Brown/ Olcott Law Firm Rancho Bella Vista South HOA I am a Home Owner in an HOA (Never Again) Phoenix/ Tucson Arizona

We bought our home in 2010 on a Short Sale.  The house was in desperate need of repairs as the previous owner did little to improve the property.  We have planted trees, extended the front patio and have done some interior remodeling.  The home is far from done and still needs some TLC.  The subdivision was never fully occupied and there were many lots of dirt and weeds that sat empty for years.  Recently the developer has been building new homes and as a direct result our HOA has been handed over to AAM for the enforcement and compliance to the CC&Rs.  Mind you now that our home as well as others are over 14 years old and have sat in the Arizona weather.  The HOA has hired Brown/ Olcott Law Firm to write letters and impose fines thinking this will somehow put extra money in our pockets to paint the existing homes to match the new ones being built.  In addition to this encumberence our AC Unit broke over 4 years ago and we have been limping along on a single family income. All the contractors that come to give estimates are qouting between 8,000 to 10,000 for replacing the unit.  We cleared using AC window units with the HOA until we could afford the repairs but now with the new homes going in the window units are a violation of the CC&Rs and need to come out or else!!!!  We are also being told that we need to paint the house to match the new construction or else!!!

I did some digging into our CC&Rs and there is a provision under Article 9 Section 1 (THE USE OF ASSOCIATION FUNDS) where the HOA has the means and the authority to financially improve the property(s) FOR THE GENERAL BENEFIT OF THE COMMUNITY with the funds that are collected from owners.  However, i am being ignored.

Now,.. I will never again live in an HOA and if anyone out there gives a Rats a*s i would welcome any advice or action against such unethical, unprofessional and immoral behavior by the Developer, HOA, Law Firm and new residences.  Never in my life have i experienced such heartless and greedy people as to not care that they have a FUDICIAL responsibilty to improve the property for the benefit of all in the community knowing that the existing homes are nearly 20 years older than the ones being built.  I have gone through 3 tires on my truck and 2 more on the wifes Durango by picking up nails on the street.  We didnt complain we just took care of it. I have the mind to pursue a law suit but here in Arizona the Lawyers are Pussys and only want the Fat Check without doing the work.  I would welcome the day when all HOAs are completely dead and obsolete. We have no pool, no common use areas and no recreational facilities yet our HOA fee is $78.00 a month.  We pay the minorities to cut the grass and trim the trees and somehow this adds up to $53,000 a month.   Hmmmmmm seems a little fishy to me when the HOA office is in Tempe and no where near the community.  If you live in an HOA get out now.  There is no guarentee that they maintain the value of your home as is evident from the econmic collapse and the fact we got ours on a short sale. 

Brown/ Olcott Law Firm has sent us a letter detailing that if we dont remove the AC window units in 10 days then they will impose a $800 fine to be added to our account.  Now the $800 fine is no where in our Schedule of Fines, Fees and Liens and i have no intention of ever paying it.  With all of the so-called programs out there to help people why do i feel so helpless and why isnt the HOA and Law Firm working toward helping the residence instead of going the the road to Forecloser?