Concholakeland HOA, as an Arizona incorporated non-profit organization, has played a pivotal role in the positive transformation of the Concholakeland Unit 6 subdivision in Apache County.
(Side note, Arizona does recognize unincorporated HOAs also, which are associations of owners that have the power to assess members for the maintenance of common areas but are not registered as nonprofit corporations.)
Through generous donations and significant volunteer efforts, the HOA has demonstrated a commitment to enhancing the community.
The HOA’s contributions range from improving the non-maintained roads within and outside of the subdivision to erecting a solar-powered office/store in a shipping container, complete with an Arizona tax license.
Additionally, the donations facilitated the installation of essential infrastructure such as street signs, lighting, 24/7 security cameras, free wifi, and legal fencing to prevent cattle intrusion.
Notably, Concholakeland HOA's initiatives extend beyond the subdivision's boundaries. Gravel donations to portions of N3540 in Vernon showcase a commitment to improving public spaces.
Furthermore, the HOA's dedication to sustainable practices is evident in obtaining a well permit, reinforcing the importance of water conservation in Arizona and Apache County.
Despite these commendable efforts, the HOA has faced challenges, from the county code inspector illegally entering a locked gate,
tresspassing (https://youtu.be/dhzq2KfxFDw?si=wbPb_P2LSR54Muzd) and tagging our shipping container/office that was around a 12k usd donation.
According to the web search results for Apache County, shipping containers are not explicitly mentioned in the building code or permit requirements for Apache County¹².
and with The Apache County Sheriff’s entering the gated subdivision without authorization on 2 different occasions or without a ticket citation agreement in place with the private non-profit organization or without an active life threatening emergency.
1st warrantless entry
https://youtu.be/OuwVSTiVZjc?si=UFhmGCENa5x_0atC
2nd warrantless entry
https://youtu.be/pCGMQqHyeKY?si=20V8HIu81yo-2Guq
However the reason the Apache County Sheriff’s were so wiling to break the law and harassed, intimate, falsely accuse and ticket erroneously is because county commissioner Carey Dobson of the Timberline Ranch is personal friends with the Sheriff’s whom showed up threatening the HOA board members.
According to the Police report, Mr. McHenry called the Apache County Sheriff’s to check on his shed, which is not a legal welfare check. However, the irony lies in several factors leading up to this event.
The Concholakeland HOA did, in fact, attempt to contact Mr. McHenry prior to the legal incorporation of the Concholakeland unit 6 subdivision However Mr. McHenry did not update his address on file with the county assessors or treasures office. Thus, it was returned to the unincorporated Concholakeland HOA in Nov 2022.
Prior to this and ultimately what pushed the residents to incorporate was fire safety and unmaintenced private properties with dangerously tall grass.
Mr. McHenrys shed almost was burnt down from a backing fire in summer of 2022 that was lit from N3540 and was stopped from burning down by both Rev. Joseph Lathus and the Concholakeland President Cynthia Pustelak, ultimately risking their lives and contacting the Vernon Fire Department to come stop the fire.
A detailed recorded account of the direction the fire came from by the burn marks on the bushes/grass, “a fire doesn’t destroy evidence, it creates it“. When a fire spreads, it burns the side of the bush in which it’s direction comes from and leaves the opposite side green or unburnt. Evidence is in the bushes/grass.
https://youtu.be/3SDYKbzBQIA?si=OjDdYHCIkazjTUgd
Mr. McHenrys grass has stayed mowed ever since at the expense of the HOA to prevent it from ever burning down.
However, ironically, right after this was posted on Facebook a month later, there was a backing fire coincidentally in the exact direction of his shed.
Welfare checks are typically conducted to ensure the well-being of individuals, not buildings. This certainly shows the Sheriff’s meddling in civil matters that were non-life threatening. If there is a concern about the safety or status of a person, law enforcement may perform a welfare check to assess the situation. Checking on a building particularly an unoccupied 10x20 shed that had no residents, without a specific concern for a person’s well-being may not fall under the usual scope of a welfare check.
A welfare check is a request for the police to check on the well-being of a person who may be in danger, such as a child, an elderly person, or a person with a disability. The police may enter the person's home without a warrant if they have reasonable grounds to believe that the person is in immediate need of assistance¹.
According to the Arizona Revised Statutes, Title 13, Chapter 38, Section 13-3883, the police have the authority to enter and search any building or property without a warrant if they have probable cause to believe that a person is in immediate need of aid or that a crime is being committed or is about to be committed. However, the police cannot enter or search a building or property without a warrant or probable cause for any other reason, such as a routine inspection, a code enforcement, or a civil matter. Doing so would violate the Fourth Amendment of the U.S. Constitution, which protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
Therefore, the police can only do a welfare check on a building in Arizona if they have a valid reason to believe that there is a person in danger or a crime in progress or imminent inside the building.
- [State v. Fisher](^1^): This case held that the police can enter a home without a warrant if they have an objectively reasonable basis to believe that someone inside is in need of immediate aid. - [State v. Wilson](^2^): This case held that the police can enter a home without a warrant if they have probable cause to believe that a violent crime is being committed or is about to be committed inside. - [State v. Mincey](^3^): This case held that the police cannot conduct a general search of a home without a warrant after responding to an emergency situation, unless they obtain consent or a warrant. - [State v. Bolt](^4^): This case held that the police cannot enter a home without a warrant to conduct a welfare check on an animal, unless they have probable cause to believe that the animal is in immediate danger of serious harm.
Previous to this Concholakeland HOA did mail Mr. MCHENRY to inform him of the HOA formation and of his options, however, this US mail was unfortunately returned to Concholakeland HOA directors as a result of Mr. MCHENRY not keeping a current address on file with Apache County assessors in regards to his parcels. We still have the returned mail.
Concholakeland HOA, committed to transparency and community well-being, was officially incorporated in December 2022. Demonstrating diligence in the process of establishing guidelines for the community, the association recorded its CCRs promptly after publication in the Navajo Times newspaper within the same quarter of its incorporation, precisely on March 29, 2023. This timely action aligns with standard practices for newly formed homeowners associations, and it’s important to note that there is no legal requirement mandating a specific timeframe for recording CCRs. The conscientious approach of Concholakeland HOA reflects its dedication to fostering a well-organized and harmonious community environment.
Democracy at Crossroads: Carey Dobson’s Unique Status as a County Commission Board Member https://readmedium.com/democracy-at-crossroads-carey-dobsons-unique-status-as-a-county-commission-board-member-7be6fe287b93
The subsequent ticketing of the non-profit Vice President for obstructing a public thoroughfare, even though the subdivision aligns with Arizona’s open range laws, raises concerns about eminent domain and the takings clause of the United States Constitution since the n-roads are not dedicated to Apache County and are maintained by Associations and by property owners as per Ferrin Crosby the Apache County Engineer
Even according to ARS §33-4225 it is written
5. If the roads are not publicly maintained, it is the responsibility of the property owner(s) to maintain the roads and roads that are not improved to county standards and accepted for maintenance are not the county’s responsibility.
Source:
https://www.azleg.gov/ars/33/00422.htm
By Arizona law, an easement granted by right to the property owners and/or homeowner association
33-281. Easements; proportionate liability for maintenance; exceptions
A. THE HOLDER OF ANY ROADWAY EASEMENT THAT IS IN THE NATURE OF A PRIVATE RIGHT‑OF-WAY AND THE OWNER OF THE LAND TO WHICH THE EASEMENT IS ATTACHED SHALL MAINTAIN THE EASEMENT.
B. AN EASEMENT THAT IS HELD BY MORE THAN ONE PERSON OR THAT IS ATTACHED TO PARCELS OF LAND UNDER DIFFERENT OWNERSHIP SHALL BE MAINTAINED AS PROVIDED IN ANY AGREEMENT AMONG THE PERSONS
2. FOR AN EASEMENT HELD BY THREE OR MORE PERSONS, THE MAINTENANCE SHALL BE APPROVED BY A MAJORITY OF THE EASEMENT HOLDERS WHO USE THE EASEMENT. Ultimately the HOA and its members.
https://www.azleg.gov/legtext/50leg/1r/bills/sb1034p.htm
According to the Arizona Revised Statutes, a lawful fence is a fence that is constructed and maintained with good and substantial posts firmly placed in the ground at intervals of not more than thirty feet, upon which posts are strung and fastened at least four barbed wires of the usual type tightly stretched and secured to the posts and spaced so that the top wire is fifty inches above the ground and the other wires at intervals below the top wire of twelve, twenty-two, and thirty-two inches⁴. Alternatively, a fence can be lawful if it is made of other materials that are equally as strong and effective as the fence described above⁴.
A gate that is made of other materials equally as strong and otherwise effective to turn livestock as the fence described above would also be considered a lawful fence within the meaning of the section. However, the gate must be closed and secured at all times to prevent livestock from entering the enclosed land. If the gate is left open or unsecured any random person can freely leave the gate open and cause property destruction, leaving the owners or HOA of the property to be liable for any damages caused by the livestock.
According to a Open Range Law in Arizona - University of Arizona Document. (^1^), "the mere existence of a recorded plat or subdivision map does not necessarily mean that the area is no longer subject to open range laws"¹. The document also states that "the Arizona Supreme Court has held that the mere fact that a subdivision has been platted and recorded does not, by itself, constitute a withdrawal of the land from the open range"¹. Therefore, the HOA needs to comply with the open range laws and respect the rights of the livestock owners, unless the land is designated as a no-fence district or a stock law area by the county or the state.
The Private Property Protection Act³, which is a ballot measure that was approved by Arizona voters in 2006. This act limits the use of eminent domain by the government and requires compensation for property owners whose property value is reduced by land use regulations. The act also defines "just compensation" as the difference between the fair market value of the property before and after the regulation. This implies that any improvement that increases the fair market value of the property, such as adding gates or security measures, could be considered as part of the compensation.
There is a potential conflict of interest in Vernon, Arizona
A conflict of interest arises when an individual or organization holds multiple conflicting interests that might impact their decision-making¹². For instance, a doctor receiving money from a pharmaceutical company might show bias in prescribing drugs, or a politician owning a business could prioritize policies benefiting their company. Such conflicts can erode trust and integrity, potentially leading to corruption.
Allegations suggest a possible conflict involving county commission board member for planning and zoning, Carey Dobson & Chris Dobson, cattle ranchers, and the Concholakeland Unit 6 subdivision. The claim indicates that the Dobson, who owns the Dobson Ranch and the Timberline Ranches in Vernon, used to grazed cattle on the private subdivision land until it was fenced per Arizona legal requirements. The resident further asserts that Dobsons, using county powers, have targeted Concholakeland HOA. If true, this situation raises concerns about a conflict of interest. Dobson might have personal and financial stakes in both Concholakeland Unit 6 and Dobson Ranch, potentially conflicting with his duty as a board member to represent Concho and Apache County residents. This conflict could lead to actions favoring his interests over those of Concholakeland Unit 6 residents.
The situation surrounding Concholakeland HOA reveals a stark contrast between community-oriented initiatives and what appears to be an overreach of authority. Despite the HOA's earnest efforts to enhance the subdivision and contribute positively to the community, encounters with law enforcement have introduced an unsettling dynamic.
The HOA's investment in essential infrastructure and sustainable practices should be commended, yet it becomes disheartening when law enforcement actions seem to undermine these contributions.
The unwarranted entry into a gated subdivision, coupled with the subsequent ticketing of the Vice President for obstructing a public thoroughfare, raises questions about the motive and fairness of such actions. Especially when even Google shows if these roads are private or public just by a simple examination of its color.
From a normative standpoint, one would expect that a non-profit organization actively involved in community development would receive support and recognition from local authorities. The stark contrast between this expectation and the reported incidents suggests a disconcerting deviation from standard practices.
In evaluating the situation, there is an apparent discrepancy between the positive impact Concholakeland HOA seeks to achieve and the response it receives. This dissonance can be perceived as not only discouraging but potentially indicative of underlying issues within the local governance and law enforcement structures.
Moreover, if these actions are driven by corruption or ulterior motives, the consequences can be devastating for the community at large. Such incidents erode trust, hinder further community development, and create an environment where the goodwill of volunteers and organizations is met with suspicion rather than support.
In light of these concerns, a thorough investigation into the circumstances surrounding law enforcement actions is warranted. Transparency and fairness are crucial to maintaining the integrity of local governance and ensuring that community-oriented entities like Concholakeland HOA can continue their positive contributions without undue hindrance.
The unwarranted interference and alleged unauthorized actions by the county authorities in Concholakeland Unit 6, including attempts to assume control over private roads without due process, pose severe challenges to the startup non-profit organization. These actions have resulted in detrimental business damages, properly value losses, reputational harm, and financial loss for the Concholakeland HOA.
The Concholakeland HOA, operating as a non-profit, has actively engaged in community improvement efforts, investing time, resources, and financial contributions to enhance the infrastructure within the subdivision. These endeavors, such as installing security gates, over .5 miles of legal 4 wire fencing, security cameras, the 1st solar powered store in Vernon, maintaining private roads, creating street signs and implementing sustainable initiatives like the well permit, are essential components of their commitment to community development.
The alleged unauthorized interference, including attempts to remove private gates and assert control over private roads, not only disrupts the organization’s ongoing projects but also inflicts reputational harm. The Concholakeland HOA’s dedication to community welfare and responsible governance has now been overshadowed by the contentious actions taken by county authorities.
As a startup non-profit organization, the Concholakeland HOA faces financial strain due to operational interferences. The unnecessary legal challenges, potential fines, and disruptions to ongoing initiatives can lead to excessive damages. This situation not only hampers the organization’s ability to carry out its intended mission but also undermines the trust and support of community members.
In light of these challenges, legal counsel may play a crucial role in safeguarding the Concholakeland HOA's interests, mitigating damages, and seeking remedies for any unjust actions imposed by the county authorities. It is imperative to address these issues promptly to protect the organization's reputation, financial stability, and its ability to continue serving the community.
UPDATE:
Unsettling Flyover: Concholakeland HOA Residents Allege Intimidation Tactics by County Commissioner https://readmedium.com/unsettling-flyover-concholakeland-hoa-residents-allege-intimidation-tactics-by-county-commissioner-789a00049820
SOURCES:
(2) Private Property Protection Act - AZ SOS. https://apps.azsos.gov/election/2006/General/BallotMeasureText/PROP%2020X%20%28I-21-2006%29.htm. (3) Case Summaries > Case Summaries Home - Arizona Judicial Branch. https://www.azcourts.gov/casesummaries/.
Source: (1) Open Range Law in Arizona - University of Arizona. https://extension.arizona.edu/sites/extension.arizona.edu/files/attachment/open-range-law-memo.pdf. (2) Open Range Law in Arizona. https://extension.arizona.edu/sites/extension.arizona.edu/files/attachment/2019-March%20Range%20Livestock%20E-Newsletter.pdf. (3) Open Range Law in Arizona - University of Arizona. https://extension.arizona.edu/sites/extension.arizona.edu/files/attachment/open-range-law-memo.pdf. (4) Arizona’s Open Range Law - Government Affairs. http://www.wemargad.org/wp-content/uploads/2018/12/Open-Range-with-links-1.pdf. (5) undefined. http://www.arizonensis.org/sonoran/fieldguide/plantae/muhlenbergia_porteri.html. (6) undefined. https://esis.sc.egov.usda.gov/ESDReport/fsReport.aspx?approved=yes&rptLevel=all&id=R040XC318AZ.
Source:
(2) Public Access Case Lookup - Arizona. https://apps.supremecourt.az.gov/publicaccess/. (3) Open Range Law in Arizona - University of Arizona. https://extension.arizona.edu/sites/extension.arizona.edu/files/attachment/open-range-law-memo.pdf. (4) Arizona’s “Open Range” Livestock Laws - azfb.org. https://www.azfb.org/WebsitePageFile/file/a5f35630-f793-4897-8f2c-aade69abbcc2/Open%20Range%20Docs%201%20web.pdf. (5) The National Agricultural Law Center. https://nationalaglawcenter.org/wp-content/uploads/assets/fencelaw/arizona.pdf. (6) undefined. https://www.azcourts.gov/eaccess.
Source: (1) Open Range Law in Arizona - University of Arizona. https://extension.arizona.edu/sites/extension.arizona.edu/files/attachment/open-range-law-memo.pdf. (2) Open Range Law in Arizona. https://extension.arizona.edu/sites/extension.arizona.edu/files/attachment/2019-March%20Range%20Livestock%20E-Newsletter.pdf. (3) Open Range Law in Arizona - University of Arizona. https://extension.arizona.edu/sites/extension.arizona.edu/files/attachment/open-range-law-memo.pdf. (4) Arizona’s Open Range Law - Government Affairs. http://www.wemargad.org/wp-content/uploads/2018/12/Open-Range-with-links-1.pdf. (5) undefined. http://www.arizonensis.org/sonoran/fieldguide/plantae/muhlenbergia_porteri.html. (6) undefined. https://esis.sc.egov.usda.gov/ESDReport/fsReport.aspx?approved=yes&rptLevel=all&id=R040XC318AZ.
Source:
(2) Private Property Protection Act - AZ SOS. https://apps.azsos.gov/election/2006/General/BallotMeasureText/PROP%2020X%20%28I-21-2006%29.htm. (3) Case Summaries > Case Summaries Home - Arizona Judicial Branch. https://www.azcourts.gov/casesummaries/.
Source: (1) Hunt v. Richardson :: 2007 :: Arizona Court of Appeals, Division One .... https://law.justia.com/cases/arizona/court-of-appeals-division-one-published/2007/cv060624-amended.html. (2) Public Access Case Lookup - Arizona. https://apps.supremecourt.az.gov/publicaccess/. (3) Open Range Law in Arizona - University of Arizona. https://extension.arizona.edu/sites/extension.arizona.edu/files/attachment/open-range-law-memo.pdf. (4) Arizona’s “Open Range” Livestock Laws - azfb.org. https://www.azfb.org/WebsitePageFile/file/a5f35630-f793-4897-8f2c-aade69abbcc2/Open%20Range%20Docs%201%20web.pdf. (5) The National Agricultural Law Center. https://nationalaglawcenter.org/wp-content/uploads/assets/fencelaw/arizona.pdf. (6) undefined. https://www.azcourts.gov/eaccess.
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- [Arizona HOA Laws, Rules, and Information](^1^) - [The Pros and Cons of Unincorporated Condo/HOA Associations](^2^) - [Arizona State Senate Issue Brief](^6^)
Source: (1) Arizona HOA Laws, Rules, and Information — Homeowners Protection Bureau .... https://www.hopb.co/arizona. (2) The Pros and Cons of Unincorporated Condo/HOA Associations. https://www.hoaleader.com/public/Pros-Cons-Unincorporated-Condo-HOA-Associations.cfm. (3) undefined. https://www.azleg.gov/Briefs/Senate/HOMEOWNERS. (4) 33-1802 - Definitions - Arizona Legislature. https://www.azleg.gov/ars/33/01802.htm. (5) 33-1801 - Applicability; exemptions; voluntary ... - Arizona Legislature. https://www.azleg.gov/ars/33/01801.htm. (6) Arizona State Senate Issue Brief - Arizona Legislature. https://www.azleg.gov/Briefs/Senate/HOMEOWNERS’%20ASSOCIATIONS%202022.PDF.
Source: (1) Public Access Case Lookup - Arizona. https://apps.supremecourt.az.gov/publicaccess/. (2) Timothy B. v. Department of Child Safety :: 2022 :: Arizona Supreme .... https://law.justia.com/cases/arizona/supreme-court/2022/cv-20-0318-pr.html
Source: (1) . https://www.azcourts.gov/. (2) . https://www.dochub.com/fillable-form/45502-superior-court-of-arizona-in-maricopa-county-superiorcourt-maricopa. (3) . https://www.kgun9.com/news/local-news/supreme-court-rules-for-arizona-inmate-in-death-penalty-case. (4) . https://www.teacherspayteachers.com/Product/Miranda-v-Arizona-Supreme-Court-Case-Document-Analysis-Activity-Miranda-Rights-1527464. (5) . https://www.mctlaw.com/indian-law/supreme-court-upholds-indian-child-welfare-act/. (6) . https://azlegaldocuments.com/2017/12/overview-az-courts/. (7) Contact the Mesa Police Department | Mesa Police. https://www.mesaazpolice.gov/community/contact-the-mesa-police-department. (8) Social Services - Official Website of the City of Phoenix, Arizona. https://www.phoenix.gov/residents/socserv. (9) How to Do a Welfare Check: What It Is and When to Request One - wikiHow. https://www.wikihow.com/Do-a-Welfare-Check-on-Someone. (10) Pima County Social Service Department in Tucson, Arizona - County Office. https://www.countyoffice.org/pima-county-social-service-department-tucson-az-eef/. (11) Community Health and Human Services | City of Tempe, AZ - Tempe, Arizona. https://www.tempe.gov/government/human-services.
¹: Conflict of Interest Definition & Meaning - Merriam-Webster ²: Conflict of Interest Explained: Types and Examples - Investopedia ³: Concho Lakeland Unit 6, Lot 32, BLK 10 107-35-317 - LoopNet ⁴: Concho Lakeland Unit 6 Block 10 Lot 5, Concho, Apache, AZ 85924 Land for Sale | Landmodo
Source: Conversation with Bing, 1/9/2024 (1) Conflict of interest Definition & Meaning - Merriam-Webster. https://www.merriam-webster.com/d
