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An Article
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HOA shooting -- Arizona again
February 02, 2004
By
Marcus Aurelius
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Mesa, Arizona - FOR IMMEDIATE RELEASE
February 2, 2004
Contact: George K. Staropoli - 602-228-2891
Velda Rose Estates HOA shooting - Arizona again
This past Saturday a disabled VA patient shot himself because he had to leave his home on Februrary 8th as a result of an HOA foreclosure. Why was he foreclosed? For keeping a sloppy, messy lot. His fines? $13,000 and $10 per day. As an example, for the same offense, the City of Phoenix Neighborhood services had the right to fine him up to $2,500 and NOT foreclose his home. Where was he to go?
Mr. Nelms was depressed according to 2 neighbors and didn't want to go to court. He was disabled, a patient at the VA hospital here in Phoenix, with only disability income. He bought his home in 2002 from a gentlemen via a quit claim deed as that's all he got. He was not aware of the HOA, nor did the HOA provide him with the legally required documents. In absence of a mandatory requirement for full disclosure, he was not aware of the legal requirement to pay HOA dues. So, he didn't pay them.
According to his friend, the HOA harassed him with petty fines and offenses while other violators were ignored. Yes, he drank. Who was there to help him? Not any city or state agency, that's for sure. Not the HOA attorney, nor the HOA.
Mr Nelms is in serious condition in intensive care.
A few years ago we had another homeowner who didn't know how to deal with his HOA and their power. He thought he had an agreement that he could take care of his own landscaping, until a new landscaping committee chair came to power. He was fined, lined and house put up for foreclosure, just like Mr. Nelms. He didn't pay his mortgage because he couldn't come up with the $10,000 that he thought he owed the Ekmark, another CAI attorney, law firm. So, he let the house go to foreclosure. The court awarded the Ekmark law firm just $1,000 and $100 to the HOA. It appears that nobody told the him; he could have paid off the $1,100 debt.
However, Richard Glassel took his frustration and anguish outwardly and shot 2 board members; Mr. Nelms took it inwardly and shot himself. Nothing came out at the murder trial regarding possible mitigating circumstances.
The Arizona Legislature has some 17 HOA reform bills before this year and still CAI opposes reforms to protect homeowners. If passed, these bill would be too late for Messrs. Glassel and Nelms, but would put an end to the rampant abuse by rogue boards protected by the lack of government concern for the rights of homeowners.
It's time for the Arizona Legislature to act and to act strongly to reign in these rogue boards and attorneys who openly flaunt the laws, and to protect homeowners, not private organizations. It's time for the special interests like the developers, CAI and the Realtor organizations to join to stamp out the abuse. It's time for the Real Estate Dept to require a full disclosure to home buyers or any subdivision seeking to convert to an HOA form of government. |
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