The Motions seek dismissal because they allege others in the HOA, who are not a party to the lawsuit will be injured if the Court rules in my favor. This issue of “joinder” was addressed in the Unit 8 vs Pima County lawsuit.
The other Motion seeks dismissal allegedly because it is barred by statutes of limitations. (This is the one with my Big Secret, lol.)
I told you who Russo was in the post below . . . here’s a little something about me: I once got a person’s house for $300 and then sold it back to him for my costs + $1000.
I bought a Tucson City Improvement District lien (Special Assessment) for around $300, sent the person a First-Class letter warning them they would lose the property if they did not pay the $300, they did not pay so the City gave me a deed to the house (link to the law). I never looked at the house except on Google — it looked good (not abandoned) so I paid the property taxes on it thinking I would do nothing until the house was abandoned or??? About a year later the occupant called me and said, “You have my house!” I said, yeah, I’ll sell it back to you,” which I did. I could have legally kicked him out! I’m sure some people would-have!
My Lawyer’s Response:
There’s no statute of limitations on an invalid contract or CC&Rs, i.e., an invalid six year old contract or CC&R does not become valid with time.