The good news is that we’re beginning to hear of more and more cases around the country where the homeowner is winning against the HOA bullies. And one big source of those victories involves a Homeowners Association refusing to admit that it’s interfered with ADA laws. Even if you’re a powerful HOA, don’t try to smack down a federal agency that’s entrusted with protection of the handicapped. Still, the skulls of too many HOA board members and managers are too thick to beat common sense into.
We, here at Neighbors At War, are doing our best to keep the jackhammer fired up.
The latest case involves a family in Gilbert, Arizona, members of the Coronado Ranch Homeowners Assocation. Steven Vroman is confined to a wheelchair. His doctor recommended exercise like swimming. He built a small pool in his backyard, but then discovered that he had to be out of direct sunlight. His disease prevents his body from regulating its own temperature. And that could lead to a stroke. So Vroman put in a shade structure to allow his transition from the home into the pool without being subjected to the hot Arizona sun.
Well, the HOA board members, obviously feeling like they were taken advantage of, decided to put Vroman’s swimming pool project on hold, or as we used to say back in the days of telephone operators, “Put him on terminal hold.”
Month after month went by with no action on the part of the HOA. So Vroman has had to file a federal lawsuit.
A word to the wise at Coronado Ranch. You’re going to lose this one. You’ll spend a fortune in legal fees trying to jack this man around, and the federal courts will declare the whole lot of you to be losers. Total losers. You’ll have to pay Vroman’s legal bills as well. Then, sure as shootin’, you’ll each get his with a special assessment to pay for legal costs, damage awards and who knows what else. And you’ll each be getting a slap-in-the-face that all busy-body neighbors should have to endure.
http://www.azfamily.com/news/Gilbert-couple-suing-HOA-279380682.html
Thank you Ward for letting everyone know about this. The abuses of the disabled in some HOAs is horrific. Unthinkable to most and not just the HOA boards, but abusive and “entitled” unit owners, who are supposed to be “neighbors,” and their abusive and entitled tenants too! These destructive and malicious people believe as the abusive HOA boards do, the rules and regulations, by laws, and other community documents are for everyone else to follow but them! These are despicable people who should live, or own housing around no one. They are more than likely, property predators, forcing innocent homeowners, who are struggling enough as it is, out of their homes. No form of criminality, property destruction, terrorizing and harassing behaviors and even death threats, that they know will be a hardship for their victim to tolerate, but they do it anyway and there is no one to stop them. There is no place for the innocent homeowner, who has nothing to go and going home has become an impossibility due to the range of abuses. Keep reporting on these abuses Ward. These abusive HOAs and their accomplices have to be stopped. This is long overdue!
The HOA almost never prevails in cases such as this, yet at least a few times a month we read similar stories.
In this case, the HOA should have asked the complaining homeowners, to zip it! I wonder if those moronic “homeowners” are aware, that everytime the HOA gets sued, they have to notify their insurance carrier. Yes, a long lasting strike/claim that will cost every homeowner in Coronado Ranch.
There is this nasty little thing called a Loss Run Report that will show other insurance carries, for years, that this HOA had a claim on their D&O policy. Matters none if it’s a win or loss for the HOA, the claim has been made and will drive up those insurance rates for a long time.
There must be something in the water here in Arizona, that makes HOAs dumber than all the rest. Like this poor guy dosn’t have deal with in life? Let’s make him bow down to his neighbors and the HOA Gods. I have no doubt this homeowner will win, and I have no doubt the HOA will not prevail. The lawyers will bank and the homeowners will pay dearly, including those homeowners in Coronado Ranch who are cheering on the disabled homeowner.
Here is a suggestion, why dosn’t Rep. Warren Petersen (R) of Gilbert, AZ address this little issue in the next Legislative Session. After all, Peteresn loves to author legislation about HOAs.
http://www.kpho.com/story/22848798/new-law-opens-rental-markets-for-convicted-felons