We, the undersigned members and homeowners of record in the Palo Brea Homeowners Association, hereby petition for the recall of all current board members, specifically President Chris Boettcher (term: 9/29/2022 - 9/29/2025), in accordance with the Bylaws of the Palo Brea HOA (Section 3.03) and the relevant Arizona Revised Statutes (ARS §33-1813).​ This petition also calls for a subsequent special election to elect new board members. Our request is based on the following grounds:

• Ineffective Management: The current board, under the leadership of President Chris Boettcher, has shown a lack of ability to conduct business effectively in the interest of the homeowners. There has been a consistent failure to manage affairs efficiently, causing unnecessary delays and impediments in decision-making that affect our community.
• Over-reliance on Property Management: The board has displayed an excessive dependence on City Property Management, leading to decisions that often favor the management company or its vendors, sometimes at the expense of homeowners.
• Poor Meeting Conduct and Homeowner Inclusion: Board meetings have been characterized by inefficiency, with discussions often going off-topic and lasting excessively long. This has led to inadequate time being allocated for homeowner input and concerns. Additionally, there have been instances of homeowners being muted or admonished for speaking, reflecting a disregard for community engagement.
• Lack of Transparency and Open Meeting Law Concerns: There are allegations of business being conducted outside of scheduled meetings via email, constituting a quorum in potential violation of open meeting laws (ARS §33-1804).
• Failure to Enforce CC&Rs and Design Guidelines: There is a notable inconsistency in enforcing CC&Rs and Design Guidelines. Numerous homes are currently in violation of basic CC&Rs, and the closed nature of, and anecdotal evidence related to the Architectural Review process suggests that decisions may be based on personal bias, in violation of Section 7.01 of the CC&Rs​​.
• Lack of Accountability: The board's decisions against recording online meetings for accurate minutes and a direct request by City Property Management for the former Secretary to take less detailed notes with the and the board’s silent support of that request, in addition to the continued omissions of discussions and motions in meeting minutes suggest a lack of transparency and accountability.
• Disregard for Reserve Study and Financial Prioritization: The board's handling of the reserve study delivered May 2023 and discussion of financial matters has been ineffectual, further highlighting their incapacity to prioritize and address important community issues.
• Potential Legal Risks: The board's inaction on issues like noted playground safety deficiencies and non-adherence to Arizona Revised Statutes poses unnecessary legal risks which could cost the Association significant money.
• Bias and Discrimination in Board Conduct: The current secretary, Larry Crouch (Term: 11/15/2023 - 9/29/2024) has displayed open disdain and bias towards homeowners, which is unbecoming of a board member and potentially violates the principles of fair and equitable treatment as outlined in the HOA's governing documents.

In light of these concerns, we request a special meeting to be organized for the purpose of voting on this petition to recall the current board members. The meeting should facilitate in-person, online, and mail-in voting to ensure full participation by all members. We also propose the consideration of current board members who have demonstrated commitment to homeowner interests for re-nomination, and will identify additional candidates for board positions.

Petition Requirements and Timeline:

• As per the Bylaws of the Palo Brea HOA, Section 3.09, and ARS §33-1813, this petition requires the signature of at least 25% of the Association members to be valid.
• Once validated, a special meeting must be called, noticed, and held within thirty days of the receipt of this petition.
• Notice for the special meeting must be provided in writing to each member at least 10 days and not more than 60 days before the meeting.

We, the undersigned, believe that the current board's actions and inactions have not only failed to uphold the standards set forth in the Bylaws and CC&Rs of the Palo Brea HOA but may have also potentially violated state law. We request immediate action to recall the current board members and hold new elections to ensure that our community is governed by a board that truly represents the interests of its members and manages our affairs with competence, transparency, and respect for all homeowners.