 our attorney Steve Cheifetz sent a letter to the AWHOA's attorney Gary Linder discussing some of the issues listed above. To view this letter in it's entirety, click on the link below. We welcome your comments and they can be e-mailed to the address at the bottom of this page.

Lawmakers should fix homestead exemption flaw!
by Le Templar, East Valley Tribune
Section: Perspective; Page Number: A1

Homeowner associations are considered private, voluntary organizations because no one forces us to buy a particular house. So homeowners should only blame themselves if they don't like what an HOA does. On the other hand, HOAs can seize your home if you don't pay your monthly dues, an awesome power that can't be invoked by almost any other business.

Now, lawmakers are poised to undo the 10-year-old change that granted HOAs this power and shift the balance back to individual residents.

At one time, HOAs didn't generate much controversy in Arizona in part because if they went wild with a litany of rules and nitpicky violations, HOA members would refuse to pay fines or dues. The only recourse an HOA had was to file a lien against the house and wait for a sale to collect, which could be years or decades later.

HOAs were naturally reined in by Arizona's homestead exemption, which says no one can foreclose on someone's primary residence for debts of less than $150,000. Traditionally, the only exceptions to homestead protection were for unpaid taxes and mortgages. Anyone can voluntarily waive their homestead rights in a contract, but relatively few people were willing to do so.

Then in 1996, the Legislature made a change to state law that some people thought merely reinforced the notion that homeowners had a right to waive their homestead protection when joining HOAs.

In reality, HOAs were added to the short list of groups that could legally ignore the homestead exemption, without the homeowner's permission, and seize homes even for debts of a couple of thousand dollars. In just a few years, fights between a growing number of homeowners and their HOA boards turned rather ugly because, ultimately, that person's most prized (and usually most valuable) possession was at stake.

Pat Haruff, founder of the Coalition of HomeOwners for Rights and Education, is convinced lawmakers didn't understand for a long time how a seemingly innocent change in state law has resulted in so much animosity between HOA critics and supporters. "But it's time to fix it," Haruff said.

After several years of failed attempts, Senate Bill 1330 would restore the homestead exemption and is close to legislative approval. It's not clear how many homeowners would benefit, as a number of HOAs likely would resort to requiring written waivers. But in theory, house buyers would have the same protection against HOAs they now enjoy from credit card companies, doctors and lawyers.

Le Templar is senior opinion writer for the Tribune. He can be reached at (480) 898-6474 or ltemplar@evtrib.com.

Editor's Note: Apache Wells is in District 19. If you would like to send an e-mail to your state legislators, click on the link below for a complete list. Click on their e-mail address and you can send them a message urging them to support SB 1330 which would restore your homestead exemption protection which was taken away in 1996. A public hearing is scheduled for Monday April 30th, so you need to act quickly.

Attorneys Steven Cheifetz, Stewart Gross and Melanie McKeddie have been working diligently on our lawsuit against AWHOA Inc. and AWCC Inc. An amended version of the original complaint has been filed in Superior Court and is available below.

Latest Available Information:
__1. Our attorneys are currently awaiting requested AWHOA documents. They hope to have them by the end of this week.
__2. The HOLD on payment of the $6020 special assessment remains in effect. Should this change, our attorneys are prepared to deal with it.
__3. Our SAW Committee will be meeting next week with our attorneys to review AWHOA documents, discuss the current status of our lawsuit and plan for any other legal issues that may arise.
__4. Our attorneys have filed a response to the AWHOA Board's appeal in Superior Court on the $950 transfer fee. We are asking the court to uphold the decision of the Administrative Judge to roll the fee back to $300 and return the $550 filing fee to SAW. We are also seeking attorney fees and costs incurred by the Board's appeal.
__5. Once again we ask our supporters to remain patient and to support our efforts through donations to our legal fund. Our attorneys are making every effort to settle our dispute with the AWHOA and AWCC without litigation.

As we have said before "When we know, you will know!" We hope all is well with our many friends and neighbors both here in Apache Wells and away for the summer. Check our website for the latest updates.

Apache Wells Factions Multiply; Group states goals, lacks firm solutions
By Vanessa White, Independent Newspapers

Apache Wells resident Jim Brockman was the only citizen to offer a resolution at the Protect Apache Wells meeting April 18 in the community's Apache Hall.

"If our board of directors and the leaders of the other group sit down at a roundtable, a lot more will get accomplished than is being accomplished now," said Mr. Brockman, a 10-year AW resident. "We've stated some lofty goals here today, but I don't see us working toward those goals. We need to open up some lines of communication at Apache Wells."

Thanks to a generous supporter, the Save Apache Wells Committe now has a new registered domain name, also called a website address or URL (Uniform Resource Locator). Click on the link below and try it out!

The website HAS NOT been moved and is still located at the old address on the angelfire server. In fact, if you have the original angelfire address bookmarked, it will still take you to the website. Try it!

The benefit of the new registered domain name is that it will make it easier for you to pass on the address of our website and our name will not be available to others. The addition of the new address was made recently and it generally takes a day or two for it spread throughout the Internet, so if it doesn't work for you, use the old address and the new one should be available to you shortly. It is working fine on my computer here in Apache Wells.

The following have been selected by the AWHOA Board of Directors to serve as members of the 2007 Summer Executive Committee with the authority to sign AWHOA checks.

Bing Miller
Bob Resset
Linda Wood
*Jack Gordon
*Steve Daughton
*not elected members of the AWHOA Board of Directors

Planning & Development Committees:
Core Committee - Bing Miller, Julie Couture, Bob Kiely and Brian Johnson
Direct Access with Architect and Contractor - Bernie Connors and Steve Daughton
Design - Bob Kiely
Construction - Jim Bonnell
Finance & Payments - Bing Miller
Legal & Permits - Brian Johnson
Public Information & Communication - Marv Larson
Kitchen & Dining - Jim Nosbish
Interior Design - Jackie Fretwell
Temporary Facilities - Ron Woodward (AWCC) and Bob Heaton (Homeowners)

Contruction Committee for Community Center Project:
Bob Kiely - chairman
Jim Bonnell - Board reporting
Ron Woodward - member
Jack Gordon - member

Apache Wells Newsletter
April 16, 2007 Issue 68
Available in front of old AWHOA Office and via E-mail

The following are excerpts from the latest AWHOA Newsletter that would be of interest to homeowners:

BY-LAW ELECTION RESULTS
The election on Thursday, April 12, 2007 to decide if the by-law stated in Article X, Section D (3) should be changed passed. The vote was 635 in favor, 229 against. A 2/3 majority is required to make a by-law change. With 864 votes cast this required 576 votes in favor for passage. With this change the new owner may choose to assume the terms of the payment on the special assessment chosen by the previous owner.

APRIL 10 HOMEOWNER'S GENERAL MEETING
President Marv Stoll made the following announcement regarding the pending lawsuit:
"Some of the residents in Apache Well have filed a lawsuit this past month with a variety of charges. Stopping, for the time being, the collection of the assessment for the construction of new building project. Named in the lawsuit as defendants are the Apache Wells Country Club, the Apache Wells Homeowner Association Inc., members of past and present Homeowner Boards, including their wives and husbands. We have been in constant contact with our attorneys through meetings and telephone calls concerning these allegations and are in the process of supplying documents and pertinent information. Supporting papers are in review and we expect to supply answers to their attorneys some time within the next week. Those of you who have paid your assessment, or a portion thereof, will have your checks returned to you until we have a new date for collection and resumption of the project. Thank you for your patience and understanding; this concludes any comments to be made."

PLANNING AND DEVELOPEMENT
The interviewing of potential contractors continues and is going well. No decisions have been made as yet on which contractors will be asked to bid.

GOLF COURSE NEWS
On April 16, 2007, the Country Club opens the golf course to non-members until October 1st. Please stop in or call the Pro-Shop at 480-830-4725 for a reservation. To begin with there will be shot gun starts at 8:00 AM and T-times in the afternoon. Remember, Apache Wells residents are offered a lower green fee than the public. You must show your Apache Wells name tag and green activity card for identification.

DID YOU KNOW?
There were at least 12 Town Hall/Coffee gatherings at Apache Hall to inform residents of progress made by the Community Long Range Planning Committee in answering the needs expressed by Apache Wells residents in the 2004-2005 ASU (Arizona State University) Study. Also, there were 54 coffee party/question answering meetings held at individual homes. 1357 Homes received invitations to attend these meetings and over 800 people attended them.

The Apache Wells Homeowner's Association does not own Apache Hall. Apache Hall and that entire building, is the property of the Apache Wells Country Club.

In 2006 the legislature passed a law that provided an affordable way for a homeowner to file a complaint against their HOA and have a hearing before an administrative judge to adjudicate the complaint. As of April 1st, the fee for a single count complaint will return to $550 and multiple counts will remain at $2,000. This is the same law that SAW used to file complaints against the AWHOA in January on the bank building purchase and the $950 transfer fee. The Administrative Judge's decision on the transfer fee to roll it back to $300 as well as payment of the $550 filing fee to SAW is currently being appealed by the AWHOA to Superior Court.

For information and forms for filing a complaint with the Office of Administrative Hearings, click on the link below.

The Bulletin Board next to the Gazebo is a great place to post items that you have for sale, homes you wish to rent and announcements you want to share with friends, neighbors and visitors.

In the past, items relating to the differences in opinion between proponents and opponents of community issues have appeared. Some have been civil while others have been quite derogatory. The Independent has the forum at newszap.com, the Republic has its opinions page, the Tribune has The Vent and Apache Wells has the Gazebo Bulletin Board. The big difference between these four platforms of dissent is that the first three will accept both sides of an issue while the last accepts only the postings of those approved by the AWCC and the AWHOA. Should an "unauthorized" posting appear, it is quickly taken down.

Since some of our homeowners do not frequent the bulletin board or have left our community for the summer we have made the latest "authorized" postings available online. We present them unedited and without comment and leave it to our website visitors to evaluate their content. Any e-mail addresses have been removed.

Update: The text of the PAW e-mail posted on the Gazebo bulletin board was distributed throughout the Apache Wells Community in newsletter form this morning.

New York Times Article Includes Apache Wells

Special Assessments: When Your Board Wants More of Your Money
By AMY GUNDERSON
Published: April 11, 2007

In February, when the Apache Wells development in Mesa, Ariz., approved plans for a new $8.5 million community center, many homeowners were not happy with their share of the bill: $6,020 each.

A letter from our attorney to the Board's attorney requesting that the notice of the Bylaw Change Special Election on April 12, 2007 be withdrawn has been rejected. Their attorney argued that the special election does not implement the special assessment that is currently on hold and advised the Board to go forward with the today's election.

In-person voting will be held 9AM-5PM in Room A. Photo ID will be required. A 2/3 YES majority vote of the members is required for the Bylaw change to pass.

The AWHOA Board of Directors sponsored Bylaw Change initiative was approved today. There were 864 ballots cast. The 2/3 majority needed for passage was exceded by 59 votes. The Bylaw change will allow a home buyer to have the option of taking over the monthly special assessment payments of the home seller.

Thursday's homeowners' meeting in Apache Hall turned out to not be another standing room only event. The number of homeowners in attendance was noticeably down and was evidence that the annual spring exodus from Apace Wells was well underway.

The call to order by Board President Marv Stoll at 7PM sharp was followed by the usual opening rituals: introduction of the Board members, reading of the March minutes by Secretary Linda Wood and the always entertaining committee reports. The hot topics included the fact that the pool had to be closed for a day last month due to visitors over-using the suntan lotion and under-using the showers prior to taking their dip, producing a disconcerting murkiness to the normally crystal clear pool water. An incident involving broken glass in the pool was also discussed at length with the topic resurfacing during the open forum when a homeowner questioned whether our Bylaws could force the guilty party to pay for the cleanup. The culprit apparently evaded the video surveillance camera and remains at large. Tom Finger reported that some well-to-do vandals had "soaped" the Apache Wells fountain recently with nearly $200 worth of liquid soap.

The only Old Business featured a replay of the information and procedures for the April 12th Bylaw Change Election. In-person voting 9AM-5PM in Room A and don't forget your photo ID.

Under New Business, President Marv Stool reminded residents that the collection of the $6020 Special Assessment and the start of the Community Center Building Project were currently ON HOLD because of a law suit filed by some homeowners. He indicated that because of the law suit he could not comment on the current status other than to say that the Board was meeting with their attorneys. He announced that homeowners who had paid their Special Assessment before THE HOLD will have their checks returned.

The Open Forum, featuring the usual 3x5 cards, included the following:
___Why are we having and election on a Bylaw change related to special assessments when the Project is ON HOLD? Response: "to get the Bylaw changed to give a home buyer the option to take over payments."
___Why have 2 members of Security resigned? Response: unknown reasons.
___Will AWCC get free use of the new hall once each month? Response: that will be spelled out in an AWCC/AWHOA agreement.
___Can we get a light in the parking lot outside the card room? Response: will look into it.
___Why are there so many changes to our elections? Response: none.
___Why don't we have Maricopa County run our elections for $350? Response: none.

April 2007 Roundup:
Our attorneys have sent a letter to the AWHOA Board of Directors requesting an explanation of their motives in distributing the April 2007 Roundup to homeowners despite the fact that it included articles extolling the start of the $8.5 million Community Center Project and explaining that Surepay was not an option for paying the $6020 special assessment in monthly payments.

Notes from the President also ignored the current hold on the project agreed to on March 23, 2007. Marv Stoll wrote" The vote is in and with an 88% turnout, the *majority has decided that we will build the new Community Center. Committees are being formed to accomplish this historic feat."

*In our law suit against the AWHOA we contend that the vote of February 21, 2007 was not valid and that our Bylaws clearly require a majority of all homeowners, and not a simple majority of those that voted.

AWHOA Law Firm Change:
The Law firm of Jones, Skelton & Hochuli, P.L.C. will now be representing the AWHOA in the dispute with the Save Apache Wells Committee. Their lead attorney J. Gary Linder has been in touch with our lead attorney Steven Cheifetz and they will be meeting soon to discuss the issues surrounding the law suit we filed on March 22, 2007. The firm of Jackson, White, Gardner, Weech & Walker, P.C. will continue as the AWHOA Corporate Counsel.

Bylaw Change Special Election:
Our attorneys have requested that the AWHOA withdraw the Notice of Special Election for April 12, 2007 that was sent to all homeowners along with an absentee ballot and instructions for voting on a Bylaw change. The current Bylaw requires that all special assessments must be paid in full when property changes ownership. The Bylaw change would allow the home buyer to take over the monthly payments of the special assessment. The request for withdrawl is based on the current hold and the fact that the Special Election deals directly with the conditions of payment of the special assessment which is included in the hold.

In the April 6, 2007 Apache Wells Newsletter Issue 67, the Board states "If you are wondering why Apache Wells has been changing our voting procedures be aware that the Arizona Legislature passed a new law last summer regarding HOA elections. STATE LAW SUPERCEDES COMMUNITY ASSOCIATION DOCUMENTS." It would have been prudent for the Board to provide the homeowners a reference for the "new law" they are eluding to in the newsletter. For those who are interest in reading ARS 33-1812, you can do so at www.azleg.gov and selecting State Statutes from the menu. In the Search box, type in 33-1812.

Our website has grown rapidly over the past 4 months from just a few entries in December of 2006 to over 40 pages currently if you were to print them all out. This was due in part to the wealth of information we have shared with our many visitors. In an effort to edit out some of the older postings, we have created a NEW Archives page. We did not want to delete the older postings in the event that a visitor might wish to read through them. Although a relatively short one, our Save Apache Wells Committee and supporters have a unique history and we want to preserve that for the future.

It is safe to say that with more information anticipated in the months ahead, the website will continue to grow. We hope that the addition of the Archives page will make navigating the newer postings as well as the older ones a lot easier.

Legal Showdown: Apache Wells evades assessment, SAW lawsuit halts center
By Vanessa White, Independent Newspapers

Huddled in a gazebo, more than 120 Apache Wells residents braved gusty winds and dropping temperatures to learn more about a lawsuit against their homeowners association.

The Save Apache Wells committee, which congregated outdoors March 27, believes there is strength in numbers and in hiring well-known attorneys to fight for their rights.

Editor's Note: The April 2007 Roundup arrived on your mailbox today. The article APACHE WELLS MOVES FORWARD and the Special and General Assessments reminder are of course outdated due to the law suit filed 12 days ago by our committee. For those of you who attended the SAW meeting on March 27th or who have been visiting our website know that all issues dealing with the Community Center Building Project and payment of the special assessment are ON HOLD until further notice. If you know someone in your neighborhood who does not have Internet access and did not attend the meeting of the 27th, but will receive the Roundup today, please take the time to bring them up to date on the current status. Unfortunately there has been a lot of confusion over the past 5 months, especially among our older homeowners, concerning the building project and related assessment issues. Thank you.

The following is the text of a letter mailed to all Apache Wells Homeowners on March 26, 2007 by the AWHOA Board of Directors after being advised by their attorneys to "stand down" and put the collection of the special assessment for the Community Center Building Project ON HOLD until further notice.

March 26, 2007
To: Apache Wells Homeowners
From: Apache Wells Homeowners Association, Inc.

Questions have been raised concerning the recent Community Center Building Project election.

Until such time as there has been an opportunity to review all issues raised, we have decided to delay implementation of the $6020 special assessment.

DO NOT PAY THE SPECIAL ASSESSMENT at this time, which was scheduled for April 1, 2007. You will be advised when all issues have been resolved, and at that time a new payment date will be announced.

We apologize for the inconvenience and delay and thank you for your patience.

Editor's Note: For those of you who are curious about the "Questions that have been raised", we encourage you to read through the law suit our committee filed with Superior Court and was available below on March 23, 2007.

An Open House was held today from 11AM to 2PM in the new AWHOA Administration Building, formerly the Cancer Fund of America Building and before that a branch office of Wells Fargo Bank. Current and former members of the AW Board of Directors were on hand to serve as tour guides. Coffee and cookies were available for the homeowners who came to check out the building that was acquired last summer and has been undergoing remodeling in recent months by volunteers.

It was the purchase of this building in the summer of 2006 that was the catalyst that led to the formation of the Save Apache Wells Committee. The original group, described by the leadership then as "a very small group of disgruntled homeowners", has grown in numbers that include hundreds of homeowners from across the Apache Wells Community.

The purchase of the building, which was orchestrated by former Board President Brian Johnson, was one of 2 complaints taken before an administrative judge by our committee under HB2824 in January 2007. Due to the language in our current Bylaws, the judge ruled that the Board President had not acted inappropriately in the purchase of the building. The other complaint involved the $950 transfer fee and that was ordered rolled back to $300 as the judge concluded that the fee had been raised arbitrarily, capriciously and unreasonably. A re-hearing resulted in a 2nd judge agreeing with the original decision. The Board is currently appealing the decision to Superior Court. The Board was also ordered to pay Walt Stromme, SAW Chairman, the $550 OAH filing fee. Due to the appeal, enforcement of the decision is on hold.

The Save Apache Wells Committee has limited resources for keeping their many supporters updated on the committee's activities. Our primary resource is the website that you are currently visiting. There are, however, homeowners with Internet access who do not know that the website exists. If you know of these homeowners who support our efforts to take back our community from the special interests, print a sheet of our website address cards and pass one on to them.

Since the ON HOLD announcement was posted on our website, we have seen an increase in visitors to the website of over 200 per day. We know that some of the visitors are curious proponents of the Community Center Project, but as you all know the SAW Committee has been open and up front with our supporters. We have nothing to hide, so WELCOME to ALL Apache Wells homeowners. Come back often for the latest news and updates! If you have an opinion send us an e-mail to the address at the bottom of the page. With your permission we'll publish it on our Opinions & Feedback page.

Homeowner Rights Advocate Pat Haruff from CHORE addresses chilly Apache Wells Homeowners

Tuesday evening it became evident early on as homeowners arrived for a special meeting called by the Save Apache Wells Committee that Room A, with it's 120 person limit, was not going to handle the long line that stretched all the way down past the library. As expected, AWCC had denied the rental of Apache Hall earlier.

Because of the large turnout, the decision was made to move the meeting to the Gazebo which, although cool and drafty, allowed everyone to participate in the meeting. Many of the homeowners had brought lawn chairs while others carried a chair down from Room A.

Once the PA system had been moved and set up in the Gazebo, SAW Chairman Walt Stromme called the meeting to order and introduced the members of the SAW Committee. He opened the meeting by reading an e-mail from SAW attorney Steven Cheifetz which read:

"Stewart Gross and I agreed to attend a meeting of homeowners prior to the filing of the recent lawsuit. Since the lawsuit, the homeowners association has agreed to put the special assessment on hold so as to allow an opportunity for the association to address our concerns. The associations attorney, Eric Jackson, has asked that we refrain from addressing homeowners generally while we seek to resolve our differences informally. Out of respect for Eric Jackson and in an effort to show our appreciation for the associations willingness to put the special assessment on hold, we have agreed not to attend the meeting. We apologize for any inconvenience this may cause"

The agenda for the meeting then proceeded with the following:
___the status of THE HOLD on the $8.5 million project and the $6020 special assessment. Homeowners were told not to sign anything and not to pay anything.
___a request was made for additional donations for the SAW Legal Fund.
___guest speaker Pat Haruff from the Coalition of Homeowner's for Rights and Education (CHORE) discussed legislation aimed at giving homeowners additional rights and protection from HOA Boards. Q & A followed.
___speaker Don DeRosier, AW homeowner and farmer/businessman from Wisconsin, discussed the importance of a Pro Forma when planning a large building project like the one currently on HOLD. Q & A followed.

The Save Apache Wells Committee would like to thank all those homeowners who were at the meeting for their patience and willingness to attend under adverse weather conditions.

Rebuilding of Apache Wells Center On Hold
By Sarah N. Lynch, Tribune
March 27, 2007

Plans to tear down and rebuild the Apache Wells community center are temporarily on hold after residents opposed to the project filed a lawsuit in Superior Court late last week.

The retro-style building on Hermosa Vista Drive at the center of the battle is home to a restaurant, a pro shop, a meeting hall and a detached fitness center.

It is owned and operated by the Apache Wells Country Club, but last month, a narrow majority of homeowners approved plans in a contentious election to transfer the property rights to the Apache Wells Homeowners Association so the building can be torn down and rebuilt.

There will be a SPECIAL MEETING in Room A at 7PM Tuesday evening March 27, 2007 for a Q & A session with SAW attorneys Steve Cheifetz and Stewart Gross. Bring a lawn chair and dress warmly as the overflow will have to sit in the parking lot. As expected AWCC denied us rental of Apache Hall. We have arranged for a PA system so all can hear and participate.

The meeting will provide a chance for homeowners who voted both for and against the $8,500,000 Community Center Building Project to ask questions of the SAW attorneys including the most important one, how should we proceed from here? We hope that by Tuesday everyone has had an opportunity to read the law suit that was filed in Superior Court by the Save Apache Wells Committee and their attorneys. A copy of the law suit is available below. We hope that homeowners with Internet access will print and share a copy with their neighbors who are not online. It clearly outlines our reasons for opposing the project.

There are good days and there are bad days. Today is a very good day for the many opponents of the $8,500,000 Community Center Building Project and related $6020 Special Assessment that was to be due April 2, 2007. THE PROJECT HAS BEEN PUT ON HOLD UNTIL FURTHER NOTICE!

The Save Apache Wells Committee received word this morning from their attorney Steve Cheifetz that the attorneys for the AWHOA Board of Directors had recommended that they "stand down" from pursuing the start of the project and the collection of the special assessment. This action was taken after SAW's attorney had filed a law suit in Superior Court Thursday on behalf of homeowners opposed to the project and had faxed a copy of the law suit to the Board's attorney Eric M. Jackson.

There will be a Special Meeting on Tuesday March 27 at 7PM for a Q & A session with SAW attorneys Steve Cheifetz and Stewart Gross regarding how we will proceed now that the project has been stopped. We have reserved Room A, but hope that in the "spirit of coming together as neighbors" we will be able to rent Apache Hall from AWCC for the meeting. ALL homeowners are welcome to attend this meeting. Hopefully we can establish some middle ground that will lead to reconciliation and a dialogue between the opposing parties. This is not an end, but hopefully a chance for a new beginning!

The Apache Wells Homeowners Office has recently made available the soon to be infamous Deferred Payment Plan Application Form designed for those homeowners who are unable to pay their $6020 special assessment on April 2, 2007 because they do not have the financial resources to do so.

It is the fervent hope of the Save Apache Wells Committee and its many supporters that this form will never be needed and will be destined to gather dust in the NEW AWHOA Administative Building.

The two page financial survey asks the homeowner seeking temporary relief from the special assessment to provide the following:
Page 1-
___Last years' tax return
___Total Gross Income from all sources for last year
___Medical expenses paid last year
___Home costs for last year
If you meet the required criteria you get to move on to Page 2

Page 2-
___Cash or cash equivalent assets such as savings, certificates of deposit, stocks & bonds, annuities, cash value of life insurance and other liquid assets
___Non-cash like assets including all real estate, vehicles, RV's & motor homes, business and other non-cash assets.
You are asked do a little math and if you meet the required criteria and the scrutiny of a "3rd party financial expert" you are approved for the Deferred Payment Plan and will be allowed to settle your $6020 obligation including the added interest when your home is transferred.

YOU MAY VOTE IN ONE OF TWO WAYS:
___1. By Absentee Ballot which must be returned by mail only, not in person, to the AWHOA Office no later than April 11, 2007 at 3:00PM. Note that the NEW address for the HOA office is 2223 N. 56th St. Mesa, AZ 85215. Read the instructions you received with your ballot carefully. Ballots received after 3:00PM April 11 or ballots that have incomplete information will be invalid.
___2. By voting in person at Room A on Thursday April 12, 2007 from 9:00AM until 5:00PM. You are allowed to vote once for each residential unit owned. Residents must provide photo identification in order to vote. Ballots shall be assigned a corresponding number with the registration master list.

Editor's Note: Has the secret ballot become a thing of the past in Apache Wells?

Once again the AWHOA Board of Directors are making up rules in clear violation of our By-Laws.

In the Apache Wells Newsletter March 16, 2007 Issue 66 the Board announced that the By-Law change to allow home buyers to take over the monthly special assessment payments of the home seller would be held at a special meeting on Thursday April 12th in Room A. No times were given. They also announced that absentee ballots would again be mailed to all residents and that those ballots would have to be mailed to the AWHOA Office. No early walk-in voting would be allowed due to the problems with the February 5-16 Community Center Project absentee/early voting. Again, no times were mentioned.

Once again, we remind the Board that absentee voting is not allowed under Robert's Rules of Order, which the Board adheres to according to ARTICLE XII on P. 18 of the By-Laws.

In addition, the By-Laws clearly state in ARTICLE XIII AMENDMENTS Section 1 Amendment Proposals Part D P. 18 that approval of amendments shall require a two-third (2/3) vote of the members present and voting at an annual or special meeting. Voting shall be by ballot, prepared for the meeting by the Secretary.

Homeowners in Apache Wells must adhere to the rules and regulations established by the community through its By-Laws and CC&Rs. It appears that the AWHOA Board of Directors do not and are at liberty to make up the rules when it suits their need. We strongly request a response from the AWHOA Board of Directors on this issue. They may do so by using the e-mail address at the bottom of this page or by letter to our committee.

The vote on the Community Center project was misrepresented because of the lack of commercial construction knowledge. This will only become correct with a complete overhaul including a new vote. There was no point in getting the information gathered before the Country Club's election because we may not even have had to vote if the Country Club would have voted no. No feasibility study could be obtained; no market survey or financial disclosures from the Country Club could have been gotten. A restaurant feasibility study would have failed. There is no way to justify a large restaurant facility that cannot pay for itself. The Apache Wells Homeowners are entitled to have all of the information so they are able to make a more informed decision on how they want to vote. Eight and a half MILLION dollars is a lot of money any way you look at it!

The following are excerpts from the Apache Wells Newsletter Issue 66 for March 16-17, 2007.

BY-LAW CHANGE
At the General Homeowner Meeting on March 13, 2007 President Marv Stoll announced that there would be a vote for a By-Law change on April 12, 2007. The change, if approved by 2/3 of the homeowners, would allow new home buyers to take over the monthly payments from the seller if they wished to do so. The deferred payment plan would not be included in the By-Law change, meaning that the seller would have to pay the $6020 plus interest before the property could be transferred.

NEW VOTING PROCEDURE
The Election Committee has been working to make the Bi-Law Change election as accurate as possible. All residents will receive an absentee ballot with instructions on it's use and it must be mailed to the AWHOA Office. There will be no walk-in voting. In-person voting will take place on April 12, 2007 in Room A. Photo ID will be required to vote in-person. No voting times were announced.

Editor's Note: Dee Miller, long-time Chairman of the Election Committee was not included in the process to change the voting procedure.

AWHOA OFFICE TO CLOSE FOR MOVE
The AWHOA Office will be closed on Friday March 23rd. in order for the old office contents to be moved to the new administrative building between 11AM and 2PM. The office will reopen on Monday March 26th.

ADMINISTRATION BUILDING OPEN HOUSE
There will be an Open House for tours of the building on Saturday March 31st. from 11AM to 2PM. Coffee and cookies will be served. Be sure to tip your hat to the many volunteers who worked on the remodeling. They are justly proud of how things have turned out so far.

ADMINISTRATIVE COURT HEARING
The OAH governing body has approved the court's finding. President Stoll has decided to appeal the finding on the transfer fee rollback from $950 to $300 on advice of legal counsel. The $950 transfer fee is currently being collected by title companies with $650 being put into escrow.

COMMUNITY CENTER CONSTRUCTION
March 2009 is the anticipated completion date for the new building. Construction should start in April 2008 with the current structure being torn down in February 2008.

SPECIAL ASSESSMENT
The deadline for homeowners choosing the deferred payment plan has been extended to June 1, 2007 to allow for the approval process. The form for this option will be available in the AWHOA Office on Monday March 19th. For other plans the deadline is April 2, 2007. Lump sum and 1/2 in 2007 and 1/2 in 2008 is interest free. Monthly payements and deferred payment will include added interest until the assessment is paid in full.

SPECIAL HOMEOWNER GREEN FEES
Due to the positive vote on the Community Center, the AWCC is offering a special reduced rate for homeowners who are currently not country club members. On Saturday and Sunday mornings you can golf for a lower fee than the general public. You must show your AW name tag and your green activities (pool) card. Call 830-4725 for reservations. Keep in mind that the green fees vary a great deal with the time of year.

LIFE IS A JOURNEY
(yes, this was in the newsletter)
Each of us should be measured by our standard of life, not by our standard of living; by our measure of giving, not by our measure of wealth; by our simple goodness, not by our seeming greatness.

Out with the OLD and in with the NEW. These scenes have become a common site around our Apache Wells community. Protest singer Bob Dylan said it best in the 1960's, "The times they are a-changin'!"

Our committee has received several inquiries concerning automatic bank withdrawl for special assessment payments to the AWHOA. The homeowners were under the impression that if they had automatic bank withdrawl for their monthly dues payment that the $50 per month payment on the special assessment could be added without their permission.

We checked with the AWHOA Office Manager and we were told that automatic bank withdrawl (also called Sure Pay) was not an option for the special assessment and that homeowners who chose the $50 per month payment plan would have to do so by mailing or hand-delivering a separate paper check to the office. Those who pay their bills online could use that payment method as well since the bank would send a separate check.

We encourage homeowners to consult their banking institution if they have further concerns on this issue.

Editor's Note: We are hopeful that the legal action that is currently underway will make this question irrelevent.

A standing room only crowd of homeowners filled Apache Hall for their monthly meeting. Following a thank you from Sunshine Acres, the minutes of the February meeting were read and approved and committee reports were given by the Directors. Since there was no old business, Board President Marv Stoll went directly into new business.

___The Board will appeal the Administrative Judge's ruling on the $950 transfer fee on property which was rolled back to $300. "We are not about to give up $60,000 of income!", said Board President Stoll. Currently the $950 fee is being collected by title companies with $650 being placed in escrow. Later in the meeting an e-mail was read in which one of the directors had stated to his colleagues "Hopefully we can contest the decision to roll back the $950 transfer fee. For new owners to pay $950 to continue Apache Wells improvements is not unreasonable and would pay for the bank building in time. I think the judge was throwing the SAW group a crumb because all the other allegations they made were of no substance."

___Plans for the Community Center Project are going ahead with the addition of the Planning & Development Committee and the Construction Committee appointed by the Board.
___Assessments on homeowners will be due April 2, 2007 since the 1st falls on Sunday. There will be a mailing by the Board soon outlining again the 4 payment plans for the $6020; lump sum, 1/2 in 2007 & 1/2 in 2008, $50 monthly and deferred payment until property is transferred. The latter plan requires a financial review by a bank official to determine eligibility. Only the first 2 plans will be interest free. Because of the time required to approve deferments, that option deadline has been extended to June 1, 2007.
___A question was raised concerning what would happen if a homeowner chose not to pay the assessment. The Board President said that the action would be taken to collect the assessment. He also mentioned the importance of having a good credit rating.
___Ballots for the Board sponsored Bi-Law change that will allow home buyers to take over payments on the special assessment will be sent to homeowners shortly. Approval will be by 2/3 majority and the vote is planned for sometime in April.
___A new voting procedure was announced by President Stoll citing the previous elections in January for Directors and the $8.5 million Building Project in February as "a learning experience"! The new procedure will not allow early walkin-in voting and will be limited to mail-in voting and in-person voting at a special meeting. A photo ID will now be required for in-person voting.
___Tentative Timeline for Building Project: 4/07 Apply for City of Mesa Permits, Demolition of AWCC Building 2/08, Start Construction 4/08 and Completion of Building 3/09. During construction temporary facilities will be made available.
___During the open forum, homeowner Arlene Dunn expressed her anger that her e-mail to the SAW website had not been published online. That oversight has been corrected and her e-mail and the response to it are on the Opinions & Feedback page.

Editor's Note: I was pleased to hear that the former Board President has been checking our SAW website, commenting that it was "filled with lies and misinformation". Aside from a little editorial license, this website would not exist if it were not for the material that the AWHOA Board of Directors, AWCC and CLRPC have provided since the summer of 2006.

Things in Apache Wells are pretty quiet at the momement. The battle between the Board of Directors and the Save Apache Wells Committee has taken a recess of sorts, but be assured that things are in the works and the battle will be heating up over the next few weeks as we and our legal team file our law suit to bring a halt to the $8.5 million building project and $6020 special assessment that is due April 1, 2007.

It still amazes our committee how people outside our community react when we tell them about what the AW Board of Directors and AWCC have been trying to do to the homeowners under the guise of "benefitting the entire community". On February 21st, 594 members of the community disagreed with that statement and voted NO! Even Dreamland Villa homeowners, who have major HOA problems of their own, have sent e-mails of sympathy and encouragement. Problems with HOAs forcing their special agendas on homeowners is a problem nationwide. Just do a Google search for problems with HOAs and you get some idea of the scope of the issue.

We ask that our supporters be patient. Our legal team is hard at work and as soon as we know, you will know! We also need your financial support in this fight and appreciate whatever you can afford to give.

Note: Show your support by attending the Homeowners Meeting on Tuesday March 13th at 7PM in Apache Hall

8 Golf Courses Fined on Groundwater Use
Arizona Republic
Valley & State online print edition
Thursday March 8, 2007

The Arizona Department of Water Resources has fined eight Valley golf courses for using more groundwater than state regulations allow.

The fines total nearly $60,000 and some include other penalties. The Orange Tree Golf Resort was fined $16,062 and ordered not to overseed its driving range for three years.

Editor's Note: The AZ Republic article did not mention the amount of the fine levied on AWCC. Hopefully for the club members there will be a surge in home sales in Apache Wells and the $100 they receive from each resulting transfer fee will help them pay off their fine which has been reported to be $16,000.

The controversy surrounding a new $8.5 million community center just became more complicated.

On Feb. 21, 644 Apache Wells homeowners voted in favor of the new community center. Only 174 of the communit's 1,412 homeowners opted out of the vote.

I knew it was going to be close, but I was surprised it was that close, said Jim Nosbish, president of the Apache Wells Country Club. As long as it won by one, I was happy.

Our committee met today in Phoenix with the Law Firm of Cheifetz, Iannitelli and Marcolini to retain their services and discuss plans to file a suit to stop the proposed $8,500,000 Community Center Building Project and the $6020/per residential unit special assessment that is due April 1, 2007. Details of the suit will be released once they have been finalized. Our legal counsel will also examine other issues that have been a concern to our supporters since we organized last summer.

Thank you to those of you who have already given generously to our legal fund. We welcome any contributions, large or small, from our many supporters. Contact a committee member if you wish to help.

Excerpts from the Apache Wells Newsletter Issue 65 are available online on our AWHOA E-mails page. Just click on the link at the top or bottom of this page. Paper copies (complete text) are available in the rack in front of the AWHOA office.

Don & Jan Davidson have called it quits as e-mail newsletter editors citing the change in direction to an editorial paper and not a newsletter.

Editor's Note: A BIG THANK YOU to Don & Jan who kept our absentee and year-round homeowners up to date on Apache Wells happenings. Perhaps, somewhere down the road, we will see the newsletter return to it's intended purpose.

Our committee's efforts over the next few weeks to Save Apache Wells from the planned $8.5 million building project will be going into high gear. Since we do not have the funds available to us that the AWHOA Board of Directors and their allies the AWCC and CLRPC have for legal counsel, we need the help of our many supporters to contribute whatever they can to our effort.

Be assured that we will keep our supporters informed of what actions we plan to take whenever we can without jeopardizing our chances for success. Updates will be posted here on our website and when appropriate we will come together as we did on February 27th to share information.

In the meantime, if you wish to help out financially, have questions or concerns, wish to offer written testimony to any issues surrounding the vote, or just want to talk to someone who is also opposed to this project, please contact one of our committee members.

It was standing room only Tuesday night as nearly 400 homeowners squeezed into Room A to listen to plans by the Save Apache Wells Committee to challenge the recent 644-594 vote. The narrow margin of victory approved the $8.5 million Community Center Building Plan that would replace the current building owned by the Apache Wells Country Club.

Those attending the meeting were given an opportunity through an Open Forum to express their feelings on the vote, voting procedures and the project itself which starts with a $6020 assessment due April 1, 2007.

Chairman Walt Stromme addresses the overflow crowd eager to hear of SAW's plan to challenge the recent vote and stop the building project. Legal counsel has been retained and fund raising is under way.

Homeowners were forced to meet in Room A when country club officials cancelled SAW's reservation for Apache Hall after they discovered that "the facility had been reserved earlier by another group".

Special Meeting is On!
Tuesday February 27, 2007
7:00PM
Room A
This will be an informational meeting open to all homeowners who opposed the $8,500,000 Community Center Building Project and $6020 special assessment that was approved 644-594 on 2/21/07. There will be an Open Forum for homeowner complaints and concerns. Please pass this announcement on to your neighbors who do not have access to the Internet.

Residents Might Challenge Vote!
by Art Thomason
(The following article appeared in the Mesa Republic section of the Arizona Republic on Saturday)

It was a week of stomach butterflies for Jim Nosbisch and outrage for Walt Stromme. And the final chapter that puts them on each side of a golf course community dispute in northeast Mesa is not yet written.

Apache Wells Timeline 1962 to Present
Based on Tom Finger's 2001 Roundup article "History of Apache Wells Mobile City" 1962-1987.
1988-Present based on commentary from our committee's website editor.

In 1962, Clinton Ray, a farmer who was buying up land in East Mesa for as little as $1 an acre, built 3 holes of a golf course near Recker and McKellips Road. This would later become Apache Wells Unit 1 with Leland, Lockwood and Lawndale Streets surrounded by the fairways that Clinton started.

Voting for the $8,500,000 Community Center Building Project took place at Apache Hall today, a part of the AWCC building slated to be torn down to make way for the new complex. Homeowner turnout was heavy as expected with 1238 votes cast. Unfortunately 174 homeowners chose not to vote, missed the voting deadlines or had their ballots ruled invalid.

UPDATES:
___We have learned that the Board of Directors plan to appeal the administrative judge's ruling that rolled back the transfer fee from $950 to $300.
___The the Office of Administrative Hearings, which adjudicates complaints under HB 2824, has raised the filing fee from $550 to $2000 and may increase it again April 1st. OAH cited an increased workload due to HB 2824. HOA watchdog groups across Arizona are lining up to fight this latest roadblock to homeowners in their battle to be treated fairly. We encourage homeowners to contact their legislators.
___For those of you who have supported us over the past 9 months, we are NOT going to go away with this setback. We are disappointed in the outcome of the vote to go forward with the building project and the assessment of $6020 on each homeowner which will be due April 1, 2007.
___Our SAW Committee will meet in the very near future to discuss plans to challenge this vote. We believe that the authors of our bylaws meant that approval of a special assessment (ARTICLE X FINANCIAL Section 2 Part D Item 1)"by the majority vote of residential unit owners" meant just that, and NOT "by a majority of the residential unit owners, present and voting". A majority vote of 1412 residential unit owners is NOT 644 votes, but 707 votes or more. We will keep you updated on this challenge.

We will continue to fight for the homeowners of Apache Wells who are unhappy with the direction their community is taking. We will need your support and input in the months ahead. Please contact our committee members listed at the bottom of this page with your concerns, complaints and suggestions.

Tomorrow we vote on the biggest and most expensive issue that Apache Wells homeowners have ever faced. It will be a showdown between the homeowners who have deep pockets, country club memberships and a taste for the finer things in life and the rest of us who have modest incomes, don't belong to the country club and just want to enjoy the affordable facilities we currently have.

Those in favor of the $8,500,000 Community Center Building Project have given us a laundry list of reasons for us to support this plan, have told us of all the dire consequences of not supporting it and in the case of country club members, have been threatened with an even larger assessment if the vote on the plan fails. In desperation, they have even taken our committee's registered name and plastered their yellow signs all over the community urging you to 'Save Apache Wells VOTE YES'.

Since this website went online on December 2, 2006, we have made it our mission to keep the homeowners informed of the activities of the AWHOA Board of Directors, the AWCC Board of Directors and the Community Long Range Planning Committee. We have been accused of printing "lies and misinformation" that have divided our community. Those of you who have taken the time to read through our website know that is not the case. If it weren't for the Roundup, newsletters, e-mails and mailings from the AWHOA and CLRPC, there would be very little to put on our website. We knew from the very beginning that the homeowners of Apache Wells are very capable of separating fact from fiction and then making up their own minds.

The SAVE APACHE WELLS Committee only asks that ALL homeowners get out and vote on Wednesday February 21, 2007 between the hours of 10AM and 2PM. We would never tell you how to vote. Just get out and vote!

We do, however, ask for your support in defeating this plan. Think of it as saving $6020 and at the same time, sending the message that "we don't care much for your plan for our future".

Members of the Apache Wells Country Club received a letter today from their Board of Directors thanking those who voted YES (324) on Wednesday and encouraging those who voted NO (53) and those that didn't vote (108) to "join their fellow golfers" and vote YES at the community vote on February 21, 2007.

The letter went on to say that "If this proposal is defeated, the Country Club members could be faced with a much larger assessment than the $6020."

Editor's Note: We hope that those AWCC members who voted NO or did not vote on 2/14 will stand their ground against this obvious threat by their leadership and join us on 2/21 and VOTE NO.

The judge who presided at the administrative court hearing on January 22, 2007 in Phoenix has rendered his decision on the 2 complaints that were presented to him in our petition.

___1. That the Court finds the sale of the Cancer Fund Building of America & property to be null and void and order all monies be returned to the AWHOA, or in lieu thereof, order that the Cancer Fund of America property be rented and /or sold. Any loss in the resale of the property would be considered the responsibility of the current AWHOA Board President, Brian Johnson and the current board members.

___2. That the Court finds that the $950.00 Transfer Fee implemented by the Board of Directors in the year 2005 was illegal because it causes unreasonable restraint on a person's right to alienate his or her property. Therefore we respectfully request that this transfer fee be rolled back to the reasonable fee of $100.00 as initiated by the Arizona House Bill in 1996.

Printing Note: If you wish to print a copy of our case summary, click on the link above for case
07F-HO6709-BFS. Print pages 16-18 from the PDF file.

The members of the Community Long Range Planning Committee submitted a letter to the AWHOA Board of Directors at their regular meeting this morning expressing their concerns about election procedures to be followed when counting the votes on February 21st.

They pointed out that the head of the current election committee is an officer of the S.A.W. Committee and that many of the people who have been asked to work on the election are also part of this group. The letter states that "We do not think for a moment that these people will manipulate the counting of the ballots, but the perception of the community at large may be quite different."

The letter goes on to request that additional people who are either "neutral or on the positive side" be added to the election procedure. Also included were a number of other steps they said were needed to "guarantee a fair and honest vote."

Editor's Note: The current head of the Apache Wells Election Committee, Dee Miller, is highly regarded in our community and has handled many "fair and honest votes" over the years. She and her workers understand their responsibility to remain neutral in their duties. Only Dee, who is not involved in the counting of ballots and another worker who checks signatures are members of S.A.W. Our committee applauds the Board of Directors for their decision.

The outcome of today's vote by the Apache Wells Country Club members was no surprise.

With the affirmative vote by the AWCC members, they agree to demolish their building and sell the land it sits on and the parking lot to the homeowners for $700,000.

Apache Wells Country Club Stakeholders Approve
Building Sale!
Sarah N. Lynch, Tribune
February 15, 2007

Apache Wells Country Club stakeholders on Wednesday approved the sale of a building to the Apache Wells Home Owners Association.

The next step will be the vote by the homeowners on February 21st to either accept or reject their offer. If the homeowner's vote is affirmative, the project will move forward starting with the payment of the $6020 assessment per homeowner which will be due April 1, 2007.

The Election Committee has announced that in the event there are still people in line to vote at the 2:00PM closing, the polls will remain open until they have voted.

East Valley Residents to Vote on Eyesore!
By Sarah N. Lynch, Tribune
February 13, 2007

Depending on who you ask in Mesa's Apache Wells neighborhood, the brown, retro-style building with the UFO domes on top is either a run-down monstrosity that deserves to be torn down or an old building that should be renovated.

The building is home to a restaurant, a meeting hall, a golf pro-shop and a fitness center. It's the only centralized hub in the neighborhood where homeowners and country club members can rent space for a town hall meeting or grab a quick bite.

But now, this 40-year-old "Jetsons" building is at the center of controversy between those who want to tear it down and rebuild it versus those who don't want to rebuild. The argument boils down to one simple question: Are homeowners willing to shell out the extra $6,000 to buy the building, tear it down and rebuild it?

With the vote on the $8,500,000 Community Center Project fast approaching, supporters of the plan will be pulling out all the stops in an effort to have you vote yes prior to February 16th (absentee and walk-ins) and February 21st (in person) and then collect your $6020 assessment on April 1, 2007.

Signs have already surfaced around the community on mailboxes, vehicles, golf carts and front yards. We hope that all homeowners will respect the principle of free speech and expression and allow each homeowner to express their position on this issue.

For those of you who support the efforts of the Save Apache Wells Committee and wish to make your decision public, a VOTE NO sign, like the one above is available. Just click here and you can print a sheet with 2 signs on it. If you have card stock your sign will last longer and if you plan to expose them to the elements, laminating it is a good idea.

Thank you for your support and remember to vote (walk-ins) by 2PM on *February 16th in the AWHOA office or (in person) on February 21st from 10AM-2PM in Apache Hall. DO NOT miss these deadlines or your vote will not count!

*VOTING PROCEDURE (walk-ins): Make sure that YOU sign, date and include your Lot # on the sealed absentee ballot envelope. You must also sign the register in the HOA office and your sealed ballot envelope will be assigned a number and then YOU must put your sealed ballot envelope in the ballot box. If this does not happen, call one of our committee members listed below as this is a violation of the agreed voting procedure. They are listed in your Apache Wells phone book.

Walt Stromme, SAW Committee Chairman
Judi Teague, SAW Committee Co-Chairman
Dee Miller, Chairman AW Election Committee

The AWHOA Board of Directors, AWCC members and the CLRPC are getting desperate. They and their supporters have now adopted our SAW Committee name in an attempt to further confuse the Apache Wells homeowners; even more than they have with their recent blizzard of flyers. The Save Apache Wells Committee, whose name is registered with the Arizona Corporation Commission, is confident that these last ditch efforts to sway our supporters to their side will not be successful.

Since we organized this past summer, we have been providing homeowners with information, mostly supplied by the LRPC, on our website. So to continue our policy of putting the information out and letting the homeowners decide, we are including the picture of the misleading sign at the corner of 56th Street and Hermosa Vista. We authorize ONLY our supporters to use our registered name Save Apache Wells for VOTE NO! signs that they may wish to have on their property.

You will find our committee name registration at the link below. Just enter Save Apache Wells.

This past weekend a letter from the opposition group "Concerned Homeowners of Apache Wells" was distributed throughout the community citing their wish to defeat the Community Center Building Project. It is clear that more and more homeowners are siding with those already opposed to this plan.

Today a flyer to all Apache Wells Homeowners from the CLRPC entitled "False Information from 'Concerned Homeowners' on a recent flyer" was distributed throughout the community "clarifying" the false information they say it contained.

Homeowners received their ballots, voting instructions and ballot envelope in Monday's mail. As promised by the AWHOA Board President an informational flyer encouraging a YES vote was not included in the envelope. However, a second envelope arrived in the same mail delivery that contained the informational flyer encouraging a YES vote that we have seen several times before, another building floor plan, a letter from the CLRPC urging a YES vote, the benefits of an affirmative vote and the consequences of a negative vote.

The February Roundup hit the newstand today with color photos of the proposed Community Center Building and more rhetoric addressing our need for this $8,500,000 project.

Of special interest was an anonymously written article entitled "What do we have to fear?" Following a discussion of things we fear in life like having a car accident or losing a loved one it was pointed out that those homeowners who oppose the LRPC plan fear all change.

The anonymous author fails to realize that the "outright misinformation and lies" he attributes to the opposition are in reality the statements and information provided by the LRPC and proponents of the project. All of which has been published in the Roundup newspaper, e-mails, flyers and has been posted here on our website.

We leave it to our website visitors to evaluate this latest literary effort to convince homeowners to vote for the project. Also note that in the drawing of the new building only golf carts are parked outside. Where are all the non-member homeowners? Perhaps they have all moved?

The Roundup also included a breakdown of the preliminary budget estimates given by Concord Construction for the Community Center Project. To view these estimates, click here.

Bob Resset has taken on the job of supervising the modification of the inside of the building for homeowner use. Bob is a former construction superintendent for Ryan Construction, the company that constructs most of the Target store buildings, Carol and Mike Schneider have taken on the supervision of the exterior plantings.

The first goal is to modify the interior so that it complies with the American Disabilities Act. This entails moving one wall and modifying the bath rooms so they are wheel chair accessible.

The second goal is to prepare the building for use as the Homeownerï¿½s office. An existing office is being furnished with desks and files left by the previous tenant for the Office Manager's use. An area adjacent to the lobby area is being set up for the Office assistant's use. The fireproof vault from the bank will become the storage place for all of the association's records. This will make the current room in the northwest corner of the Library building available.

The Beautification Committee has been responsible for cleanup and preparation of the area. Construction is being done by qualified professionals.

These modifications involve approximately 50 percent of the building. The balance of the building will be modified as budget money becomes available and future temporary and/or permanent uses for the remaining areas are determined.

___An impressive, welcoming, Lobby area
___2 Homeowner's staff offices
___1 large meeting room
___1 medium sized meeting/board room
___2 small meeting rooms, one of which has kitchen facilities
___2 storage rooms

New lettering for the sign has been purchased, but will not be installed until the office has moved to avoid confusion.

A trench is being dug from the meeting room building to connect Cox cable to the administration building.

The building is currently budgeted to have the mortgage paid in full in seven years. (The 2007 AWHOA budget includes $80,517.44 for mortgage payments and remodeling of the building.)

The current goal is to have the office up and running in the building by March 15th.

Editor's Note: This is the building that was purchased during the summer of 2006 by the former AWHOA Board President without a vote of the homeowners using $123,000 of available HOA funds as a down payment and a $600,000 mortgage acquired on the former president's signature. We are currently paying this mortgage off at a rate of $5877 per month (see 2007 budget). This purchase is also one of 2 issues in a petition our committee presented before an Administrative Court Judge under HB 2824 on January 22, 2007. We are currently awaiting a decision on that petition and will publish it on our website when received.

The Apache Wells Homeowners Association Board at itï¿½s regular board meeting January 17, 2007 approved a motion and voted to have a special election on February 21, 2007 by the homeowners to approve the building of a NEW COMMUNITY CENTER. The special election will be held only after an affirmative vote by the Apache Wells Country Club allowing the land acquisition by Apache Wells Homeowners Association. Country Club voting date is scheduled for February 14, 2007.

A letter from the AWHOA will be sent out in early February to all homeowners and will include the following:

___Instructions for casting your vote
___A ballot for voting yes or no on the building project
___An envelope in which to seal the ballot

___1. By absentee ballot which must be returned by mail or in person to the Homeowners Association office no later than 2:00PM on Friday February 16, 2007. After this date the absentee ballot will no longer be valid. The absentee ballot must be in the sealed ballot envelope and written on the ballot envelope must be your signature, the date signed and your *lot number. If you choose to mail your absentee ballot, remember to place the sealed ballot envelope in an envelope addressed to the HOA office. Only one ballot is allowed per envelope for those owning more than one property.

* Note: Your lot number is listed on the label of the absentee ballot mailing envelope.

___2. By voting in person at Apache Hall on Wednesday February 21, 2007 from 10:00AM to 2:00PM. A voting ballot shall be issued at this time for those voting in person. Absentee ballots will not be valid when using this option to cast your vote.

The Long Range Planning Committee held another of it's series of Town Hall Meetings today at 3PM in Apache Hall. The purpose was to give homeowners a complete update on the status of the proposed $8,500,000 Community Center building project. The presentation was followed by responses to written questions.

___Cost of permits from the City of Mesa estimated at $258,000 with contingency of up to $396,000.
___There are 485 golf certificates which represents 33% of Apache Wells 1412 homeowners.
___The special assessment to fund the project is $6020 per homeowner.
___Homeowners who choose a lump some payment will have to pay the $6020 by April 1, 2007.
___Homeowners who choose to pay over 2 years will have to pay $3010 by April 1, 2007 and the remaining $3010 by April 1, 2008.
___Homeowners who choose to pay monthly will have to pay $50.17 plus interest at 7.25% per year over a term of 120 months until they meet their obligation. First payment due by April 1, 2007. (Note: Based on current figures from the LRPC, the monthly assessment payment would be $86.54 and over 10 years principal plus interest will total $10,384.50.)
___Homeowners will have the option of arranging their own financing of the $6020 assessment and paying it off in a lump sum by April 1, 2007.
___The monthly dues for 2007 are $38.50.
___Homeowners who do not pay will have a lien placed on their home.
___Homeowners who can not pay will have to apply for an exemption from the Board of Directors, have their finances examined by a third party and if approved will have to pay their obligation plus 7.25% interest when their property is transferred.
___The estimated cost of demolition of the current Country Club buildings is $135,000 which includes dealing with the mold infestation.
___A letter from the AWHOA outlining the voting procedure will be sent out this week to all homeowners
___The LRPC is planning additional Coffee Parties in the coming weeks to promote their project to homeowners.

The following is the text of a flyer that was distributed at the Town Hall Meeting by the Long Range Planning Committee. We leave it to you, the homeowners, to decide if this is what you want to support on February 21st.

Apache Wells is coming together
The Apache Wells Homeowners Association Board of Directors and the Apache Wells Country Club Board of Directors are working together hand in glove for the betterment of the entire community. The glue between these boards is the hard-working Community Long Range Planning Committee.

Why do we need a new Community Center?
The existing 40 year old building has seen it's useful life; termite infested, has mold, asbestos and dry rot contamination. According to qualified building inspectors, it's so far out of compliance with newer codes, it would be impossible to economically renovate. The new professionally designed building will fit the needs of Apache Wells residents for 40-50 years to come and provide a venue for many additional exciting activities.

What can we do with a new building?
All Apache Wells HOA residents could enjoy so many more events and activities. Potentially things like:
___Theatrical and Professional Entertainment Concerts
___A weekly weekday afternoon movie-Super Bowl Party-Stanley Cup Parties-Winter Olympics Parties
___Community wide dances-Augusta National Masters Party or Ryder Cup Parties
___Ladies Fashion Shows and Luncheons-Yoga and Dance Classes-Home Trade Shows-Health Fairs
___Rose Parade Brunch and/or Rose Bowl Party-View the Rose Parade (or game) while enjoying a nice brunch with your friends
___BCS NCAA National Championship Party
___Easter Sunday Brunch with family and friends in the private dining room
___Kentucky Derby Party (luncheon, mint juleps, big hats, Churchill Downs facade & decorations)
___Larger, better equipped fitness center-possible enhanced health activities, massage therapist and much more!

How will we pay for the new community center?
Several payment options will be available to homeowners including a lump sum payoff, multiple payments over time, or long-term pay-as-you-go payments (*$50/month for 20 years). Depending on their financial situation, some folks who cannot afford the payments may be eligible for a contractual deferred payment plan whereby the association would receive full payment upon the future transfer of the property.
No one would be forced out of their home due to the inability to pay.

How will this affect our homeowners monthly dues?
It will not affect the monthly dues. If the monthly dues need to be raised, your special assessment will not be affected. There would be two separate accounts, operations and building fund. The building fund would never increase because of an operational cost increase.

Will the value of my home appreciate upon completion of the new facility?
We can't say for sure, but most likely. A new state of the art facility will certainly be an asset to the whole community and will be promoted by Realtors and residents alike. There's certainly a much greater likelihood of an appreciation than the existing building provides.

Apache Wells Homeowners Association Board of Directors
Apache Wells Country Club
Apache Wells Long Range Planning Committee

Editors Note: Homeowners - If you support the efforts of our committee, don't forget to VOTE NO! on February 21st. We need your support in our efforts to defeat this grandiose plan outlined above. Contrary to the opinion of some in our community, this is NOT a done deal! *Also, $50 a month for 20 years is $12,000 and that doesn't include interest.

A court hearing was held in Phoenix this morning before an Administrative Judge. The purpose was to present testitmony supporting a petition and related documents filed with the court by the Save Apache Wells Committee as provided for in HB 2824. This new law, passed by the Arizona Legislature this past summer, allows homeowners to take their grievances before a judge for a modest fee.

___ 1. That the court finds that the purchase of the Cancer Fund of America building was illegal and that the Apache Wells homeowners be given the opportunity to vote on what they wish to do with it.

___ 2. That the court finds that the $950 Transfer Fee, implemented by the Board of Directors in 2005, be ruled illegal and that it be rolled back to a more reasonable sum of $300 and that the court also order the AWCC to return the $100 they receive on each Transfer Fee to the AWHOA.

Testimony in was given by Walt Stromme for S.A.W and Brian Johnson and Marv Stoll for the AWHOA Board of Directors.

The judge will issue his ruling on our petition within 21 days and we will provide a copy on our website. We are confident that the judge will rule in our favor since a similar case was appealed to the Arizona Supreme Court with the court upholding the lower court's ruling.

In the Apache Wells Special Edition E-mail Newsletter sent today, the Long Range Planning Committee stated the following: "Our mission is to actively pursue cohesiveness in planning toward the future, to enhance and improve the quality and value of our Apache Wells Community".

The Apache Wells Newsletter for January 11, 2007 Issue 62 was available to homeowners today. It contained the 2007 AWHOA Board of Directors roster, upcoming events and items of interest to homeowners following the continuing media blitz supporting the Long Range Planning Committee's $8,500,000 Community Center proposal.

2007 AWHOA Board of Directors:
Marv Stoll - President
Bob Resset - First Vice President
Linda Wood - Secretary
Irv St. John - Treasurer
Jim Bonnell - Director
Tom Finger - Director
Jo Gregory - Director
Bing Miller - Director
Ernie Shoults - Director
Outgoing Directors:
Brian Johnson
Marv Larson
Tony Pasula

The LRPC has compiled a list of 10 of the most Frequently Asked Questions about the proposed Community Center Building Project to be voted on February 21st. To view these, click on the link below.

Editors Note: We welcome your feedback on the content of our website. For or against our efforts, we want to hear from you. If you would like us to publish your comments on our Opinions & Feedback page, just give us permission. If not, we still want to hear from you and will not publish your comments. Our only purpose is to get information to the AWHOA members from both sides of the issues so they can make an informed decision when casting their vote.

The East Mesa Independent Weekly Newspaper hit the newsstands today featuring a front page story on the upcoming February 21st vote on the Apache Wells plan to build an $8,500,000 Community Center on land currently owned by the Apache Wells Country Club. The article, written by Independent reporter Vanessa White, is based on the opposing views of the Save Apache Wells Committee and outgoing AWHOA Board President Brian Johnson speaking for the Long Range Planning Committee.

Reporter's Error: Lines 9 and 10 in the 3rd column of Part 1 should have read: lack of maintenance by the country club, not the homeowners' association.

In our ongoing effort to keep Apache Wells homeowners informed on the issue, the Independent article is available on our website. Just click on the links below. Please vote February 21st and encourage your neighbors to do the same.

Outgoing AWHOA Board of Directors President Brian Johnson announced that the members of the AW Country Club will vote on February 14th whether or not to transfer their property (less the golf course) to the AW Homeowners Association. If the vote is affirmative then the AWHOA members will vote on February 21st whether or not to accept their property (buildings and land) and finance and build the proposed $8,500,000 Community Center. The vote on February 21st will allow for absentee ballots which must be requested by a homeowner and returned in a sealed envelope prior to the February 21st vote.

The Apache Wells Board of Directors has released the AWHOA budget for 2007. Copies may be obtained at the homeowners office during regular business hours. Total expenditures for 2007 have been budgeted at $746,244.00. Click here to view complete budget.

The January Roundup is now available to homeowners. If you didn't get one on your mailbox, there are copies available in front of the AWHOA office. You may also view the listed Roundup articles online. Just click on view. We encourgage you to pay close attention to the information in the following articles so that you can make an informed decision as to how you want to vote on the Community Center proposal.

___Advantages and Uses of a New Community Center (p. 1) view
___Comparison of Existing Building Sizes to the Proposed Community Center (p. 3) view
___A Summary of the ASU Study on Apache Wells Long Range Plan (p. 3) view
___The Cost of Doing Nothing (p. 3-4) view
___Pictures are Worth a Thousand Words (p. 4) view
___Frequently Asked Questions (p. 4) view
___Proposed Basic Payment Options for Financing the Building Project (p. 4) view
___President's Report (p. 5) view
___Letter (p. 16) view

The members of S.A.W. know that the Apache Wells homeowners are a wonderful mix of people who enjoy living in and enjoying our beautiful community in the desert. We also know that when presented with information from both sides of an issue that they can apply their intelligence and common sense to decide what they want for their future and the future of their community.

ELECTION RESULTS
The top 3 will serve on the AW Board of Directors for a 3 year term.

A total of 979 ballots (2 spoiled) were cast, which included 184 absentee ballots. 2821 votes were cast for the 7 candidates. Board Nominated candidates received 48.6% of the vote while SAW and INDependent candidates collectively received 51.4% of the vote. This was reported by election officials to be the largest turnout for an election in the history of Apache Wells.

Special thanks to all who voted and to Dee Miller and her great group of election workers.

Members of the AWHOA Board of Directors, the Community Long Range Planning Committee and some homowners have attributed the division of the Apache Wells Community to the radical Save Apache Wells Committee, also referred to by some as "those SAW people".

This is true since on one side of the divide are the homeowners who want all homeowners to shoulder the replacement of the Country Club building with an new $8,500,000 building and assess each homeowner approximately $6000 and on the other side of the divide are the homeowners who do not want, will not use or cannot afford this project.

As with most issues in a democracy, there are at least 2 sides and the outcome is decided by a vote. Would we want it any other way?

We sincerely hope, that as in the past, when the issue of the Community Center Project has been settled, we can all get back to enjoying our wonderful little community in the desert and once again work together.

WORDS OF WISDOM: During the 2006 Arizona State Election Campaign, the candidates for the state legislature were asked to list the best bit of political advice they have ever received. Here is one that is noteworthy given the opposing views of the S.A.W. Committee and the AWHOA Board of Directors, AWCC and the LRPC.

"Don't take anything personally. Many people will disagree with you and your ideas and vice versa, but that's what democracy is all about."

Chad Campbell (D), House District 14, Phoenix
The Arizona Republic 12/31/06
FROM THE FRONT PAGE Section A21

The following representatives were there to present findings and answer questions:

___Nest Technologies, Inc - the company that inspected the current AWCC buildings
___Brock, Craig & Thacker Architects, LTD - architects of the new Community Center building design
___A Contractor - with experience in building community centers

Editors Note: Apache Hall was "standing room only" with some homeowners listening to the presentations from out in the entry hall. It was rewarding to see such a large turnout for this important issue before the community.

Floor Plan for Proposed New Community Center (Brock, Craig & Thacker Architects, LCD)

Proposed Design for New Community Center (Brock, Craig & Thacker Architects, LCD)