Is Tucson, AZ HOA overstepping its authority?


 

http://www.kvoa.com/clip/12026511/n4t-investigators-hoa-hassle

Coronado Place HOA has been issuing speeding tickets. Arizona law gives Association-Governed communities the authority to ticket residents for speeding on its private roads.

But homeowners claim these fines are invalid for various reasons. So several have not paid the speeding fines of $100.

The HOA responded by sending letters threatening to shut off water to units of owners who fail to pay their speeding tickets. That prompted owners to contact Matthew Schwartz at KVOA TV to investigate. An attorney contacted by Schwartz says that Arizona statute does not allow HOAs to shut off utilities as a penalty for speeding on private roads and not paying their tickets.

One owner is threatening to counter sue the HOA if they shut off his water for disputing tickets he received for vehicles that don’t even belong to him.

Coronado Place HOA later back-tracked and said that they made an “administrative error” and that water shut off letters were only supposed to go to those owners who are past due on assessments, not to those being fined for traffic violations on association roads.

But that begs the question: what happens when the unpaid fines morph into past due assessments? Can the HOA shut off the water utility in that case?

As you can see from the video, the board President won’t talk to the reporter. Owners are now said to be organizing petition for her recall.

Broken wall, Burglary and BB Guns


It’s been a very busy month for the gang of students who hang out in the wash between Keener and White Water.

They have dismantled a portion of my wall, broken into a neighbor’s house, stolen items from that house and at least one other neighbor’s yard, thrown rocks at residents, and now shot pellets or BBs through the windows of at least two houses on White Water.

All of these events occur between 7:30AM and 3:00PM on school days.

Top photos: Burglars with stolen items running from 4141 E White Water

Bottom photo: Shooters with pellet gun, firing at windows over back wall.

Did you get your ballot on the mail?


Desert Vista Estates annual meeting to elect/re-elect Board members will be held on November 17th at 6:00 pm at Quince Douglas Library. DVE management company mailed one ballot this week to each member for those who can not attend the meeting to cast their ballot. If you did not received your ballot and can not attend the meeting, contact Associa management company 520-742-5674 or by email at tucinfo@associa.us

More options to communicate with our neighbors


For those of you who have not hear about it already, there is a social website growing in popularity called www.nextdoor.com.
People who wants to register has to go thru good/strong address verification methods. The website covers the whole USA address. Currently, Desert Vista neighborhood can be found at http://desertvistaterrace.nextdoor.com There are even post from Tucson Police officers. check it out!

nextdoor

Desert Vista Estates Election of Board Members


Per DVE bylaws, every year Board Members need to be elected (or re-elected).

Click here to download the application form.

Below is the text from an invitation letter received yesterday.


DESERT VISTA ESTATES

INTERESTED IN BECOMING A BOARD MEMBER?

The election to staff the Board of Directors will be held at the

Annual Meeting of the Members on November 17,2015

There will be five (5) seats available on the Board of Directors. If you are

interested in running for a position on the Board, you must fill out the enclosed

form and incIudea brief personal biography; Per Desert Vista Estates governing

documents, only Association Members/Lot Owners may serve on the Board of

Directors.

The Desert Vista Estates Annual Meeting is scheduled for November 17, 2015.

A slate of candidates needs to be established by October 18, 2015 in order to

mail absentee ballots within the appropriate time allowed by the Desert Vista

Estates governing documents.

Please return the enclosed form by October 18, 2015 to the following:

Desert Vista Estates

c/o Associa Arizona

6840 N.OracIe Road, Suite 130

Tucson, AZ 85704

Fax (520) 742-1523

Please contact Shaw Douglas, Association Manager at (520) 742-5674 with

questions regarding the Board positions or the Annual Meeting.

Homeowner Wins $614,000 Judgment Against HOA Collection Companies


LAS VEGAS, Aug. 3, 2015 /PRNewswire/ — A Nevada jury awarded a homeowner $466,000 plus her attorneys fees and costs for a total judgment of $614,091.04 against two HOA collection agencies for violations of the Fair Debt Collection Practices act and Civil Racketeering.  The homeowner, Melinda Ellis, is represented by Mark J. Bourassa of The Bourassa Law Group.

The homeowner owned property in Washoe County, Nevada that was part of the Arrowcreek homeowner association. After a dispute arose between the homeowner and the association, defendants Alessi Trust Corporation, and its successor, Alessi & Koenig, LLC pursued collection of HOA dues and substantial additional fees and costs.  The defendants’ collection tactics included filing multiple liens and threats to foreclose on the homeowner’s property.  The homeowner subsequently filed the lawsuit, entitled Melinda Ellis v. Alessi Trustee Corporation; et.al, United States District Court Case No. 3:09-CV-0428-LRH-RAM, alleging that the defendants’ conduct was in violation of the Fair Debt Collection Practices Act and constituted civil racketeering.

The after a five day trial, the jury found the defendants liable for violations of the FDCPA and Nevada’s Civil Racketeering laws.  The jury further found the defendants acted in an extreme and outrageous manner, resulting in an award of punitive damages and attorneys’ fees in addition to the statutory and compensatory damages. “This case is a great example of how the justice system can help those who are victims of predatory collection practices,” said Bourassa.  He continued, “Of course we are pleased with the result, but the important thing here is that we saved our client’s home and restored her good name.”  Bourassa regularly advises consumers to save their letters and voicemails from collection agencies.  “Folks mistakenly assume that if they owe the money, they don’t have any recourse against aggressive collection agencies.  Hopefully cases like this will let consumers know that they can fight back against abusive collection tactics and win.”

The Bourassa Law Group represents aggrieved people both individually and in class actions in employment matters, debt collection, personal injury, and construction defect claims. The firm has attorneys admitted to practice throughout Nevada, Colorado, Arizona,California, Missouri and Florida.

8668 SPRING MOUNTAIN ROAD          SUITE #101
LAS VEGAS, NEVADA 89117-4113          OFFICE: 702.851.2180           FAX: 702.851.2189

Contact:
Mark J. Bourassa, Esq.
http://bourassalawgroup.com/
Phone: 702-851-2180

SOURCE Bourassa Law Group, LLC

RELATED LINKS
http://www.bourassalawgroup.com

Trespassing


trespasser8-24-2015

The police patrolled through the neighborhood this morning, unfortunately just a few minutes too late, it seems.

I was checking footage this evening and caught this guy running through my backyard just minutes after I left for work…

Only about six minutes later a police SUV pulled up at White Water and Black Water.  The officer got out and investigated for about 15 minutes and then returned to his vehicle and left.  I didn’t capture any other activity, so I’m not sure what happened.  I really wish I had a better camera and clearer photos.