Today the Firerock Community Association Board of DIrectors ratified the Resolution which was approved by the Board last week. The Resolution states as follows: “ the Board of Directors concludes that any proposed future amendment requiring membership in tihe Club or any third party organization will require the unanimous consent of all Association members.”
The Board initially approved this Resolution last week and provided us with a fully executed copy of the Resolution. Upon receipt of the fully executed Resolution, Firerock Freedom of Choice withdrew its proposed amendment.
We believe that the Resolution is sufficient to meet our goal of preventing a mandatory Club membership amendment to our Declaration.
We have been advised by Bill Naumann that his position was misstated in our letter of March 25, 2022. What we stated was what we understood was communicated to us. We do want to clarify Mr. Naumann’s position, which is: any future amendment pursued by the Club which seeks mandatory membership of association members in the Club will not be deemed to be illegal, but will be subject to the Arizona Supreme Court ruling in Kalway vs.Calabria Ranch HOA.
The Kalway decision holds that an HOA amendment cannot create new affirmative obligations where the original declaration did not provide notice to homeowners that they might be subject to such obligations. Kalway rules that such an amendment is unenforceable. To be enforceable, an amendment falling under the Kalway decision requires 100% consent of association members.
We apologize for any confusion caused by this apparent misunderstanding.
To All Firerock Residents and Firerock Freedom of Choice Supporters:
We feel that now is an appropriate time to share with you our thoughts and reasoning on why we created the Firerock Freedom of Choice group and where we stand today.
As many of you know, it all started January 11th, 2022 with an email from the Firerock Community Association (FCA) advising us that a petition had been filed and that there would be a special meeting to vote on an amendment. Initially, we were not provided with the amendment but subsequently received it from the association.
In essence, the amendment presented by the Firerock Country Club (FCC) to the FCA for vote required that all residents of the community be mandated to become members of the FCC. The amendment had additional vaguely worded requirements that would also become mandatory for residents within the Firerock community.
As we processed the amendment’s language it seemed apparent to us that not only was it wrong but illegal.
Research into the amendment’s validity resulted in the discovery of the Dreamland case where the Arizona Appellate Court ruled that a majority of homeowners could not force the minority to become members of a club when the forced membership was unforeseeable as the Declaration did not give notice of it.
This ruling confirmed that what the FCC was attempting to do was not only wrong but illegal. At that point, we took action by engaging supporters from all sections of the Firerock community and started a campaign to protest the proposed mandatory membership amendment.
As many of you know, FCC withdrew it’s amendment and Firerock Freedom of Choice initiated it’s own petition. A subsequent amendment was presented to the FCA that in essence, would prevent FCC from forcing mandatory membership on its community.
The FCA accepted the petition and the amendment and scheduled a meeting of their board to set the date for a vote which was to be on or around April 25th.
On March 22, 2022, the Arizona Supreme Court published a ruling which relied on Dreamland and affirmed its ruling and reasoning. The Supreme Court effectively ruled that mandatory memberships not contemplated by the original declaration are not enforceable. This validated our core objection to FCC’s attempt at mandatory membership to not only be wrong but illegal.
With the cooperation of the FCA and specifically Board President Bill Naumann, we came to an agreement regarding our amendment. The FCA promised they would enact a resolution stating that any further attempt by the FCC to force club membership on residents of the Firerock community would be deemed illegal pursuant to the Arizona Supreme Court opinion in Kalway vs Calabria Ranch. The FCA also assured that they would not allow the Club to pursue an amendment that mandated membership to FCC.
Given that, we decided to withdraw our amendment once we review the language of the resolution and it is passed by the FCA. This will accomplish the goal of our campaign.
We want to thank everyone we have communicated with over the last couple of months for their assistance and support. We genuinely hope that the community will heal from the divisions caused by the efforts of the FCC, and we do wish the FCC success. Their success should succeed on its own, not on the forced memberships of community residents.
Firerock Community Association - New Petition - March 7, 2022
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