HOA is threatening me again. God knows what they are trying to do but it’s like extortion and feels like a threat. As you know, Unit 5 consists of vacant lots, Unit 2 has only a few lots left. The prior majority lot owners agreed to help us sell our lots to builders because they knew builders would not buy from us unless we had ten or more lots to sell; current majority lot owners will not help us sell but they recently helped the prior majority lot owners (who are being sued for securities fraud involving these lots and others) sell lots they got through threats/intimidation to foreclose bogus assessment liens.
Over the years I have paid over $10,000 in HOA dues. Part of the reason I paid was I was afraid they would steal my lots. I wanted to wait until the assessment liens expired so I could clear the liens off my lots and then sell them. Upon sale I would pay the dues under protest. Some of the dues are over three years old, which means they are uncollectible under statutes of limitations.
I know several lot owners who were intimidated by the HOA and assessment lien-holders into giving up their lots. One person gave a lot to me and said, “if they come after you for the money, let me know.” Theoretically I think the lien-holders could steal everything I worked hard for all my life to collect the value of their bogus liens.
Here’s an example of how useless this HOA is (note that lots in Unit 9 and 10 will not be developed for 10 years, yet they still expect us to pay HOA dues):
This HOA is unconscionable, no one in their right mind would tolerate this. I asked them once, “what benefit does the HOA provide” and they said, “insurance.” I told them my homeowner’s insurance policy insures vacant land I own and I know no one who insures their vacant land.
I just do not know what to do!
EDIT: Lawyers said to wait until we finish litigation.
Just got more notices today for my lots in Units 7 and 8.
Causes me to think: The only other person I met who is like Mr. Russo was someone who would go to the courthouse and undermine my tax lien foreclosures. I confronted the underminer and told him what he was doing was rotten. He said he undermines his friends too!
That tax lien underminer worked for the prior majority lot owners who also got most of their Sycamore Vista/New Tucson lots through tax lien foreclosure. Technically, undermining like what Russo and the other person did (Russo undermined me when I was in the process of foreclosing Mr. Sullivan, one of the assessment lien-holders) is not illegal, it’s just rotten, like the looting on Wall Street wasn’t illegal because Bill Clinton, in the last daze of his presidency signed legislation that legalized the looting.
The HOA 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.
One could also say tax lien foreclosure is rotten but you choose to not pay your property taxes . . . I did not choose to be a member of this HOA, it was forced upon me (I objected and the County forced the prior majority lot owners to sue) and its consequences (incompetence of the prior majority lot owners, dumping 10,000 truckloads of dirt on Unit 5 and liens on vacant land that will not be built on for many years, etc.) were unforeseeable.
The only thing the HOA “insurance” covers is libility for anyone being hurt on “common property” or at their “facilities” (Mine has a pool, spa, club house, pickleball courts) and amenities therein (kitchen, pool cover, bathrooms, barbeques, etc).
Their insurance does not even cover the sidewalks, although the streets may be City as mine are, those are covered by the property owner, who should have a liability insurance even on an empty lot, especially in this society of today when someone will cook up anything to sue you over. I notice they don’t even show the mandatory “Reserve Account” in this budget, which is mandatory for all HOA’s. Are they even legally incorporated?
What area of the Tucson area are you in? If it is the Vail area I see that area really taking off if they incorporate, and the lots should have much improved value.
You really have a mess on your hands. Michelle Lind, Esq., with the Az. Assn of Realtors might be able to give you some direction,
Jane Horton-Leasman, Broker/ABR
Green Valley Buyer’s Advantage
Hi Jane, thanks for the support and info. This is one of the many new subdivisions in the Houghton & Sahuarita area where there are all new schools. I have owned some of these lots for almost 20-years and hoped to sell them and retire. In the Unit 5 there were no roads until a month ago, no sidewalks, the other Units, 7, 9 & 10 are just dirt. Most of Unit 8 is dirt.
Wow,Raquel, that is a fantastic area for the future. Will you be a part of Vail. It would be wise of these HOA’s to petition to be in the town. I used to drive Sahuarita Rd to Houghton to go to the VA Clinic at Houghton and Valencia. Some gorgeous country up there.
I am now retired, although still have my license until Feb.’15. When I lived in this area (GV) from ’82-’91 before we moved to Oro Valley I worked very close with a beast of a Broker in doing referrals when she worked for the original Fairfield. Debby Lamb (Glenn). They also have a pretty large construction company and moved up to the Vail area and built a large home. If she is still in business, Debby, usually knows EVERYTHING going on in the area and how to work with situations like yours. I haven’t seen or heard of her since I came back from Scottsdale and built here in Sahuarita/GV (I have a GV address and actually live in Sahuarita.) If the Rosemont project ever gets off the ground that should help you in selling some of your lots. They are buying property on both sides of the mountain.
I sure would hate to see you lose the lots when you have held on so long.