Dear Carmine DeBonis.
In 2004, Jim Mazzocco forced the HOA/developers to go to court to see if it was legal to force us vacant lot owners into an HOA. It was case number C2004-1194, Amelia Craig Cramer was the attorney for the County. (Read entire lawsuit HERE.) The County lost the case but there is new case law that will certainly change the way this subdivision is developed.
Currently, the developer/HOA is threatening to foreclose on 6-year old special assessment liens for the infrastructure/development on my lots worth $600,000. This court case says this is illegal, Dreamland v Raimey, 224 Ariz. 42, 226 P.3d 411:
Deed restrictions for residential community without common areas, containing only restrictive covenants pertaining to each lot owner’s personal residence [this is what we had before the HOA was established], could not be amended by majority vote of lot owners to require membership in homeowners’ association and imposition of assessments, and thus amended declaration of restrictions requiring lot owners to pay assessments to association was invalid.
These developers/HOA “majority lot owners” voted to force us into the HOA and have been stealing our lots one-by-one. It is now time for them to stop.