What is the name of your state (only U.S. law)? Arizona
Party P = HOA
Party D = Owner
SOL = Statute of Limitations
P increases the annual assessments for all owners in 2006. A does this in violation of the HOA Rules, without obtaining the written consent of 2/3 of owners and gets away with this act until uncovered by D in 2016.
Side note: 2009 D discovered why P had to increase assessments for 2006. HOA was broke due to Treasurer embezzling $28K+ in 2005.
Naturally Board didn't want to disclose this when increasing assessment amount.
(Breach of Contract )
SOL = 6 years from Breach or 1 year from when a "reasonable person" should have known.
P now files suit against D, April 2016, and as stated above D discovers breach while reading suit. D bought property in 1998. Owners have trusted P to be ethical and act in accordance with HOA Rules.
Yes I already know that was a mistake.
P has been demanding and collecting monies that they had no right to since they improperly increased assessment amount.
D files answer to P Complaint May 2015, stating P increased assessments without obtaining 2/3 written consent of owners. D just became aware of this 1 year SOL applies since D has spoke to dozens of other owners and not one was asked to provide written consent, or gave consent for P to increase annual assessments. And none were aware of this requirement.
D didn't know to place address on front of answer, suit is about house D lives in. Everyone knows where D is.
D discovers P attempted to file for Summary Judgment by claiming D did not file an answer when D's answer was submitted 10 days earlier and could be viewed online for more than a week.
The attempt of P was rejected, packed couldn't be e-filed had to be hand delivered to court.
D receives insincere from P, late May 2015 about negotiating settlement where less than 10% of what P wants is actually past due assessments.
D demands that P show records but P has not done so.
D receives no further mail about case, last communication was negotiation letter.
D receives Sheriff's sale notice January 26, 2017 with sale date of 2/16/2017.
Old website from May is gone and new website was created but it took B a few days to find it.
D discovers that A has been filing all along, D never received anything.
D finds P's response to D's claim that P increased dues not in accordance with HOA Rules, and P has Unclean Hands.
Nothing more than a simple denial.
P's response to D's claim that P increased dues not in accordance with HOA Rules, and this Breach was actionable because of 1 year SOL, and that P's Hands were Unclean, and case should be dismissed. Paraphrased attorney for P stated "No they didn't and even if it was true the 6 year SOL had expired.
D never got a day in court, no discovery, was not kept informed of what was going on.
D goes to President of HOA who signed complaint, and moving out of the neighborhood as well.
She has never seen the written consents to increase the assessments the HOA claim to have. She does not know if they exist.
She had ZERO knowledge of ANYTHING WITHIN THE CASE FILE EVEN THOUGH SHE SIGNED IT.
No Joke People.
Ask her to demand to see these items and if she discovers they don't exist to do the ethical thing and pull the case.
She says she will think about it and talk to her Spouse. I tell her I will check back in a few days.
D tells NEW PRESIDENT on the morning of 2/8 that D wants to see the records. She says she will look for them. D tells her you said you had them, you claim to have seen them, FIND THEM.
D goes in the PM of 2/8 to speak with old President and asks her if she has seen the records like D asked her to do. She says NO, Did you ask to see them, she says NO and won't give the statement need to stop this action. Walks off.
D runs into new President on way home who now says I have to get talk to P's attorney to get records.
2/9 D calls attorney of P and attorney states D has to get records from P, and P will deliver in 10 days from 2/08.
House is to sell on 2/16. To bad so sad I guess is their position.
D contact's several attorneys, no new cases at this time or they don't HOA area of law. Or they want Hundreds just for consultation which D does not have. Asks church for help with attorney they give a undisclosed number of a Christian Law Help group, and tell D they will help. D leaves several messages and no receives no calls back.
D left to deal with issue by himself files motions to postpone, until after 2/18 when P is supposed to deliver records showing the written consent of owners, that P does not have, Declined. Motion to Void Vacate Judgment Unclean Hands of P Fraud upon the Court of P never send duplicate filings to D. All Declined.
Minute entry on motion where D states he was never provided copies of P filings, Minute entry states that D failed to place D's address on D's initial filing, D's Answer to P Complaint.
House sold 2/16.
This is just the main issue,
I had a contract with the now current President in 2015 to remove 10 trees from HOA property that was awarded through open bid process. I told her the HOA could keep the $1000.00 I was to be paid from her to put it toward my balance. This would have covered more than the outstanding principal balance I owed.
The Board at that time interfered with my Right to Contract and told her I couldn't
do the work even though I had already told her the HOA could KEEP THE MONIES.
Failure to Mitigate Damages, Rejection of Payment.
I received a $200.00 credit from the HOA formatted exactly as below from the HOA on a statement I submitted to the court,
1/1/2010 2010 Assessment $200.00
Credit for work done $200.00
The HOA removed the $200.00 Credit from their ledger.
I have it on my statement they sent to me but it is no longer on their ledger.
So what did I do to piss them off.
They are a bunch of control freaks and I refuse to k*ss their A**.
That is what I did.
Anybody have any ideas.
The has Unclean Hands. They increased the assessment without following the rules, they have collected monies year after year they have no claim to. And now have foreclosed for monies owed that were obtained through their breach of contract and fraud.
Sure maybe I can't sue them for the Breach of increasing the dues outside of the Rules. But they have benefited year after year from their intentional breach and they are in the fiduciary role. And are benefiting from having Unclean Hands.
I don't see how that is equitable.
I could understand if it was just 1 breach affecting 1 payment.
But year---> after year-----> after year---> after year.....Come on
And using that unethical act to sell someone's house from under them.
How does the Plaintiff not have "Unclean Hands?"
How is that "Ethical?" or "Equitable?"
Is this "Justice?"
If you want to know the real crappy thing.
Take the years that I did pay the higher amount which is double the previous assessment amount.
Take the over payment from those years, and apply it to the years I didn't pay, at the old amount...
And I am EVEN
The Court says this is Right.....
Any ideas anyone????
So does the SOL "Wash" Unclean Hands???
And should it be able to...
Any help with this one would be appreciated...
Party P = HOA
Party D = Owner
SOL = Statute of Limitations
P increases the annual assessments for all owners in 2006. A does this in violation of the HOA Rules, without obtaining the written consent of 2/3 of owners and gets away with this act until uncovered by D in 2016.
Side note: 2009 D discovered why P had to increase assessments for 2006. HOA was broke due to Treasurer embezzling $28K+ in 2005.
Naturally Board didn't want to disclose this when increasing assessment amount.
(Breach of Contract )
SOL = 6 years from Breach or 1 year from when a "reasonable person" should have known.
P now files suit against D, April 2016, and as stated above D discovers breach while reading suit. D bought property in 1998. Owners have trusted P to be ethical and act in accordance with HOA Rules.
Yes I already know that was a mistake.
P has been demanding and collecting monies that they had no right to since they improperly increased assessment amount.
D files answer to P Complaint May 2015, stating P increased assessments without obtaining 2/3 written consent of owners. D just became aware of this 1 year SOL applies since D has spoke to dozens of other owners and not one was asked to provide written consent, or gave consent for P to increase annual assessments. And none were aware of this requirement.
D didn't know to place address on front of answer, suit is about house D lives in. Everyone knows where D is.
D discovers P attempted to file for Summary Judgment by claiming D did not file an answer when D's answer was submitted 10 days earlier and could be viewed online for more than a week.
The attempt of P was rejected, packed couldn't be e-filed had to be hand delivered to court.
D receives insincere from P, late May 2015 about negotiating settlement where less than 10% of what P wants is actually past due assessments.
D demands that P show records but P has not done so.
D receives no further mail about case, last communication was negotiation letter.
D receives Sheriff's sale notice January 26, 2017 with sale date of 2/16/2017.
Old website from May is gone and new website was created but it took B a few days to find it.
D discovers that A has been filing all along, D never received anything.
D finds P's response to D's claim that P increased dues not in accordance with HOA Rules, and P has Unclean Hands.
Nothing more than a simple denial.
P's response to D's claim that P increased dues not in accordance with HOA Rules, and this Breach was actionable because of 1 year SOL, and that P's Hands were Unclean, and case should be dismissed. Paraphrased attorney for P stated "No they didn't and even if it was true the 6 year SOL had expired.
D never got a day in court, no discovery, was not kept informed of what was going on.
D goes to President of HOA who signed complaint, and moving out of the neighborhood as well.
She has never seen the written consents to increase the assessments the HOA claim to have. She does not know if they exist.
She had ZERO knowledge of ANYTHING WITHIN THE CASE FILE EVEN THOUGH SHE SIGNED IT.
No Joke People.
Ask her to demand to see these items and if she discovers they don't exist to do the ethical thing and pull the case.
She says she will think about it and talk to her Spouse. I tell her I will check back in a few days.
D tells NEW PRESIDENT on the morning of 2/8 that D wants to see the records. She says she will look for them. D tells her you said you had them, you claim to have seen them, FIND THEM.
D goes in the PM of 2/8 to speak with old President and asks her if she has seen the records like D asked her to do. She says NO, Did you ask to see them, she says NO and won't give the statement need to stop this action. Walks off.
D runs into new President on way home who now says I have to get talk to P's attorney to get records.
2/9 D calls attorney of P and attorney states D has to get records from P, and P will deliver in 10 days from 2/08.
House is to sell on 2/16. To bad so sad I guess is their position.
D contact's several attorneys, no new cases at this time or they don't HOA area of law. Or they want Hundreds just for consultation which D does not have. Asks church for help with attorney they give a undisclosed number of a Christian Law Help group, and tell D they will help. D leaves several messages and no receives no calls back.
D left to deal with issue by himself files motions to postpone, until after 2/18 when P is supposed to deliver records showing the written consent of owners, that P does not have, Declined. Motion to Void Vacate Judgment Unclean Hands of P Fraud upon the Court of P never send duplicate filings to D. All Declined.
Minute entry on motion where D states he was never provided copies of P filings, Minute entry states that D failed to place D's address on D's initial filing, D's Answer to P Complaint.
House sold 2/16.
This is just the main issue,
I had a contract with the now current President in 2015 to remove 10 trees from HOA property that was awarded through open bid process. I told her the HOA could keep the $1000.00 I was to be paid from her to put it toward my balance. This would have covered more than the outstanding principal balance I owed.
The Board at that time interfered with my Right to Contract and told her I couldn't
do the work even though I had already told her the HOA could KEEP THE MONIES.
Failure to Mitigate Damages, Rejection of Payment.
I received a $200.00 credit from the HOA formatted exactly as below from the HOA on a statement I submitted to the court,
1/1/2010 2010 Assessment $200.00
Credit for work done $200.00
The HOA removed the $200.00 Credit from their ledger.
I have it on my statement they sent to me but it is no longer on their ledger.
So what did I do to piss them off.
They are a bunch of control freaks and I refuse to k*ss their A**.
That is what I did.
Anybody have any ideas.
The has Unclean Hands. They increased the assessment without following the rules, they have collected monies year after year they have no claim to. And now have foreclosed for monies owed that were obtained through their breach of contract and fraud.
Sure maybe I can't sue them for the Breach of increasing the dues outside of the Rules. But they have benefited year after year from their intentional breach and they are in the fiduciary role. And are benefiting from having Unclean Hands.
I don't see how that is equitable.
I could understand if it was just 1 breach affecting 1 payment.
But year---> after year-----> after year---> after year.....Come on
And using that unethical act to sell someone's house from under them.
How does the Plaintiff not have "Unclean Hands?"
How is that "Ethical?" or "Equitable?"
Is this "Justice?"
If you want to know the real crappy thing.
Take the years that I did pay the higher amount which is double the previous assessment amount.
Take the over payment from those years, and apply it to the years I didn't pay, at the old amount...
And I am EVEN
The Court says this is Right.....
Any ideas anyone????
So does the SOL "Wash" Unclean Hands???
And should it be able to...
Any help with this one would be appreciated...
