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A concerned citizen

Saint Paul, MN

#25 Mar 6, 2013
You, anyone of you need to contact that TV station - channel 12 I think. The one that does the stories about things just like this, and expose Rossmar & Graham for what they are,=. There are too many HOA's who get away with murder because NO ONE DOES ANYTHING ABOUT THINGS THAT ARE WRONG. Plenty of people will whine an cry and then sit on their butt and do nothing. Then expect NOTHING to get done!! Be proactive and do SOMETHING! No matter how small, it could make a difference - you won't know unless you try though.

Since: May 11

Location hidden

#26 Mar 6, 2013
Board members should take action. Pressure them
By Law

Mesa, AZ

#27 Mar 31, 2013
Beat em at thier own game wrote:
<quoted text>
Read the Rules as they were written at the time the charge occurred. Rules today mean nothing only the rules then in effect. This includes the CC&Rs effective at the time. If amended in 2010, it means nothing if done after the charge was incurred.
There are also statue of limitations on debts. 6 years could be to long and make the debt invalid. If you knew about the charge 6 years ago and sent a letter of dispute to the correct address. But, never got a response to your letter and statements were never sent to you notifying you that the account was delinquent. Or if the account was not verified by the HOA after sending a request to verify the debt. Then the debt is not collectible and the debt must be wiped out.
If you did what you were supposed to do and followed the rules and governing documents. Then hire an Attorney that defends homeowners only. Most HOA attorney's will take cases from HOAs and Owners. You want legal counsel that only represents the homeowner or little guy.
By law, the only thing they can legally collect is delinquent HOA dues ... they cannot collect the $2000 charges posted on a $15 rebill fee; a judge would laugh them out of court. You should have asked them to waive the rebill fee when it was incurred, however, that cannot put a lien on your property for anything other than past due assessments (and late fees and rebill charges are NOT assessments, nor are violation fines). Rossmar & Graham makes a lot of money on late charges and rebill fees ... mainly because their billing statements prove to be confusing to a large number of people. You think the HOA residents are unhappy? Just look at the 8-10 positions that R&G currently has posted on jobing.com - they can't keep their employees either ....
By Law

Mesa, AZ

#28 Mar 31, 2013
Taxpayer for years wrote:
Board members should take action. Pressure them
Ultimately, it is the responsibility of the volunteer board members to keep watch over the community manager and whether they are performing according to the CC&R's. The Board also has the ability to waive fines and fees imposed on residents, but they do not have the authority to waive past due monthly assessments. It is the community documents that make the rules, not the management company. But, it is the Board of Directors that should be monitoring the community manager to make sure they are professional. ethical and doing their job correctly. Quite often a Board will keep a bad manager, just because they can control that manager ... and that is what leads to a chaotic, dysfunctional community.

Since: May 11

Location hidden

#29 Mar 31, 2013
By Law wrote:
<quoted text>
Ultimately, it is the responsibility of the volunteer board members to keep watch over the community manager and whether they are performing according to the CC&R's. The Board also has the ability to waive fines and fees imposed on residents, but they do not have the authority to waive past due monthly assessments. It is the community documents that make the rules, not the management company. But, it is the Board of Directors that should be monitoring the community manager to make sure they are professional. ethical and doing their job correctly. Quite often a Board will keep a bad manager, just because they can control that manager ... and that is what leads to a chaotic, dysfunctional community.
They may keep the manager for other possibly selfish reasons. The manager works for the directors, therefore controling him or here should not be a problem. "your fired"
By Law

Mesa, AZ

#30 Mar 31, 2013
Beat em at thier own game wrote:
<quoted text>
Read the Rules as they were written at the time the charge occurred. Rules today mean nothing only the rules then in effect. This includes the CC&Rs effective at the time. If amended in 2010, it means nothing if done after the charge was incurred.
There are also statue of limitations on debts. 6 years could be to long and make the debt invalid. If you knew about the charge 6 years ago and sent a letter of dispute to the correct address. But, never got a response to your letter and statements were never sent to you notifying you that the account was delinquent. Or if the account was not verified by the HOA after sending a request to verify the debt. Then the debt is not collectible and the debt must be wiped out.
If you did what you were supposed to do and followed the rules and governing documents. Then hire an Attorney that defends homeowners only. Most HOA attorney's will take cases from HOAs and Owners. You want legal counsel that only represents the homeowner or little guy.
Did you request the rebill fee be waived back in 2006 when it was incurred? Your Board of Directors has the authority to waive any "soft costs". The only items that they can legally apply a lien against your property for is the monthly assessment dues. Any judge would find $2000 in "fines" on a $15 rebill fee to be excessive and unreasonable. I would approach the Board of directors and ask that the late fees on that $15 rebill fee be waived; the board has the authority to do that. And since Rossmar & Graham would be the ones benefiting from the $2,000 in late fees, and not your HOA community, the board should be willing to do this for a resident (as long as his monthly assessments have been paid in a timely manner).
MikeF

Henderson, NV

#31 Sep 3, 2013
I own a home in Maricopa, AZ (which I am trying to sell – I live in Las Vegas but travel to the house in Maricopa EVERY other Mon-Wed ) and the HOA – Rossmar and Graham – Has been bullying me for months. They went as far as to take a picture of my trailer ATTACHED TO MY TRUCK backed into the driveway and garage. I was loading garbage and they hid out of view and took a picture of the trailer, attached to the truck, backed into the garage and driveway while I was actively loading garbage onto the trailer for a trip to the dump. I was in the driveway for a total of 50 minutes. They also cited for blocking the sidewalk. This is an ambush tactic. 2 weeks ago, I trimmed bushes. I left 2 pieces of trimmings in the yard and they cited me $100 for weeds – it wasn’t a weed, it was a trimming that dropped while cleaning up. BUT – 8 of my neighbors had weeds. If I got a $100 and they only got notices, wouldn’t they be weeding to avoid the charges? Nope, because they aren’t getting cited. AND my neighbor’s garden hose has been strewn across my yard for three weeks now. ITS EVEN IN THE PHOTO OF THE “WEED” THEY SENT ME. Who is photographing? Is i a residen or a Board Member? Whoever it is, they are hiding ot when they take the pictures. I took multiple pictures of other neighbors' yards. They all have weeds. I would have to assume THEY got their Violation letters before I got mine since mine had to travel out of stae, yet - I took care of my yard before them? I highly dubt it. I don't think they are fgeting cited at all. The lady across the street from my home has no job. She sits outside watching me maintain my yard for hours in the hot sun. Jobless? A log time ago, she asked me if she could pull my weeds while I was away in LV because that was what she does for money. I told her no thank you. Could she be the one takin pictures of my yard and letting all the other houses go? Extortion? Sounds paranoid, I know.

Since: Mar 14

Location hidden

#32 Mar 26, 2014
So does anyone have any updates on what happened with their situation? I am currently fighting these guys due to the fact that their Accountng Department is incompetent. It's a joke. Did anyone fight them and win? Did anyone report them to anyone? Thanks!:-)

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