2024 December InMaricopa Magazine

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more than seven years. “This is the first time it’s been cleaned since I’ve been here. Except there, that’s still dirty.” She pointed to a part of the pier where the white fecal matter appeared almost baked into the wood and cobwebs and dust coated concrete railings and broken light fixtures. But the maintenance of the community wasn’t the only concern for Palumbo and her neighbors. Residents consistently said while fines for yard maintenance, incorrect mulch colors or other fairly minor infractions were annoying, they were tired of spending years feeling unheard in a community they cannot govern. ‘Completely unfair’ Any random homeowner will likely give you a “necessary evil” perspective on HOAs. InMaricopa last month polled 426 Maricopa residents on the fairness of their HOA’s declaration of covenants, conditions and restrictions, or CC&Rs. This document explains the rights and obligations of both homeowners and the association. Maricopa residents, in general, harbored polarized views. Roughly 2 in 5 said they believed their CC&Rs contract was mostly fair, while nearly half of all respondents believed the agreement — which isn’t really an agreement, because signing on is mandatory — was unfair in some way. Some 35% of respondents said they felt the CC&Rs contract was “completely unfair,” and they would disband the HOA if they could. Another 14% said while there may be some merit to having CC&Rs, they still believed it was mostly unfair. Palo Brea resident Paul Kirincic called HOAs a “plague on humanity” and vowed to never live in an HOA community again. “It’s bad enough having to pay taxes and abide by the rules of the federal, state, county and city governments,” he said. “But to add a bunch of Karens on top of that is too much. Never again.” Robert Robran held a similar perspective. “They are not fair in our community, Senita,” he said. “I would not buy in an HOA ever again — it’s a waste of 70 bucks a month. I personally have not had issues with being fined but I’ve witnessed some really outlandish enforcement here.” HOA violated the law, says one man Because Ismael Verdugo moved to Rancho Mirage as a teenager in 2007, many of the problems didn’t faze him until he bought his own home in 2019. The Army veteran said while the maintenance issues have been a concern, the

LITTLE ILLEGAL LIBRARIES

A supermajority of Maricopans live under the thumb of an HOA, so getting hit with a non- compliance fine isn’t uncommon. But some have endured legal ordeals over seemingly innocuous actions that were well- intended — and backed by the First Amendment. At least two Little Free Libraries were shelved by HOAs recently. The program is part of a nonprofit organization aimed at building community and expanding book access through a global network of tiny, publicly accessible libraries. The first was Tellie’s Little Free Library in Alterra in 2022. After rebuilding a version of the library that was stolen in 2021, Tellie Avila’s library came under fire from her HOA the following year. Board members allegedly threatened to “bulldoze and haul away”

Tellie Avila and children, from left: Connor, 7, Sully, 4, and Lily, 2, show off the little library outside their Alterra home.

the library, requesting city permits, inspections, petitions and other reviews to keep the library operating. Avila claimed board members also told her: “People cannot just put whatever they want in their yards,” and “this could start to get out of control.” In September, Anjelic Garza’s proposal to install a Little Free Library in her yard met similar policing from her Homestead South HOA. “The board denied this as it could be added so that the entire community would be able to have access to it,” said Jennifer Jenkins, responding to Garza’s proposal on behalf of the Homestead South Homeowners Association.

She did not explain

which people would not have access to the unlocked, roadside box containing free books, leading many to scratch their heads in disbelief and frustration. “Our HOA can be extremely difficult to communicate with. I don’t know why people can put up political signs and flags, but you couldn’t put some books out for people to give and take,” said Homestead neighbor Erin Kisicki. Currently, four Little Free Libraries are registered in Maricopa: Tellie’s, one at Copper Sky Regional Park and

Rancho Mirage homeownerDonna Palumbo said it is a frequent issue that management companies AAM and Trestle have not dealt with.

Homeowner dissociation Curbside code enforcing ‘Karens’ are ‘a plague on humanity,’ some say BY MONICA D. SPENCER

D

USK ON THE PIER AT RANCHO Mirage begins with fading orange light, the steady hum of commuters returning home from Phoenix and

two in the Lakes at Rancho El Dorado.

hundreds of white flies and mosquitos flitting across faces from their hives in the soggy, patchy grass. The flies appear immediately when approaching the community’s crowning land- mark, a manmade lake at the mouth of the sub- division. During interviews with homeowners there, every person shooed insects from their eyes, mouth and hair. The flies, along with the rusted benches and pergolas, the busted lamps and pier painted white with bird droppings, have been a common sight for years, the homeowners said. One early evening in November, it appeared the neighborhood’s management company finally sent someone to clean up. Well, sort of. “It looks like they power washed it,” said Donna Palumbo, a Rancho Mirage resident of

believes, has led to a surplus of revenue and potential mismanagement of funds. He added that while the new management company, Tempe-based Trestle Management, has acknowledged his concerns about the financial issues and the “poor condition” of the community since taking over in May, little action has been taken. There has been no announcement about when the audit will be completed and keeping the public informed has not been timely. “In that period, they failed to disclose that to any of the residents. They failed to put out an announcement, an email or a letter saying, ‘Hey, this is what may have happened,’” he said. “They’re supposed to let us know under

financials were what really caught his attention. “My wife handled the bills until I went back to school to work on my bachelor’s degree,” he said. “I started looking at them deeper and I don’t like paying for things I don’t utilize. For me, that was the Orbitel fee.” On top of the monthly $84 dues Verdugo and his neighbors each pay, they also pay a $19.63 fee for services from Orbitel Communications, an internet and cable provider contracted for the area since 2005. The only issue is a good chunk of residents don’t use Orbitel and the community’s previous management company, Associated Asset Management, stopped communicating with the cable company years ago. This, Verdugo

Rancho Mirage residents discuss problems they’ve encountered with the management companies for their subdivision at a community park Nov. 7. From left: Kisha Lever, Mike Bushong, Aaliyah Bushong, Donna Palumbo and Polly Ann Lever.

InMaricopa.com | December 2024

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December 2024 | InMaricopa.com

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