HOA Tries To Evict Woman Dying Of Cancer - Phoenix News Story - KPHO Phoenix
The Florence Gardens Mobile Home Association is trying to evict Carolyn and her husband because they don't meet the minimum age requirement.
It's a 55 and older community.
Carolyn is 51. Her husband 53.
"Where am I supposed to go?" said Silvia. "I have cancer. Where am I supposed to go? This is my home."
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HOA attorney Charles Maxwell won't stand for having Carolyn stay in the subdivision. Claims its a covenant violation. Read the whole thing and see if you agree. Thanks to Fred Fischer for the link.
5 comments:
Mawell says the lawsuit is about money.
Isn't every HOA lawsuit about money - for the HOA attorney?
My dear Governor Brewer, President Pearce, District 7 Representatives, members of the 50th Legislature, members of the Fourth Estate, members of the bar and friends:
“…comprehensive HOA reform legislation setting clear limits on all aspects of the relationship between corporate associations and their homeowner members is long-overdue…” WMB/Brewer, 05/12/2011
The “association bar,” representing its corporate “stakeholder” clients, has a long sad history of selectively enforcing association restrictive covenants against select association members, a violation of Arizona law. [Johnson v. The Pointe Community Association, Inc., 205 Ariz. 485, 73 P.3d 616 (2003)]
Florence Gardens Mobile Home Association’s counsel’s (Maxwell) affirmation, “the association has always been aggressive in enforcing age verification,” is belied by CBS 5 News’ investigation.
Carolyn Silvia, believed dying from bone and breast cancer, is a defendant along with her husband and mother in Florence Gardens/Maxwell’s lawsuit fairly described by Ms. Silvia’s mother, Joan Hayes, as “cruel, mean and inhuman” litigation which “singles-out (sic)” her daughter.
Selective enforcement (“single-out”), generally breach of contract; declaratory judgment; injunctive relief (See Terravita Community Association, Inc. vs. William M. Brown and Anita Bell Stearne, CV2010-052446, August 6, 2010) is the “association bar’s” complaint de rigueur and is (Silvia) yet another “example of the risk to the public of abusive litigation practices run amok…courts are a forum for the resolution of disputes, not a weapon… (Hon. Peter B. Swann, May 9, 2006, North Canyon Ranch Owners Association v. Stacy K. Mobbs, CV2005-015360)
Comprehensive HOA reform is too long-overdue and should be a legislatively imperative next session.
WMB
“…comprehensive HOA reform legislation setting clear limits on all aspects of the relationship between corporate associations and their homeowner members is long-overdue…”
Barbara Hogan did a marvelous job of detailing many needed legislative reforms regarding HOAs. Her handbook is about 50 pages long (not counting the appendix), which ensures that any implementation will be perverted by the industry's lawyer-lobbyists.
Short of HOA abolition (which I am in favor of), only one reform is needed.
Make membership in the corporate association truly voluntary, in that a homeowner can leave the association at any time.
And I don't mean the b.s. libertarian argument that a homeowner who is unhappy with his HOA should move. Libertarians are as ignorant of the real-world consequences of their theories as your typical college campus communist wearing a Che Guevara t-shirt driving around in a Prius sporting a "Hope and Change" bumper sticker.
Truly voluntary membership is the only way to provide a market incentive for HOAs stop abusing homeowners and treat them like customers. Allowing the HOA corporation to have eternal lien rights to an individual American's house is not, no matter what the right-wing says about "contracts."
This modest proposal to prohibit mandatory membership in an HOA union as a condition of home ownership is no more radical than the Republican party's position on mandatory membership in a labor union as a condition of employment.
Those folks who have signed affidavits of their own age being below 55 (shown in the video) have really put themselves on the line for Carolyn in view of the actions of Maxwell. They are the real "community" in this. Now do you think the HOA tends to foster community or destroy it - because others are concerned that if they get involved that they too would become the target of such abusive behavior?
"El presidente" driving by with a camera to take snapshots....is this to whom one is expected to get "due process" in an appeal or for a variance? The "due process" for HOAs is a complete industry diversion. "Due process" is only available from legitimate governments. An HOA corporation is the accuser. There is no such thing as "due process" with your corporate accuser and parties to a "contract" do not submit to the party declaring "breach" to make a determination as to whether breach occurred. Calling such a procedure "due process" is a mockery of due process and inappropriately casts the HOA as a legitimate government body which it is not.
Carolyn may have cancer but it's clear that the entire subdivision needs to be treated for another cancer (HOA).
I wonder if the HOA board has targeted her because of her illness.
Anonymous said, with respect to a Nevada case:
"Comprehensive HOA reform is too long-overdue and should be a legislatively imperative next session."
In my experience and opinion, Nevada is not alone for the need for reform, consumer and human protections within these "privatized, mandatory associations." Pennsylvania, North Carolina...and any state where the innocent and vulnerable may have been/are selectively targeted for these abuses, attacks, for forced homelessness need to act now. Is there an "industry white paper for the SOP," "for how to get them while they are down?" Disgusting, despicable, immoral, unethical, illegal and I guess of no importance to others within these groups, "until it happens to them."
States need to do legitimate investigations and put the perpetrators in jail. Is that too much to ask?
My prayers go to this woman and her family. I hope more of the MSM reports on this case, and every other case in the country, that is similar.
A "thank you," for this AP writer.
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