NOTES ON MEETING WITH LETICIA BERMUDEZ, COMMUNITY SERVICES PROJECT COORDINATOR, DNR, ON FORMING DNR-APPROVED NEIGHBORHOOD ASSOCIATION November 25, 2008 [note: I believe DNR has been merged into CSD, Community Services Dept. - we will continue to use the old acronym, DNR (to minimize (my) confusion)] [note: some information following is from subsequent emails and telephone conversations with L.B.] ** How form city-approved association? Dual structure - create new city-approved association to act in parallel with existing homeowners association? Or single city-approved association - change bylaws and articles to accord with city requirements? Response by L.B.: Advice: create dual structure. Same advice given by Andrea Ibanez, Mike Rankin, and Laura Berge. L.B. sent names of contacts for two associations with dual structure; found more by following leads and using information on DNR website; summaries of conversations follow: Midvale Park (S edge of city at Valencia) Christina Cruz, VP - homeowners associations with CCRs still active - created new parallel city-approved neighborhood association comprising constituency of three homeowners associations - address problems not province of HOAs - use city services to reduce burden on HOAs (mailings, cleanups, etc.) - also created coalition with adjacent nhood assns, to address common problems (e.g.: homeless, rental to criminals) - hierarchy: coalition, NA, HOA - works well, but initially some conflict between business focus of HOAs and support focus of NAs - Cruz very enthusiastic about usefulness and functioning of coalition, NA, HOA structure - principal benefit of NA is directing city support services to nhood - huge numer of residents (50k in coalition?) - noticing by dsd etc not mentioned as significant. Udall Park Joan Lionetti, Secretary - three existing homeowners associations with CCRs still active - created single city-approved NA comprising the constituency of the three homeowners associations - NA works well because of "proactive" president (Anne Stephenson) - NA and HOA boards do not formally interlock, but one HOA is dominant and dominates the NA (Pantano II) - noticing by dsd etc was cited as a principal benefit - they act on them; also, having two separate voices (NA and HOA) increases effectiveness/visibility in discussions. Rita Ranch (Houghton and Old Vail Road) Al Wiruth, President - large constituency - 17-30 HOA included within boundaries - no interaction between NA and HOA - enthusiastic president - active assn - benefits/functions of NA: directing city support, e.g. parks; noticing by dsd etc. Mesquite Ranch (North of Rita Ranch) Randy Pierce, President - single HOA same boundaries as NA - no interlocking, separate functions - enthusiastic pres. - benefits: directing support services, esp. TPD, wrt graffiti abatement and vandalism; cleanups huge; repair sidewalks and signs; newsletters (entirely separate from newsletters of HOA); noticing by dsd etc. important, but just one of many services used. Summary: * Not like EEE situation - in all cases, HOAs were functioning as enforcers of CCRs, etc., and not as enhancers of the well-being of residents (as distinct from property values). * HOAs and NA covering same area were not interlocked and functioned separately, each effective within its sphere. * Noticing by dsd etc. was seen as most important among benefits of forming NA by the most affluent of the groups contacted (Udall Park). * All officers spoken with were enthusiastic, some wildly so - one is uplifted. * Close relations with ward office was repeatedly noted as central to NA function. ** Coalition - another possibility, suggested by L.B. "A coalition is described as an alliance of registered neighborhood associations, organizations, or individuals for joint action. ... Registered coalitions will be provided the same services as registered neighborhood associations..." pro: simple to set up: registration application: a one-page form application cannot mention any existing HOAs; application is by a relatively small number of people (presumably in this instance, for EEEHA and CSHA, the officers of each group, in number at least 10), who would describe themselves as residents wishing to form a more perfect union get effectively same benefits as registered nhood assn: - this needs to be checked: does dsd use list from DNR of officers of coalitions? are coalitions on DNR listserv? is there access to city grants and programs? con: little information available on city websites; language (above) ambiguous wrt whether one member must be registered nhood assn, i.e., whether two HA can form coalition; mailings to all neighborhood residences would not be possible under coalition (mailings only to those listed in application) need more information - city attorney? L.B. is working on questions... ** Benefits of city-approved association: noticing by city departments: DNR list of association officers used for noticing by: DSD zoning variances Clerk's Office liquor applications Transportation outreach meetings for specific projects Police victims rights Planning maintains its own lists for noticing L.B. will send names of contact at DSD help for cleanups: twice per year, access to, at city expense: 4 8'x22' roll off containers for trash disposal tools for cleanup mailings: once per month material sent must be vetted by DNR: no ads or political discussion no mention of homeowners association newsletter printing: vetted by DNR association responsible for preparation of print-ready copy other: listservs leadership mailings workshops Back to Basics grants graffiti abatement meeting space ** Costs of city-approved association: limitations on charter and bylaws conditions not allowed: property owner's rights deed restrictions, covenants assessments from property owners mention of "homeowners association" membership: open to all residents (renters and owners) and optionally open to non-resident property owners businesses voting: dues allowed as a requirement may specify one vote per parcel (or household) with single vote divided among residents if >1 privacy mailing lists: source of list Bender, commercial compiler, using public info Bender leases list to DNR content of list each addressable mailbox in nhood mail is to "Occupant", one item to each address additions to list: nhood association can submit names to be added to mailing list, as an external addon e.g., non-resident property owners access to list: city departments, e.g., DSD Bender can lease to others outside city gov NOTE: list created by Bender from public information does not include any privileged information from nhood association - thus no privacy problem publication of information: all documents submitted to DNR are public record: officers' names and release forms charter and bylaws minutes of annual meeting minutes of meetings that change officers not required submissions, and thus not public: minutes of meetings other than above nhood internally-generated membership list annual audit report some information, e.g., officers' names, is published on DNR website restrictions on mailings: DNR must make certain mailings: notice of annual meeting notice of meeting to change bylaws, etc. DNR censors mailings, i.e., approves them only if: no advertisements no political information, except: can give notice of politically balanced meeting can give voting information restrictions on expenditure of dues: apparently, none, if allowed in bylaws and by ARS e.g., dues can be expended for: legal fees in suit vs city donation to political campaign dissolution of city-approved NA: simple, by letter or by DNR form, with meeting minutes