- Report: #1277664
Complaint Review: VILLAGE TWO INC - Scottsdale Arizona
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Author Confirmed
Why?
VILLAGE TWO INC
16099 N. 892nd St. # B-2 Scottsdale, 85260 Arizona, USA
Phone:
480-443-5566
Web:
9460 N 92nd St unit 203
Categories:
Business Rating:
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VILLAGE TWO INC Village 2 Homeowners Association Village Two Condominiums HOA Retaliatory, vindictive, fraudulent lawsuit to run my credit Scottsdale Arizona
Former president Kenneth Salt began his vindictive behavior towards me in 2010 because I had audited the books and questioned the policies and procedures of the board of directors. Kenneth was the sole signer on the checks for expenses and had not allowed anyone to review the invoices. In my review, I did find many discrepancies in the procedures and brought them to the attention of the property management company, National Property Services who managed the transactions and the board members. I received a threatening letter from Carpenter, Hazelwood, Delgado & Bolen PLC, Tempe, AZ to cease and desist from asking any more questions from the property management company or the board of directors. This lead me to believe there was some kind of coverup of improprieties. I am a shareholder in this corporation and have every right to examine the books and record. I let it go, it wasn't the right time to pursue the issue.
Two years later I had missed a payment and paid the 2 months as soon as I got the statement. I didn't pay the $30.00 late fee and informed the management company that the Arizona statutes stated that the minimum late fee was $15.00 (1). That's when they started getting the law firm involved, Carpenter, Hazelwood, Delgado & Bolen, PLC, 1400 E. Southern Avenue, Tempe, AZ 85282. They denied the law and continued to pursue the $30 charge even though it was not legal. The scheme was to drag this out for months and accumulate legal fees and charge them to me.
The lawsuit was a total fraud, there was no competent witness, no sworn statement and the justice did not see or read any of my answers. I challenged jurisdiction and the papers came at me very rapidly to push this through as to deny me justice.
The summary judgement was for upwards of $4,000 which were all legal fees. I am going to challenge this judgement in a "court of record", common law court.
1. ARS SB1240 Condominiums and Planned Communities
2 Updates & Rebuttals
Late fee assessment
#2Author of original report
Mon, January 04, 2016
The assessment was not $300 so the late fee was overcharged.
Robert
Irvine,California,
USA
Not quite...
#3Consumer Comment
Sun, January 03, 2016
I didn't pay the $30.00 late fee and informed the management company that the Arizona statutes stated that the minimum late fee was $15.00 (1).
- I love the Internet, as it makes finding information so quick and easy. It took about 30 seconds to find out that you are not exactly stating the entire truth.
If you actually look up the Statute you get the following...
http://www.azleg.state.az.us/ars/33/01803.htm
ARS 33-1803 - Penalties; notice to member of violation
A. Unless limitations in the community documents would result in a lower limit for the assessment, the association shall not impose a regular assessment that is more than twenty percent greater than the immediately preceding fiscal year's assessment without the approval of the majority of the members of the association. Unless reserved to the members of the association, the board of directors may impose reasonable charges for the late payment of assessments. A payment by a member is deemed late if it is unpaid fifteen or more days after its due date, unless the community documents provide for a longer period. Charges for the late payment of assessments are limited to the greater of fifteen dollars or ten percent of the amount of the unpaid assessment. Any monies paid by the member for an unpaid assessment shall be applied first to the principal amount unpaid and then to the interest accrued.
I bolded and underlined the entire section you may be interested in.
So not only were you incorrect that you stated that $15 was the minimum, you left off the "or ten percent of the unpaid assessment". So IF your unpaid assessment was $300 or more then $30 would be legal. However, if your unpaid assessment was under $300 then it would be wrong, but as to how wrong would be the specific amount.
Now, I am not a lawyer(and I have a feeling you aren't either), and wonder what qualifications you have to "audit" the books? Yes, you say you have a right to them, and I would give you that. But if you mis-interpeted the books like you have mis-interpeted the late fee, they also may have the right to bar you from looking at any further action.
But all of this not withstanding, even by your own admission the late fee is $15, and you admit you were late. So you owed at least $15 which apparently you even failed to So if you wanted to have any legitimacy to your claims you should have paid the $15 and disputed the rest. But based on how you reported this and the actions, I am pretty sure that you didn't pay any late fee, and that specifically is why you are in the situation you are now.
