Please see the OAH-023 stipulation entry of May 29th for backgrounder.
After further exchanges of letters with the HOA attorney, it appears that the HOA instigated stipulation has caused the HOA to face a no-win situation. The agreement to raise the walls to the existing heights, splitting costs, cannot be achieved since it would violate the town’s ordinances. The walls are over the 6-foot limit, the Petitioner has approval and did not misrepresent or mislead anyone, and holds a valid approval, but any request for a new permit would not comply with the height restrictions. What is the HOA to do? Oh me, oh my!
Well, of course, get the homeowner to reduce his wall so the HOA can get new approvals. NOT! Why shouldn’t the HOA pay for any reduction to meet the town’s code since it erred when it signed the stipulation. It got itself into this problem and now wants to get out of the agreement. (This brings to mind those criticisms of homeowners with complaints against their HOA who are told, “You just want to get out of an agreement that you now don’t like.” Well, it works both ways.)
Stay tuned, the HOA plans to get the ALJ to hold the Petitioner responsible for its mistake, aided and abetted by the CAI member HOA attorney Goldschmidt.
Please note that the HOA attorney sent an email today and is now jumping on “correcting” her earlier letter of June 21, claiming that the homeowner is the one in error. The time of her email, 2:22 PM, was some 4 hours after my post this AZHOAOAH reviews, and to my HOANET email list at 10:35 AM today.
“[T]here is a misstatement in your letter: the Association does not know whether or not you received a permit for raising your walls. We have a letter from an official of the City of Sierra Vista showing the permits that you did receive and the wall raising was not on the list; however, we do acknowledge that the walls were inspected and measured by the City inspector when the final inspection of the swimming pool was made. You admitted in your May 29th letter that you altered the landscaping in your yard after the final City inspection; however, now you seem to be taking a different position.”
Comment by pvtgov — June 26, 2007 @ 6:06 pm |
More HOA fascism and refusal to own up to mistakes. What small, miserable people.
Comment by mockersanonymous — June 27, 2007 @ 1:11 pm |