Homeowners Association Nightmare

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Homeowners Association Nightmare
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I own about 50 vacant lots in these subdivisions. I’m not sure the amount of delinquent HOA dues owed on each of the lots but to give U an idea: On lot 67 in Unit 5, which I’ve owned since 9 April 1997 (this is the first vacant lot I got through tax lien foreclosure), I owe 3 on delinquent dues going back to 31 Dec 2005. I can probably get any delinquent dues over three years old dismissed if I go to Court. I risk the HOA demanding all dues at once. I’ve been paying 00/year. (I can’t afford health insurance.) I’ve been telling the HOA management company to pay off the most recent dues first but the last time I spoke to them they said, "Oh, I thought you told us to pay off the oldest ones first," so I’m not sure if the last payment was for naught.

The vast majority of the lots (maybe 93%) is owned by a group of lawyers. The previous majority lot owners went bankrupt when the housing bubble burst. National Bank of Arizona, which financed the development lost -million.

Unit 5 is incompletely developed, it has all the infrastructure except streets. To finance the development, we (the minority lot owners) were forced to join an HOA. An HOA existed on paper since 1960 when this land was subdivided but that went bankrupt too so the HOA was inactive. The revived HOA was challenged in Court by the County, they said ALL of us minority owners had to agree to the HOA. For some strange reason, the Judge sided with the Majority owners, who wanted the HOA. Those Majority owners never paid HOA dues. For the development in Unit 5, the HOA levied k (maybe more, I forget), I own 10-lots in Unit 5. The HOA found some rich suckers to buy the HOA assessment liens on our lots. I could write 1000-more words about the previous Majority owners and one of the poor suckers who lost a million buying assessment liens. I can go to Court and get all these assessment liens extinguished but I’ll probably have to file separate cases against 11 defendants unless they give me a quitclaim deed.

I could also write 1000-more words about the current Majority lot owners . . . .

KB Homes is currently building in Unit 2. I have two complete lots there with k/lot invested in the infrastructure. The buyer for KB said they are interested in my lots but at a steep discount . . . if they are still in business when they decide on buying more lots.

Every day I think about this. A few years ago I thought this was going to make me a millionaire. I sold three finished lots in Unit 8 for 5,000.

Units 5, 7, 9 & 10 are all vacant lots. Why should we be paying HOA dues on these lots?! Look where the $$$ goes!!!! I never received a "Master HOA" budget . . . look how much money they get! For what!!!!!?????

Words can’t describe how this makes me feel! This extortion has to end.

I have consulted with a few lawyers, one wanted 0,000 up front, lol. Two others said they had conflicts of interest. I have gone to the Court of Appeals myself and won a case, they even published it. I live 1/2-mile from a law library and know how to do research there and several legal concepts like, "unconsciouable contract" and "against public policy." The majority owners are lawyers but not in realestate. One of the other minority lot owners is a lawyer but specializes in patents, he has good advice.

Map shows location of Unit 2; Unit 5 is east of 2, all the other Units are south of these.

Click this link to read these in original size.

UPDATE (April 2012): KB Homes is no longer building in this subdivision and the Majority Lot owners did not show up at the latest HOA meeting.

UPDATE (Feb 2013): I made a blog about this nightmare: sycamorevista.org/

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