My Lawyers Respond to the HOA’s Motion to Dismiss

My lawyers have asked for suggestions for witness list, I have questions about the following:
  1. I thought our HOA dues covered lawsuits and that the HOA had their own lawyer on retainer, so why is Russo’s law-firm representing the HOA and why are we being assessed for defending my lawsuit?
  2. Isn’t what they are doing a conflict of interest?
  3. I doubt there are any private lot owners that approve of the HOA anymore . . . wonder if we should request mailing list from HOA to survey lot owners?
  4. Looks like the HOA and Russo have no defense, what are they trying to do, do they think the Judge is corrupt or are they trying to drain all my money?
  5. I wonder if we should add Derry Dean Sparlin Sr to the witness list . . . he’s the one who is suing Utsch & Figureoa, etc. for securities fraud. In his lawsuit (click link, above) they mention Sycamore Vista/”Corona”/New Tucson.

Other witnesses:

Bob Bambauer, the Tucson KB Homes Vice President who came to our HOA meeting to tell us we were being ripped off by the prior developers/majority lot owners.

Steve DeGregorio, to testify how he got permits to build on his lot. (Prior majority lot owners would always lie about our ability to use our lots “as is.”) Mr. DeGregorio has a lot in the new development in Unit 5. He is also a board member of Unit 5. He’s upset because the prior developers bulldozed his house and septic system without compensation. It’s his cabin and old Studebaker in the header-picture.

Thomas W. Sullivan, the one I sent Notice to pursuant to quiet title against the Special Assessments which are the subject of this lawsuit. This whole lawsuit developed out of me sending Sullivan a Notice pursuant to a Quiet Title action to remove the Special Assessment liens on my lots that he was assigned. I sent his lawyers a quit claim deed and a few weeks later Russo said he owns the assessments and he paid $12,500/lot. Why did Russo do this to me????

Maybe (call as witnesses) some of the original buyers who believed there would be roads and infrastructure on their lots at no extra cost.

I received a call from a man who said he has talked to Steve Russo about buying all the lots but Russo is asking for too much. The person who called is a local builder/developer. I told him how in Unit 4 (where the golf course is), someone installed water and electric to my lot and never asked me for any money. He sounded kind of stunned by that. I wasn’t . . . all it is is cheap wiring and pipe plus a few metal/fiberglas boxes, not more than a few hundred dollars worth of materials and labor.

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1 Response to My Lawyers Respond to the HOA’s Motion to Dismiss

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