Transition Clarifications

by Nicole Careaga

This month I felt it important to provide some clarification about the biggest buzz around Toscana…Transition. As you know, 2022 will be an exciting time, as the community will be transitioning from developer-control to a resident-ran HOA.

What does that mean for you? Well, it means you will notice some minor changes around the community; most notably that your neighbors will now be the full force behind all decisions being made. This includes projects we may be doing, contract negotiating, annual budgeting, assessment amounts and much more.

Things to know:

The Toscana Association is managed by CCMC, a professional Management Company. The contract for CCMC is similar to that of your other contracted vendors, such as the onsite landscaper, pool vendor or janitorial team. In a developer community, this can be confusing, as many residents associate the management team as "decision in the community, especially when the real decision makers (your Board of Directors) are not members of the community. I want to clarify that all members of the management team from the gate house, night managers, maintenance and office staff are all employees of CCMC. None of us work for, or have any affiliation with, the developer. As we transition to resident-control of the Board, the management team will continue to act as directed by the Board of Directors at open-session Board meetings.

The rules that govern an HOA such as ours are the same regardless of who is in power. Toscana must follow the Arizona Condominium Act. The Condo Act regulates things such as Open Meeting Laws, Delinquency Proceedings, and Voting Requirements.

We also have to abide by Fair Housing Laws. Fair Housing ensures that the association and all of its members are not discriminating against anyone based on age, race, gender, religion, marital status or disability. Fair housing is why we don ’t have things like an adult pool or swim times. This also governs language we use, such as not being able to say "Over 21yrs of Age, " or "Adults Only" at an event. The Association is not able to tell someone they can ’t bring their child to an event, even though there may be alcohol present. It is up to the parent to make such decisions. These laws will not change after the period of Declarant control ends.

Additionally, the transition from developer- to resident-control of the HOA Board will not change handicap parking laws. As such, the Toscana HOA will not have the authority to dictate which residents and guests can and cannot park in handicapped stalls. These stalls are for the benefit of disabled individuals and are available on a first-come, first-served basis for any registered resident or guest with a valid handicap placard or license plate. The only restriction on these stalls is that residents may not use the stall to store their vehicles for long periods of time and they cannot be used as an additional parking stall for units that do not have enough underground spaces (i.e. if you are using a handicapped stall, you must leave one of your parkade spaces empty).

Fair Housing and the Arizona Statutes also protect those that rent. As a renter, you are able to participate in all of the amazing Toscana events, and meetings. The only restriction you have as a renter is the inability to vote in the Board elections. However, as you live here and know the happenings, we always encourage you to discuss the election with your owners to assist them in their vote.

If you have any questions about transition, the laws governing our community or anything else involving your HOA, please don't hesitate to reach out.