July 29, 2022
Dear DM3 Homeowners,
There have been new developments concerning our HOA that you need to know about.
Recently, the Arizona Supreme Court made a ruling about how CC&Rs in Arizona HOA’s could be legally amended. This prompted us to request an audit by the Audit Committee to verify the vote on our 2019 CC&R amendments to make sure they were valid. To be passed, the amendments had to carry a majority vote of the homeowners. (There are 223 lots in DM3, a majority would be 112 votes). In reviewing the Ballots, they discovered that there were only 84 yes votes and 11 no votes to amend the CC&Rs so the 2019 amendments are not valid.
We consulted our attorney to see how this situation could be remedied. She drafted a Notice of Erroneous Recordation of Declaration of Establishment of Conditions and Restrictions for Green Valley Desert Meadows No. 3 (Revised 2019) and recorded it with the state so we would be in compliance.
This means that since our 2019 CC&Rs are not valid, we fall back to our 2006 CC&Rs which were legally voted in. The 2019 CC&Rs have been replaced by the 2006 CC&Rs on our website, www.desertmeadows3.com. They can be read and/or printed off from the website. If you don’t have the ability to print them off you can request a hard copy from the secretary, Debra Woolley via email at secretary@desertmeadows3.com or phone 360-601-2018.
The CC&R Revisions Committee will be working with the 2006 CC&Rs to explore if and how they can be improved and updated.
Our next Board meeting is Wed., August 17th, at 3:00pm at Abrego South. The Announcement and Agenda for the meeting will be emailed next week.
Thank you.
Your DM3 Board of Directors,
Bill, Randy, Debra, Tom, Marsha, Morris, and Mike