My question involves personal property located in the State of: Arizona
I recently sued my HOA to host a removal meeting. The judge at the time ruled that all signatories on the petition were allowed to vote. The judge ruled that the bylaws submitted by the BOD were invalid because they were not signed and/or adopted through minute meeting notes.
The BOD asked homeowners to prove they paid their monthly assessment dues, since the old BOD refused to turn over any financial records.
They started to recreate records through subpoena powers. The accounting is way off and some members are having a difficult time proving they paid their dues for the entire time they have been owners, sometimes people pay in cash, etc.
When I sued the BOD we had no bylaws, meaning anyone in our community could vote, even if they were behind in assessments. Since the court ruled that we did not have valid bylaws, our BOD decided to adopt those bylaws.
My question is: 1. can the BOD adopt bylaws during litigation to change the rules, to disenfranchise votes? 2. did they need membership approval to adopt bylaws? 3. do they need to adopt bylaws at an open meeting?
We are a small complex and majority of the owners want this BOD removed. According to them we are all behind in our assessments unless we can prove we are not.
Thank you for reading and your time.