Friday, October 30, 2015


Please Pass On to Neighbors who may be interested









A group of residents has suggested a group designed around those of us who live here full time 

This is to be a discussion of full time residents over matters here at Anasazi that we feel should be addressed. Issues that are over due to be addressed here.

This will be a friendly discussion among full time residents and the organizing of full time residents to start attending board meetings again so that the full time community goes back to having a voice here again..

Adult Halloween Fun !

Cave Creek, Arizona – Cave Creek Wicked, Arizona’s only all day, all night Halloween event, will be held on Saturday, October 31, 2015.
The family-friendly, daytime portion of the event runs from 11:00 AM to 4:00 PM
The evening costume contest pub crawl runs from 7:00 PM to 2:00 AM.
Cave Creek Wicked Poster
This year, Cave Creek Wicked expands with a number of thrilling events and activities. Exciting new additions include talented teens from around the community performing throughout the daytime portion of the event.

Thursday, October 29, 2015

AZ SB 1468 – holding HOA boards personally liable for going to court

AZ SB 1468 – holding HOA boards personally liable for going to court

SB 1468 is one of three bills that will put into place 

strong and effective penalties against HOA boards who use the threat of law suits to intimidate and punish homeowners into keeping their mouths shut.

 This bill will hold directors personally liable for the HOA’s attorneys fees if they lose in court.

This long needed enforcement of HOA laws against the boards, rather than just the members, comes about as a result of the HOA industry failing to police itself and to oppose intentional and rogue HOA violators. HOA lobbyists pay lip service to the ”5%” bad boards, but oppose any meaningful attempt to reign them in, a gross failure to act as a good corporate citizenship

Well, it’s time to pay the piper! HOAs “have gotten away with murder” against widows, retirees, single parents, minorities, and those who do not have the money or stamina to buck the HOA. Many of which are simply having the board to just comply with the law and governing documents.

Not only are the boards themselves directly at fault, they are also guilty of abdicating their duties and responsibilities under the law and governing documents to their hired hands, the attorneys and management firms. They are negligent in allowing their agents to act without accountability and without proper oversight and restrictions. 

The HOA attorneys make money win or lose by going to court. The HOA attorneys often step across the line and collude with the president and wayward boards to violate the laws and governing documents under the excuse of “in defense of my client.” They violate Arizona R. Civ. P. 11(a) (federal rule 11(b)) that requires,
The signature of an attorney or party constitutes a certificate . . . that to the best of the signer’s knowledge, information and belief formed after reasonable inquiry it [the complaint] is well grounded in fact and is warranted by existing law . . . and that it is not interposed for any improper purpose, such as to harass . . . or needlessly increase the cost of litigation.
and Supreme Court Rules of Professional Conduct, 1.2(d), counseling client to break the law, and  1.13(b), Organization as Client, with respect to knowledge of client breaking the law.
Former Arizona Supreme Court Disciplinary Commission Chair, David D. Dodge, wrote about attorney “overzealousness” in the June 2005 edition of Arizona Attorney. (See my Commentary,HOA attorney fiduciary duty to homeowners).

The pro-HOA forces will immediately cry

“NO one will want to become a board member and the HOA will fail.” Well, I got news. Not too many members are rushing to become board members today, anyway. 

This bill requires the legislators to not only make a just and proper approval of the SB 1468, but to take a proper and just ethical and moral stand against authoritarian, undemocratic private governments that abuse the citizens of Arizona. Violations of the laws and our principles of democratic government cannot be allowed to continue! 

There are existing legal mechanisms today — just as there are mechanisms for HOAs to obtain public street variances, but HOAs prefer their independent principality status rather than be part of the greater community — that will maintain the perceived planned community benefits while holding the HOA government subject to the 14th Amendment as required of all government entities. (See A proposal for the “Muni-zation” of HOAs; Stop developers from granting private government charters).

Homeowners in HOAs have been waiting a long, long time for effective enforcement against HOA violators. Passing SB 1468 is a very good start!
PS. The other bills are HB 2445 and SB 1240.

SB 1468 changes to the law

Notwithstanding any provision in the condominium documents, if a unit owner incurs attorney fees in a court action between the condominium or the board and the unit owner regarding enforcement of the condominium documents and the unit owner substantially prevails in the action, the following apply:

1. The members of the board of directors who voted on the record to support the court action against the unit owner are personally liable to the association for attorney fees and costs incurred by the association in the action.

2. If there is no record of who voted to support the court action against the unit owner, all of the members of the board of directors are personally liable to the association for attorney fees and costs incurred by the association in the action.


Wednesday, October 28, 2015


Monday, Nov. 9, 2015

Monday, Nov. 9, 2015, Management will begin the to perform the pre-testing of the fire alarms and
smoke detectors.  Sierra Fire will need access to every unit to test smokes and horns. It should only take about 5 to 10 minutes a unit.
 As done in phase 1, they will disconnect outside horns and activate the system with a  pull station on a floor and walk that floor then move to the next floor and do the same until all floors have been tested.
 They will then continue to the next building. We anticipate the pre-testing will take about 3 days to complete.
Please be reminded the fire alarm and smoke detector upgrade is a mandatory requirement of the City of Phoenix Fire Department and your cooperation and patience is very much appreciated.

Tuesday, October 27, 2015

Common Courtesy

Now that Fall is upon us, here are some common courtesies we should all try to follow in a large community

Most full time residents wait many hot months to open doors and windows in the evening and overnight.

Real fresh air after 6 months of AC

Please keep noise down in late evening and early morning hours

 Winter residents will be in shorts and full timers in sweat shirts lol

Lets remember when at pools late in evening sound travels,

Also Traffic will start to get heavy again, please observe the 9 mph speed limit, during the winter months there is much more car and foot traffic within the community

PLEASE Park in your parking space, Many full time residents parking in open spaces in summer..Nothing worse than to come home and some one in your space..Im sure all agree

Be careful of bicycle traffic here in winter months, Please keep an eye out for those riding

When leaving pools please put chairs back as to not block next users
access around pools

QUIET TIME IS 10PM-8AM ..Regardless of Pool Hours

Cooler weather is upon us, Time for some patios that need some cleaning ?




Monday, October 26, 2015


Repairs on the fountain at pool #2 will start on Friday, Oct. 30, 2015. 

Pool #2 will be closed for approximately 10 days while the repairs are being done.

Pool Heating

All pools except the main pool at the club house
are now heated through April 2016.

Thanks for The Plug !

You Deserve to know whats going on as a owner !

Had a full time resident stop by on Sunday to let me know that our Treasurer part time resident from Canada  made a comment to board meeting to not read this website as it is all negative

You mean the build 14-15 crowd who claims they don't read and then are all up in arms about what is printed ??  lol  ..Guess they do read !!

Yet this website was what got him involved in wanting to be on board..Not saying he agreed with all here but was a catalyst regardless of what is said, I assure you

Now you find your not Mr Popularity  other than with the winter visitors ..and you want to cry foul

Well for starters since the announcement readership has increased 8% ..So thanks for the plug

As far as negative...Not true ..We just print the truth and what homeowners need to know!

And if you want to address me please do it yourself!  I have not lost respect for you , just some of your decisions as of late

 Received a letter from one of your friends defending you... A DRUNK from Michigan who could not afford to live here any longer ? ..Who must have had a straw in booze bottle while writing and made unsavory comments about my wife and father,and how he voted for me previously

but doesn't like me anymore blah blah blah.... But did not take to heart because even you at one time told me he had issues..I hope he gets help soon ....still trying to be a wannabee from 1962

When you won the election from Janet another one of your fans who allegedly was almost physically assaulted by Janet's son for supporting you...lets not start a new trend here..

FOR THE RECORD ..LOL...My wife doesn't read the blog , input anything..

She tells me to quit trying to conform idiots Im wasting my time...She has a circle of friends here she enjoys, but many of our friends are not at Anasazi so Social events do not interest us in the least..

We do not wait for the arrival of winter residents Sorry many full time residents share this sentiment..Not to be rude but we have lives that continue here on a daily basis, we don't anticipate a changing of our schedule just because you are here

When this new board stepped in there was a period of about 4 months in which all articles here where very positive and board supportive.!!

Then our Board started to fall into old ways here and had to be shown that we are on board here to what is not being done..VERY IMPORTANT ISSUES

Lets start with the Slum Lord CANADIAN COUPLE in build 5..... whose rental to a Alleged gun and drug ring here launched a police investigation for over 3 weeks ?

/And had residents avoiding unit and elevator....IN OUR HOME !!

 People from another country affecting our lifestyle...I DO LOOK TO THEIR NEXT VISIT.......

And also to find out this CANADIAN COUPLE  allegedly uses a false holding company as owner of property listed in Tempe with invalid address ?? NO INTEREST FROM BOARD?

Or the series of crimes here from bikes to break in's by renters to other unit ??


So when this board starts to discuss real issues here we will give them the praise they so long to hear!

We have yet to hear about any progress on ideas to avoid this happening again


To Mr Treasurer....many of us feel that buyers here from north of the border may not have been able to afford living here if not for the housing crunch as many news articles here have shown.

So your 10% ownership here will not outweigh those who live here full time...

So please dont come to OUR COUNTRY and attempt to make rules for us

Bottom line this is America and you are visitors to our country..ENJOY OUR COUNTRY ..But have some respect when here.

As readership here and on Anasazi talk on Facebook both expand weekly I thank you to those here that have continued to support and continue to read


Sunday, October 25, 2015

2015 Charles Schwab Cup Championship Tournament

         Best Senior Golfers in the Game Come to Arizona

This tournament is the last event on the Champions Tour for the year. Not only will a tournament winner be determined, but the Charles Schwab Cup Champion will also be named. The Champions Tour used to be known as the Seniors Tour.

When is the Charles Schwab Cup Championship Tournament?

This tournament returns to the Valley of the Sun in 2015! The dates are Thursday, November 5  - Sunday, November 8, 2105.
It will be televised on The Golf Channel.

How do I get tickets, and how much are they?

Tickets are available through Ticketmaster (Buy Tickets Direct). Daily grounds tickets are $27 each. Week-Long Grounds tickets, valid Wednesday, Nov. 4 - Sunday, Nov. 8, are $70 each. There are also tickets to hospitality areas that start at $99 each.

Are there any ticket discounts or deals?

Active duty, reserve, military retirees, their dependents, and non-retired veterans may show valid military ID along with voucher from Birdies For the Brave at the tournament for free admission. A $1 verification fee per military individual order will be charged. Ticket includes access to the Birdies for the Brave® Patriots' Outpost hospitality chalet presented by Friends of the Military. The Outpost is open Thursday-Sunday and is located on the 18th fairway. Complimentary food and beverages are provided. 
People 18 years old and younger are admitted free with a ticketed adult.

Where does the tournament take place?

Cochise Golf Course at The Desert Mountain Club in Scottsdale.
This is the third time that the tournament comes to this course, the first two having been in 2012 and 2014. Desert Mountain hosted The Tradition for several years.
Directions to Desert Mountain: From the Loop 101, exit at Pima/Princess Drive. Turn north on Pima. Turn right on Cave Creek Road and follow the signs.
From I-17, exit at the Carefree Highway. Drive east on Carefree Highway. Turn left on Cave Creek Road and continue east. After the four-way stop at Pima and Cave Creek Road, follow the signs.
There is a charge to park.

Who competes?

The top 30 money leaders on the Champions Tour are invited to participate. In 2012, local favorite Tom Lehman won the tournament, and was also the overall 2012 Charles Schwab Cup Champion for the second year in a row. In 2013, Kenny Perry took top honors. Tom Pernice, Jr. won in 2014 in a sudden death playoff against Jay Haas. He won on the 4th hole of the playoff.

Will Phil Mickelson or Tiger Woods be playing?

No, they don't play on the Champions Tour. This tour is for golfers age 50 and older. They don't have to be 'retired' from the PGA Tour to compete in this tour. The top 30 money winners on the Champions Tour are invited to attend. Some of the names that might be familiar if you follow golf are Bernhard Langer, Dan Forsman, Tom Watson, Fred Couples, Corey Pavin, Mark Calcavecchia, Kenny Perry, Larry Mize, just to name a few.

What else should I know about this tournament?

There is no cut in this tournament. All 30 players play all four days.

Can I Play Desert Mountain?

The golf courses at Desert Mountain are widely acclaimed, with beautiful desert and mountain views, designed by Jack Nicklaus. Unfortunately, Desert Mountain is a private club, so you must be a member or a guest of a member in order to play golf there.

Friday, October 23, 2015

Thanks Again Wayne !

Just a thank you to Wayne, Sent a note last week that my
carport had holes and was leaking dirt from roof on my car, Thanks for the prompt action and fixing this issue..Appreciated


With all the Executive budget meetings as of late, Has anyone explained HOW MUCH our legal defense with Janet Frintners lawsuit is costing the community in legal fee's.There is never a mention about this !!

On May 14th 2015  
filed a Lawsuit against Anasazi Condos FOR 2 MILLION DOLLARS

Case Number: CV2015-051915 Judge: Gordon, Michael
File Date: 5/14/2015 Location: Northeast
Case Type: Civil  

Janet Frintner   Plaintiff 

Anasazi Village Condominiums Homeowners Association Inc   Defendant  Pro Per 
A A M, L L C       Jeffrey Smith 
Case Documents

Filing Date Description Docket Date Filing Party
6/12/2015  ANS - Answer  6/12/2015   
NOTE: Defendant AAM, LLC's Answer and Affirmative Defenses to Plaintiff's Complaint / EFILE BILLING $237 
6/12/2015  CCA - Cert Compulsory Arbitration  6/12/2015   
NOTE: Defendant AAM, LLC's Response to Plaintiff's Certificate of Compulsory Arbitration 
6/12/2015  NJT - Not Demand For Jury Trials  6/12/2015   
NOTE: Defendant AAM LLC's Demand for Jury Trial 
5/27/2015  AFS - Affidavit Of Service  5/29/2015   
5/14/2015  COM - Complaint  5/18/2015   
5/14/2015  CCN - Cert Arbitration - Not Subject  5/18/2015   
5/14/2015  CSH - Coversheet  5/18/2015


Thursday, October 22, 2015

Board Meeting... Story Hour ?

I will not be able to attend this week's board meeting and look to those reporters who send me an update from meetings on the nights I work with grief families, I have been asked to speak to a new Grief group here in Phoenix with over 3000 members.

 Feel this is more important than the story hour our board has for this month

They plan on having story hour or NARRATIVE about the things coming here in the future, YET We have not seen any progress in last 4 months, So maybe we have them wondering about the full time residents new concern for our community...More Talk and planning for the snow bird and snow pigeon arrival. Along with more stories of Budget and Reserves

Thanks to all who keep me updated in minutes of meetings since it takes 2 months to publish them here

Wednesday, October 21, 2015

No Vendors After 5pm....YET !!!

So one of the rules here voted on by all here was NO VENDORS on property after 5pm and on Sundays Not At All

But again Tues Night

The Century Link Truck was parked at front gate, bring traffic to ONE LANE and making coming home from work a little more Hassle after fighting traffic on roads, don't want to deal with it outside my front door

Maybe with a Smarter thinking board they would have set up at office or mailboxes BUT NOT BLOCK GATE ?



Homeowner Legal Options Against HOA Abuse of Power

Homeowner Associations ("HOAs") are intended to operate in the community's best interest, making the community a more pleasant place to live while also maintaining property values.

Unfortunately, HOAs sometimes become a source of disputes and disagreement that hinder rather than help to achieve these community goals.

 Disagreements are common between homeowners and HOAs regarding community issues. Common examples of such disputes include the unequal enforcement of community rules, disagreements over the interpretation of rules, and disagreements over enforcement actions against neighbors for alleged rule violations.

HOAs have broad powers, the main source of which derives from the community's Declaration of Covenants, Conditions, and Restrictions ("CC&R's" or the "Declaration"). Other sources of power include the community bylaws, architectural rules, and other community rules adopted by the board of directors. Common HOA powers include the ability to restrict land usage through architectural guidelines, the imposition of fines for violations, the recording of liens upon member's homes for unpaid assessments, and the power to sue members to enforce its rules.

Homeowners often perceive that an HOA is abusing its powers for a number of reasons. Personal disputes between neighbors can sometimes boil over into HOA disputes, whereby the HOA's resources are marshaled against disfavored residents. This can lead to a community belief that the HOA is no longer operating in the community's best interest and changes must be made for the HOA to function properly.

Fortunately for homeowners, Arizona has adopted the Planned Community Act and the Condominium Act that provide some protections for homeowners regardless of the powers given to the HOA in its community documents. Arizona courts have also placed restrictions upon HOA power that apply to all HOAs, regardless of the HOA's rules.

Below is a list of some of the actions homeowners can take to restrict HOA power or to ensure that the HOA is acting in the community's best interest.

Removal of Board Members

Any HOA board member can be removed if a sufficient number of HOA members vote to remove this board member. By law, all HOAs that are covered by the Planned Community Act or the Condominium Act have a uniform process to remove board members.

To begin the removal process, a petition must be circulated calling for a special meeting to vote on the removal of the board member.

An HOA must hold this special meeting within thirty (30) days from the receipt of a petition signed by an adequate number of HOA members.

 In smaller HOAs, those with one thousand or fewer units, this petition must be signed by twenty-five percent (25%) of the members entitled to vote in the community or one hundred members, whichever is less. In larger HOAs, those with one thousand or more members, the petition must be signed by ten percent (10%) of the HOA's members or one thousand members, whichever is less.

Once the HOA has received a petition with a sufficient number of signatures, the Board of Directors is required to provide written notice to all homeowners of the special meeting and to hold the meeting within thirty (30) days of receipt of the petition.

 At that special meeting, a quorum of at least twenty percent (20%) of the total owners entitled to vote must be present either in person or by absentee ballot. Assuming there is such a quorum, it only takes the vote of a simple majority of those present at the meeting to remove the board member or members.

HOAs often decide to contest these removal efforts; therefore, it is recommended that members considering removing board members discuss the removal process with an attorney experienced in board removals to increase the probability that these removal efforts will be successful.

Amending Community Rules
The main source of HOA power is found in the Declaration. Nearly every Declaration allows the HOA's powers to be amended. Even if the Declaration does not contain amendment language, it may be amended upon unanimous consent of the community. By amending the Declaration, homeowners can change the HOA's powers, such as limiting the HOA's authority to fine homeowners for certain violations, or even eliminate the HOA altogether.

Amendment provisions contained in Declarations vary widely. Some Declarations allow amendments by a simple majority vote of the homeowners, some Declarations require all homeowners to unanimously approve amendments, and other Declarations require varying percentages anywhere between 50% and 100%.
Amending a Declaration is often difficult due to the significant community support required for such an amendment and the particular rules that must be followed to properly vote on and approve such an amendment. Additionally, the process can become more difficult if an HOA decides to "fight" efforts to amend its power. Meeting with an attorney experienced in amending HOA Declarations is recommended in order to increase the chance that such amendment efforts will be successful.
Restrictions on HOA Power
Arizona law places certain restrictions on HOAs, regardless of the powers given to the HOA in the community documents. Below is a list of some common restrictions on HOA power. If the following principles are not followed, an HOA decision could be invalidated.
  • Board members must act as fiduciaries to the association, meaning all board members must put the interests of the community ahead of their own personal interests when acting on behalf of the HOA.
  • If any HOA action could financially benefit a board member or that board member's immediate family, the board member must state this conflict at an open meeting before voting on the issue.
  • HOAs must act reasonably and treat members fairly. An HOA may not carry out its duties in a manner that is arbitrary, capricious, or unreasonable. In other words, community rules must be reasonably enforced.
  • HOAs may not selectively enforce community rules against particular homeowners. HOA rules must be enforced as equally as possible.
Homeowners are also encouraged to read the article entitled, "Homeowner Association Rights" at for additional homeowner rights in an HOA.
Homeowners can bring a lawsuit against their HOA, and in some circumstances against individual board members, if the HOA abuses its power. Homeowners can ask the Court to declare that a statute or community rule has been violated and request that the Court order the HOA's compliance with that statute or rule.

The prevailing party in such disputes can be awarded its reasonable attorneys' fees and costs incurred in bringing such a lawsuit, within the judge's discretion.

Homeowners and HOAs also formerly enjoyed access to the Office of Administrative Hearings through the Arizona Department of Fire, Building & Life Safety to resolve community disputes.

This process permitted an administrative law judge to review an HOA's actions and order compliance with the HOA's governing documents or state law, in a relatively inexpensive and timely manner. However, in early 2009, this process was declared to violate the Arizona Constitution and this expedited complaint process is no longer available for Arizona homeowners. It remains to be seen whether the Arizona legislature will attempt to recreate this HOA process.

In the meantime, HOA disputes are now solely within the jurisdiction of Arizona's courts.
Lawsuits against an HOA should be viewed only as a homeowners final option if all other efforts have failed. The best method for avoiding HOA lawsuits is usually for the opposing parties to simply meet face-to-face and attempt to work out a compromise.

 Sometimes, it may even be in the homeowners best interest to comply with an unreasonable demand from an HOA. If all other efforts fail, a lawsuit may become the best option; however, a homeowner should meet with a licensed Arizona attorney experienced in HOA disputes to discuss all available options.

This article is not intended to be specific legal advice. It only provides general legal information. You should consult an Arizona licensed attorney if you have a legal issue.  The Bainbridge Law Firm, L.L.C. is experienced in this area of law and are available for consultation. You may contact our Phoenix office at 602-274-6369.