Can your HOA block you from using the pool if you say something they don’t like?
ABC 15 Arizona
Joe Ducey
18 September 2016

MESA, Arizona
One local homeowner's association is using a unique approach to ensure residents toe the line: a "block list."

Those who end up on it lose access to the area's pool, clubhouse, laundry room or the community wifi internet.

With such steep penalties, what does it take to make the list?

Rules for the Mesa Terrace Condominium Association read "all HOA Representatives are required to be treated with respect and appropriately at all times."

"In the event an issue escalates as determined by the HOA Representative, that individual may be placed on the Block List. Escalation can include inappropriate words, actions or anything interpreted by the HOA Representative to be inappropriate," according to the agreement all residents must sign.

Attorney Jonathan Dessaules says that language gives all the power to the HOA.

judge jury and executioner

"If we find it inappropriate, we are judge jury and executioner," he says of the association's rules. Dessaules adds the wording is too vague.

"What's appropriate for me may not be appropriate in your eyes. What if you send an email in all caps? Is that inappropriate?"

And if you disobey the block list rules, you could get hit with a $50 fine on top of the lost access to communal resources.

doesn't feel they would hold up in court

Dessaules says he's seen block lists before but doesn't feel they would hold up in court because they are so one-sided and vague.

I asked the Mesa Terrace Condominium Association for comment about the block list and how many residents have landed there.

At this writing, I did not receive a response.

The Block List
Independent American Communities
By Deborah Goonan
22 September 2016

Is the "Block List" yet another way for HOAs to deny First Amendment rights to free speech? Or another way to bully residents to keep them in line?

Suppose a homeowner or resident posts a comment on social media about a disagreement with condo association rules? What if residents exchange emails criticizing the Board, and one of them gets forwarded to a board member? Are these actions deemed inappropriate?

For homeowners, is it prohibited to raise one's voice to a board member?

Would it be inappropriate to video or audio tape the next board meeting, to monitor the board's behaviour? That might be quite interesting!

Or is Mesa Terrace Condo Association board the authoritarian parent, and its residents’ children that must not speak unless spoken to?

Who is affected by this "Block List?"
These rules don't just affect condo owners. Looking at page 6 of the Association's rules, it is made clear that the self-managed 86-unit Mesa Terrace Condominium Association has a high proportion of tenants and absentee landlords.

About Mesa Terrace Condominiums
Mesa Terrace Condominium Association is self-managed. The Board has hired employees and vendors to handle day-to-day operations which include communications, maintenance, accounting, etc. It is important to understand that most of the units within the community are NOT owner-occupied which means most units are occupied by renters. The HOA was never designed for managing individual units in addition to the HOA. It is important to ensure off-site homeowners keep an open line of communications with the individuals residing in their unit. Homeowner is responsible for communications with their tenant(s). IT IS IMPERATIVE THAT ALL HOMEOWNERS AND TENANTS REVIEW THE BLOCK LIST SECTION before allowing any situation(s) to escalate. Especially for Tenants, once a tenant has been added to the Block List, this is a permanent action.

A permanent action?—editor

Starting on page 9, here are the applicable rules for homeowners and tenants at Mesa Terrace:

Communications with Property Managers

1.	Homeowner is responsible for all communications with their Property Manager(s).
2.	The Board will not communicate with Property Manager(s) directly except in the case that the Property Manager has been designated as an Authorized Representative in writing to represent the Homeowner at a Board Meeting. See Authorized Representative Procedure for more details.
3.	Homeowner should ensure their Property Manager(s) are aware of these procedures. Homeowner will be responsible for all fees and fines incurred for improper communications.

Employee communications and harassment

1.	No warnings are provided for this type of violation. Every violation will result in a minimum $50 fine. There is no warning for this violation type.
2.	Employees have been hired by the HOA to facilitate specific tasks at the direction of the Board of Directors
3.	All complaints relating to employees should be presented to the Board in writing by a Homeowner. Complaints will not be accepted from anyone else.
4.	Under no circumstances are Homeowners, residents, tenants, guests, vendors or anyone representing Homeowners, residents, tenants, vendors or guests permitted to approach an employee, knock on employee’s office, visit an Employee at their unit or harass an employee verbally or physically for any reason.
5.	In the event any inappropriate language or actions are directed at the Employee, the Employee at his/her sole discretion may add that individual to the Block List. See Block List procedures for further details.
6.	The HOA reserves the right to pursue criminal and civil charges if applicable.

Not permitted to approach an employee?
The employee can Block people at his/her sole discretion?—editor

Block List

1.	All HOA Representatives are required to be treated with respect and appropriately at all times. Regardless if Homeowner or Resident agree with the HOA policies at no time shall individuals take inappropriate actions and/or communicate inappropriately with HOA Representatives.
2.	In the event an issue escalates as determined by the HOA Representative, that individual may be placed on the Block List. Escalation can include inappropriate words, actions or anything interpreted by the HOA Representative to be inappropriate.
3.	When an individual is placed on the Block List, that individual is no longer permitted to speak with ANY HOA Representative. a. For tenants this includes SMS, E-Mail, In-Person and by phone. Tenants will no longer be considered registered. i. If there are multiple tenants registered, this only applies to the tenant that was placed on the Block List. b. For Homeowners, this includes SMS, In-Person and by phone. i. Homeowners are permitted to attend a Board Meeting and speak with the Board. ii. Homeowners are permitted to e-mail the Board, however the e-mails will not be reviewed until the next Board Meeting and the Homeowner will receive a response as determined by the Board.
4.	All amenities which includes but not limited to internet, the pool and club house are blocked for the unit when a tenant residing in the unit is added to the Block List. a.) If a Homeowner is added to the Block List and the unit is not owner-occupied, amenities remain active. If the Homeowner is occupying the unit, the internet, pool and club house are blocked. b.) Tenants are not permitted to access the laundry room, pool, club house or use an internet code from another unit even as a guest. If tenants are found utilizing any of these locations they will be asked to leave and the unit will be subject to a $50 fine.
5.	Tenants have no appeal rights once they have been added to the Block List. a.) Homeowner’s may not appeal on behalf of a Tenant. Once a Tenant is on the Block List he/she remains on the list.
6.	Homeowner’s may file an appeal with the Board and request to be removed from the Block List. The Board shall have final decision.
7.	The HOA offers a variety of services to residents and homeowners. When an individual is on the Block List, that individual will no longer be able to participate in those services. This includes Tow Alert, Tenant Tutorial, Tenant Events, and any other service that includes communications or amenities. a.) Example: A tenant on a Blocked List will never receive notice prior to a vehicle being towed.
8.	If a Homeowner of a non-occupied unit is on the Block List, the tenant(s) residing in the unit are not considered on the Block List unless the tenant is individually added with cause.
9.	If Homeowner’s tenant(s) are on the Block List, Homeowner is responsible for all communications with Tenant. Tenant will not receive ANY communications from HOA including announcements relating to water shut off, parking lot closures, etc.
10.	If Homeowner is on the Block List, Homeowner will continue to receive HOA communications and ticket updates. ANY reply received will be pending for Board review and response. HOA Representatives will not communicate with a Blocked Homeowner.
11.	If there are multiple tenant(s) in a unit, and the tenant who was added to the Block List moves out, the Homeowner may attend a Board Meeting to document that the tenant has moved out and request that the Block be removed for the unit.
12.	When the current tenants move out Tenant Registration will be cancelled for the Blocked individuals. When new tenants move in and complete Tenant Registration, any blocks that were on the unit from the prior tenants will be removed.
13.	Water Issue/Floods – In the event of a water issue, ANY Blocked Tenant or Homeowner may contact the HOA to advise of the issue and proceed with water shut off procedures. An e-mail should be sent to board@mesaterracehoa.com and a call should be placed to (480) 626-4967. During this process communications will be limited with the goal to minimize all communications. If there is an emergency situation contact the police or fire department.

This marketing video for tenants brags about all of the great features included in the rent—but most of them can be taken away if you end up on the "Block List."

Judging by the reference to advance notice of towing, and the emphasis on flooding issues, the reader has to wonder what exactly is going on at Mesa Terrace?

I wonder how many tenants will want to renew their leases under these conditions? And if the tenants walk away and tell all their friends to avoid Mesa Terrace, who will cover the cost of HOA assessments?

Just another example of a dysfunctional condo association with draconian rules that don't work for anyone.
I am sure these rules work for the board and the manager—editor

Contact us:  Mesa Terrace Condominiums
e-Mail: board@mesaterracehoa.com
Phone: 480-626-4967
Fax:     480-302-5864

Mailing Address: Mesa Terrace Condominiums 2516 Waukegan Road Suite #391 Glenview, IL 60025

Property Address: Mesa Terrace Condominiums 1224 East Evergreen Mesa, AZ 85203

May I suggest a website that this board may wish to link to:
Korean Friendship Association

top

Is HOA making up violations and fees?
ABC 15 TV News
Joe Ducey
21 September 2016

Like walking on eggshells. That's how some residents describe living at the Mesa Terrace Condominiums. They blame their HOA.
 
Arlene Willis has lived there for years. She complains of getting parking fines and towing costs. Arlene says many of the parking lines are faded and hard to see.

"communications" violation warning

Yet, she says, people get towed if they park on the line. Arlene says she also got a $100 fine because the carpet cleaner ran hoses up her stairs, she lives on the 2nd floor; and she got a $50 violation warning because she talked to us. Yes, because we contacted the HOA about Arlene's concerns, they issued a "communications" violation warning. And those don't even include all the late, administrative and collection fees she's been charged and paid.
 
Arlene admits she got behind on HOA payments twice after a car accident and illness when she was on disability. Those fees totaled more than $7,000.
 
Others residents we talked with at Mesa Terrace Condominiums told us similar stories. They blame the property manager Scott Gordon. We couldn't find Gordon.
 
But the Mesa Terrace Condominium Association did issue a statement to us.
 
In part, they say "every homeowner has the opportunity to file an appeal with the Board and meet with the Board if applicable...The Board and Homeowners have spent a great deal of time over the last few years reviewing, refining and implementing HOA policies. All units are billed the same fees determined by the type of violation and # of violations incurred within a 30 day period as per the fine policy. "
 
Do you have a crazy HOA? Call the Assistance League of Phoenix volunteers at 1-855-323-1515.


top  contents  chapter  previous  next