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Our HOA President's problematic background

Updated: Sep 20, 2019

Bill Fautsch is the President of the Board of Directors of the Foothills Community Association. He was elected to the Board in 2006, and he became its President in 2007. Here are some of the problems we see with Bill Fautsch:

Bill Fautsch has been president of our HOA for 12 years. This is far too long for one person to serve as president of an HOA. We need someone new as a matter of principle, and we also believe that there should be term limits for directors and officers of our HOA.

Bill Fautsch does not live in The Foothills community. He lives in Tempe. He owns two rental properties in The Foothills, which is what makes him a member of the FCA and eligible to serve on the Board. It would clearly be better to have Board members—particularly a President—who actually live among us in our community. This would certainly afford a different perspective than could be had by someone who just commutes here. Also, would it not be better to have a President of the Board who is one of our neighbors, who owns and occupies a home here, as opposed to an absentee landlord who rents his houses to tenants?

Below are some facts that we find particularly troubling about Bill Fautsch:

In 2005 Bill Fautsch was involved with a company, Impressa, Inc., which filed for Chapter 7 bankruptcy in the United States Bankruptcy Court, District of Arizona, case # 05-03792.

In 2006 Bill Fautsch was involved with a company, Smart Advertising Solutions, LLC, which entered into a $250,000 consent judgment with the Arizona State Attorney General. The settlement resolved allegations by the Attorney General’s Office that Smart Advertising Solutions, LLC, made deceptive and misleading claims to consumers.

In 2007, Bill Fautsch received two citations from the Federal Communications Commission in connection with his company Impressa Inc.’s illegal robocall operations.

In 2010 the FCA submitted its annual report to the Arizona Corporation Commission. For the first time, Bill Fautsch disclosed the 2006 judgment for $250,000 and the 2005 Chapter 7 bankruptcy by Impressa, Inc. These items were required to be disclosed in 2007, 2008, and 2009, but Bill Fautsch failed to do so.

Later in 2010 the FCA amended its 2007, 2008, and 2009 annual reports to the Arizona Corporation Commission because these reports failed to disclose Bill Fautsch's judgment and bankruptcy. In the 2007 and 2008 amended reports, the FCA belatedly acknowledged that this information was the type of information required to be disclosed.

In 2014 another of Bill Fautsch's business, Perfekt Marketing LLC, entered into a consent judgment with the State of Wisconsin Attorney General for allegedly scamming consumers out of hundreds of thousands of dollars and free airline tickets. In addition, the State of Wisconsin has barred Perfekt Marketing LLC from engaging in similar conduct in the future.

We visited the Better Business Bureau website for their review of Bill Fautsch's Perfekt Marketing LLC business and found that the BBB gives him an F rating.

How is it that someone with this record serves as the President of our Board? The May recall election dramatically answered this question, as it revealed how unpopular Bill Fautsch is with the Association’s homeowners. They voted more than 3:1 to remove him from office. So why is he still on the Board? Two corporate members of the Association who collectively control 465 votes and who supported Fautsch were able to trump the will of the homeowners. After more than a decade as the Board’s President, Fautsch was able to muster only 143 homeowner votes to retain him; that is 3% of the Association’s total.

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