Attitude of Gratitude
Before explaining why I believe I was omitted from the ballot, I want to express my gratitude. I sincerely thank all the homeowners who have shown their support through kind words, valuable time, and the inherent belief that change is possible.
Warning: There will be significant references to quoted statutes, laws, and governing document language. I believe it is crucial to include this information for you to make an informed decision.
How It Started...
In October 2022, my family of five, including myself, my husband, our teenage daughter, a black lab rescue, and a mini Maltese, moved to Power Ranch. During our search for a new home in the Valley, we considered various options. However, we ultimately chose Power Ranch because of its welcoming community and the apparent diversity of homeowners within the master-planned subdivision.
I was particularly impressed with the management company as they quickly approved the paint color schemes for our home, reinforcing my belief that we had made the right choice.
However, in January 2023, we received a violation notice from Cynthia Badger, accompanied by a photo, stating that our home was in violation of the DRC guidelines due to our newly installed planter. I found this surprising since I had read the guidelines and ensured that we were in compliance.
According to the guidelines from 2023, front yards are allowed to have “up to two large decorative items such as fountains and patio benches.”
Seeking guidance on how to address the issue and challenging the notice, I reached out, but unfortunately, the response I received was simply “it is too large.” Despite encountering obstacles with Cynthia for several months, I decided to challenge the decision after reducing the size of the planter.
In May 2023, we attended a Board Meeting, hoping to present our case. However, Gary Whitchel informed us that appeals were not heard there, and I would need to attend a DRC Meeting for the appeal. Subsequently, we attended a DRC Meeting, only to be told that they also did not handle appeals, and it would need to be heard by the Board. At the September 2023 Board Meeting, we attended to yet again attempt at appealing our case and was provided email confirmation from Jennifer Partridge that she would include our issue on the Agenda. When it was our turn to speak, no one on the Board knew why we were there and our appeal was not on the Agenda.
It was at this point and this situation that I realized the broken system within the Association, with the realization that those driving the decisions did not have the best interest of homeowners in mind.
How It's Going
Between the months of October - December, we were notified that we would be fined $100 every 2 weeks until we resolved the problem.
Following the Rules...
As an association manager, I diligently examined the Association’s Bylaws. Just like any licensed real estate manager would advise, these documents, including the Declarations, serve as the guiding principles when discerning the rights of homeowners. (note: CCMC Community managers are not licensed and are not required to be licensed but I believe they should be) I discovered the following regarding the Appeals process clearly outlined which the Board seem to be unaware of:
Article 5 – Monetary Penalties
Section 5.1 – Power of the Board of Directors to Impose Monetary Penalties. In accordance with the procedures set forth in the Article, the Board shall have the right to impose reasonable monetary penalties, not in excess of that allowed under applicable law, against any Owner for a violation of any provisions of the Association documents by the Owner, such Owner’s family, tenants and guests. Any monetary penalty imposed by the Board shall be imposed ONLY AFTER THE PROCEDURES SET FORTH IN THIS ARTICLE HAVE BEEN COMPLIED WITH.
Section 5.2.3 – The Owner shall pay the fine set forth in the Notice of Violation to the Association within 10 days after the Notice of Violation is served on the Owner UNLESS prior to that time the Owner requests a hearing on the Violation pursuant to Section 5.2.4 of the Bylaws.
Section 5.2.4 – Any Owner served with a Notice of Violation may request a hearing on the violation. The request for a hearing must be addressed to the Secretary of the Association and must be actually received by the Association within 10 days after the service of the Notice of the Violation. Upon receipt of a request for a hearing pursuant to this Section, the President or any other officer of the Association SHALL SCHEDULE a hearing on the violation BEFORE THE BOARD or before a hearing officer or a committee approved by the Board and shall notify the Owner requesting the hearing of the date, time, and place of the hearing.
As a Board Member, I would make it one of my top priorities to ensure that homeowners have a comprehensive understanding of the Association’s Bylaws and Declarations, enabling them to feel empowered. Unfortunately, it seems that the Association’s attorney currently prioritizes the interests of the management company, which is something that needs to be addressed and rectified.
December 4th, 2023 - Board Meeting
I arrived at the Carriage House alone for the December’s Board Meeting but left with a lot more friends.
Upon arrival, there were approximately 70 homeowners pouring out of the door. As I navigated through the crowd, I eventually found myself standing next to another family. Later, I discovered that they were present due to parking violations resulting from their family members parking after 10 pm on a weekend holiday. I won’t expand too wide into the details of this meeting, but it is crucial to highlight that the issue appeared to be intensifying among homeowners. It is imperative for the Board to understand that the current management approach is not effective for our community.
December 12, 2023 - DRC Meeting
DRC Meeting Notes, Dec 2023 can be found here.
Because of the conflicting information that was given to me when I tried to appeal my violations and fines, as well as when I checked the laws regarding video and audio recording, both myself and several homeowners made the decision to attend the meeting and record it on video. At first, our intention was to livestream the meeting, and we didn’t anticipate that it would become such a big deal as management eventually made it out to be considering that I confirmed with CCMC that meetings have been conducted via Zoom in the past. We ended up videotaping the meeting instead. Here are the Arizona Statute surrounding HOA video and audiotaping:
ARS 33.1804 – Persons attending may audiotape or videotape those portions of the meetings of the board of directors and meetings of the members that are open. The board of directors of the association shall not require advance notice of the audiotaping or videotaping and may adopt reasonable rules governing the audiotaping and videotaping of open portions of the meetings of the board and the membership, but such rules shall not preclude such audiotaping or videotaping by those attending, unless the board audiotapes or videotapes the meeting and makes the unedited audiotapes or videotapes available to members on request without restrictions on its use as evidence in any dispute resolution process.
I would also like to note that although advance notice is not a requirement, I provided CCMC / Nick Ferre (VP of operations) notice of recording and he responded by saying: “Thank you for letting me know you will be taping the meeting, I will let the Chair and those in attendance aware.” We later learned that this message never reached the members of the Committee.
A committee member scolded Nick after the meeting and I truly believe that this was the point that Nick decided to retaliate due to embarrassment and sent an email stating ” First note that I am disappointed that with the documented correspondence via this email chain and your acknowledgement via return comments that you proceeded to move forward with disregard to the Association’s policy related to live streaming in any format at this week’s DRC meeting. Formal Association notice of such non-compliance will be forthcoming under official notification… These policies are not in place to thwart transparency as the DRC and all committee meetings are open to the community. Further, the minutes of such meetings are also available to residents. Similarly for the Board open session meetings. As stated previously, the policy is in place for the health, safety and welfare of the community membership. I believe this was demonstrated by a Committee member exiting the meeting due to the concern related to how the livestream could negatively affect the safety of her family unit.“
All I can say to the above is that we videotaped the meeting and he should have notified them as he said he would if he truly had concerns for the welfare of the community. And I am not concerned with whether or not he is disappointed, this is our community and he works for us. I feel the narrative needs to change for CCMC. Additionally, thanks to the recording of this meeting, I have the ability to offer evidence that the DRC acknowledged their lack of jurisdiction over appeals and emphasized the necessity for me to attend a Board Meeting for that purpose.
December 11, 2023 - "Call for Candidates"
Since moving to Power Ranch, we have been receiving correspondence regarding our statement without any issues. However, when it comes to Board Meetings, newsletters, or anything beyond that, we have been completely unaware. It was not until another homeowner forwarded an email to me on December 11th that I became aware of the upcoming annual meeting, which will include the Board of Directors elections and three available seats. After thinking about it for a very long time, and with the encouragement of our community, I completed and submitted my application via email, mail, and courier service. I received confirmation by CCMC on January 5th.
January 5th - Confirmation of Receipt
Application received.
January 12th Deadline for Applications
No word from CCMC
January 18th - past the deadline
Jennifer Partridge sent the following email to myself and another candidate. (Name and address redacted for privacy).
Our Signed Deed - signed and acknowledged as of 7/20/23
LLC / Corp documents were also provided to CCMC as proof that I am an owner of said LLC.
All documents were provided to CCMC on January 19, 2023. It was also added that although I understood the law that a deed is not required to be recorded, we would record it anyway.
Now you may ask, "Does a Deed Need to Be Recorded in Arizona to be Valid?"
According to 2 Arizona association attorneys and 1 Arizona estate attorney and ARS 33.412(b) – the answer is a resounding NO.
ARS 33.412B. Unrecorded instruments, as between the parties and their heirs, and as to all subsequent purchasers with notice thereof, or without valuable consideration, shall be valid and binding.
In contrast to what Jennifer requested as shown above, “recorded deed” in order to be placed on a ballot is incorrect and our community documents also support this.
What does the Power Ranch Community Bylaws and Declarations Say About This?
First, let's establish what requirements are needed to be a Board Member (not to be on the ballot, to be a Board Member):
BYLAWS: Article 3
Section 3.1: “All directors must be Members of the Association”. – This means to sit on the Board, you must be considered a Member.
How does the Declarations Define "Member, Membership, and Owner?"
CC&Rs, dated 2002: ARTICLE 1
Section 1.36: “Member” shall mean any person or ENTITY holding a Membership in the Association pursuant to the Declaration.
Section 1.37: “Membership” shall mean a Membership in the Association and the corresponding rights, privileges and responsibilities of the Owners pursuant to Article 6 hereof.
Section 1.38: “Owner” shall mean the “record owner”, where one or more persons of beneficial or equitible title to the fee simple interest of a Lot of Parcel.
What does "record owner" mean anyway?
The Declarations does not require a Member to be a RECORDED owner. Record owner means the records of the Association which was provided and a requirement prior to taking office. The Declarations go on to further carve the definition of Recording and Recorded:
ARTICLE 1
Section 1.44 “Recording” shall mean place an instrument of public record in the office of the County Recorder of Maricopa County, Arizona, and “Recorded” shall mean having been so place of public record.
Once again, these all apply to a Director, not candidate.
CCMC has no authority and cannot impose arbitrary dates. Unfortunately, the “Association’s” attorney is not advising its clients properly.
January 22, 2024 - Board Meeting
After waiting for several days and an attempt to set up a meeting with Jennifer Partridge by arriving at the Carriage House with my husband to request a meeting, she avoided us and would not agree to meet. Without receiving an answer from CCMC regarding the provided documents, I arrived at the Board Meeting on January 22 and handed a letter addressed specifically to the Board to Board President Gary Whitchel, who disregarded it and refused to present it to the other six Board of Directors. Instead, he directly gave it to “our” Association’s attorney, Curtis Ekmark.
Note – Curtis Ekmark from Carpenter and Hazelwood is also the attorney at several other Associations where CCMC is also the management company here in Gilbert and Chandler. So I believe a conflict of interest is present here and also an issue for the Board in the future. It does not appear the attorney is properly advising the Board and only interested in protecting CCMC to secure job and position.
As a member of the public, you can also file a complaint through the Arizona State Bar.
Look Forward and What You Can Do
If you would like to Vote for me, please Write-in, ANH JUNG, click “Add Name” to confirm. Please save your vote confirmation page.
While there may be rumors of a write-in candidate being discredited, I believe this is another tactic management and the attorney wants our community to believe. However, I encourage everyone to keep records of your vote and continue voting for candidates you believe will serve you. There is currently a case pending against the Association with Arizona Department of Real Estate and the Arizona Administrative Courts, and I can assure you, it will not stop there.
Final Thoughts
I write this with tears, not for myself, but out of overwhelming gratitude and pride I am feeling for this community and how we have united in times of injustice. Many of us have never shown interest in HOAs or management, trusting people to fulfill their responsibilities as they should – And rightfully so, because you shouldn’t have to keep a copy of the Declarations by your bedside or in your purse. However, when things persist in this manner for so long, we must equip ourselves with knowledge. I hope I have shed light on the situation, providing transparency, enabling you to make the best choice for yourself and your family as we move forward together no matter what happens.
I am deeply grateful to all those who have continuously shown their unwavering support throughout this process - it is truly remarkable! Thank you once again from the bottom of my heart.
Join The Facebook Group for Homeowners - The Power Ranch HomeOwners Alliance. Click Below.
Last modified: May 29, 2024
Thank you for updating those of us who may have not known.I for one did not but I did VOTE for you today, before I read this. Look for forwarding to meeting you Sat at the Pool👍
Thank you so much for your support and vote, Christine!