Wednesday, June 29, 2016

Public Records Request - Complaint to Ombudsman Office

Brad
Thank you for your extremely prompt denial within minutes and.... your best wishes.
Makes life simple. Why drag things out?
I could not help noticing your email message, unlike previous emails, did not carry a confidentiality constraint. Why is that?

Dennis/Danee - Ombudsman's Office

By this email copied to you, I'm filing a formal complaint against Mr Holm and the City of Phoenix seeking sanctions against him, and the City, for an egregious violation of the Arizona Public Records Statutes. He is after all the City Attorney and therefore represents the City in legal matters. He therefore engages the City. As the records request  confirmation evidences, records requests are handled by the legal Dept. They have already decided.
Can you please acknowledge receipt of this, provide any formal documentation to formalise such, and confirm this is within your jurisdiction?
For your info, the notice of Rule 123 provided by Danee on a separate matter was extremely useful. Thanks to that, I'm pleased to report that the three branches of AZ Superior Court have been extremely helpful. Mainly because I then understood their statutory constraints and was able to avoid asking them to do something they simply could not do.

Brad
The document from Councilman DeCiccio carries his title as Councilman.
I will determine how he submitted that but even if on his private email, it constitutes a public record in his capacity as Councilman.
You should not assume there may not be other records. I merely included one. As you responded to my email within minutes, it seems unlikely you have conducted the "reasonable inquiry" required as part of the Rules of Professional Conduct.
I therefore reserve the right to file a complaint with AZBAR against you. Whatever that means.
One always has a choice in life. The easy way or the hard way. You seem to have made your choice.
Your denial is therefore time stamped as such.
As the matter is now with the Ombudsman's Office, please be careful should you choose to email me. I would welcome that of course but please do it respecting my constitutional rights.

Respectfully and thankfully

Regards
John Sellers
Tel: 928 310 822
"I can be your best friend or your worst enemy...take your pick".....a US Marine
*********************
From: Bradley D Holm
Sent: Wednesday, June 29, 19:15
Subject: Re: Public Records Request
To: John Sellers
Cc: Ed Zuercher

I will check with Councilman DiCiccio to determine if his office has records within the scope of your request. 

The document you referred to appears to be his personal expression of opinion and not a city public record. Accordingly, I remain unaware of any city public records responsive to your request. 

Until you provide something more to assist in the search, I have no reason to believe that the City possesses public records that respond to your request. 

The City does not regulate nonprofit HOAs. Therefore, we have no logical basis on which to create public records relating to HOAs. Generally, the state regulates HOAs, and the state is more likely to possess records relating to the HOA in which you are interested. 

This is our response to your public records request. 

Best
Brad Holm

RE: Public Records Request to Brad Holm Phoenix City Attorney

Mr. Holm
I construe your response as a denial and therefore unresponsive to a Public Records request. The request via official channels, plus confirmation of receipt, is attached or click HERE
Kindly note the following:
1.       I’m not asking you to do research. I’m simply asking for RECORDS in your possession.
2.       I also am not obliged to do your research. I’m confident the City has in place procedures to ensure all departments are properly canvassed in order for you to meet your legal obligation. In that regard, please see Lake vs the City of Phoenix attached or click HERE
3.       One of my business partners runs the largest telecom consulting practice in the country. Although not as seasoned as he, I’m reasonably familiar with FTC practices. If you check the link you sent me, I think you’ll find the it relates to “businesses”. You are not a business.
4.       Even if it did, the First Amendment to the constitution trumps. Specifically the “right to petition government” – you!  In the interests of full disclosure, I’m a dual UK/US citizen. I hope therefore you don’t mind me opining that such fundamental rights emanate from the Magna Carta.
5.       I hope you are aware, the Arizona anti-SLAPP laws established in 2007, and modelled on California’s, are contained in ARS 12-751 & ARS 12-752. See attached or click HERE   I’d like to think we influenced that debate in winning the first anti-SLAPP case in California based on an attorney trying to interfere with our rights to petition our government. The Point and Authorities for that are attached or click HERE  You might find them interesting reading. This eventually produced a $1.3mm judgement against the perpetrator with his attorney riding off into another profession, very prematurely.
6.       I currently don’t need an attorney but I think you’ll find the firm of Downey Brand to be well known, even in Arizona, just in case of need.
7.       As to Ahwatukee Hills, there’s at least one record I know of emanating from Councilman DiCiccio. See attached or click HERE  Please have one of your staff familiar with the matter ensure a thorough records search is made for anything similar in addition to ANY/ALL other records not exempted by statute. In light of the sanctions involved for non-compliance, I would ask you to respond to me personally.  Please ensure your response includes a statement that a comprehensive records search has been made plus a succinct statement as to what, if anything, was withheld, citing the grounds for such withholding.
8.       When, after 30 yrs+ in the private sector dealing with governments, of all kinds, I found the transition to the public sector challenging. This is because the rules on transparency are totally different. I wish you well in your continuing transition.
Please confirm forthwith by return that:
1.       You are denying my request or
2.       The matter is proceeding as requested
Thank you/Regards

John Sellers
6231 East Mark Way Unit 12
Cave Creek
Arizona 85331
Tel: 928 310 8220
 CC:       Councilman DiCiccio
          Dennis Wells/Danee Garone – Arizona Ombudsman’s Office
AHF web site.
****************************************************
From: Bradley D Holm [mailto:brad.holm@phoenix.gov]
Sent: Wednesday, June 29, 2016 7:51 AM
To: John Sellers <Jas@arizonahomeowners.net>
Cc: Ed Zuercher <ed.zuercher@phoenix.gov>
Subject: RE: Public Records Request

Mr. Sellers,
As to your first request, please consult your lawyer. There is no obligation under our law for the City to do legal research for you. The federal CAN-SPAM Act ( https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business ) requires persons who send unsolicited e-mail to respect a recipient’s wish to be protected from unsolicited e-mail.
I am not familiar with the subject of your second request: the Ahwatukee Board of Management. Please specify which city department you believe may have public records regarding this entity. From the information available on the Arizona Corporation Commission website, it appears that the organization is a private entity. To my knowledge, the City does not regulate this entity. Consequently, it’s possible that we have no records relating to it.   

Brad Holm
Phoenix City Attorney
City of Phoenix Law Department
200 West Washington Street, Suite 1300
Phoenix, Arizona 85003
(602) 262-7193 (direct)
(602) 534-9866 (fax)
TTY: Use 7-1-1
From: John Sellers [mailto:Jas@arizonahomeowners.net]
Sent: Tuesday, June 28, 2016 10:52 PM
To: Bradley D Holm
Cc: Ed Zuercher; Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council District 5 PCC; Council District 7 PCC; Council District 6 PCC; Council District 8 PCC; Watters, Carrie; robert.anglen@arizonarepublic.com
Subject: Public Records Request

Mr. Holm
This is a polite reminder to you, as the City Attorney of Phoenix, to respond to my request below. But it is also a Public Records request for you to make available for inspection, and for further copying, pursuant to Arizona Public Records laws, the following:
1.       Any and all records in your or the City’s possession relating to the possibility that I might have infringed federal law as you alleged by emailing you. This should include, but not be limited to:
a.       Copies of any federal statute, opinions, notes, correspondence, memos, or any other “records” as defined relevant to that
b.       Copies of any other statute in any jurisdiction which might be relevant
c.       Metadata and any other relevant details of any internet searches conducted by you or your staff relevant to that same subject since Jan 1 2016
2.       Any and all records in the possession of the City of Phoenix relative to the Ahwatukee Board of Management, a major subdivision within the City of Phoenix city limits, since 2010. For clarification only, and without limiting the scope of this request, this could include, but not be limited to:
a.       Any correspondence with, from and to, the substantial numbers of Phoenix residents, or any other party, who live in that Master Planned  Communities with anybody in the City of Phoenix or your agents
b.       Any internal records dealing with any of the above whether in paper or electronic form
c.       All Agendas and Minutes of any and all City deliberation body sessions dealing with that Master Planned Community in any way
d.       Any Police reports
e.       All electronic records, where relevant, should be supplied with full metadata as established in Lake vs the City of Phoenix. I can supply you a copy of this if you wish but I assume you have a copy.
Thank you for your public service

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Mr. Holm
Please supply a copy of the relevant Federal Statute to allow me to judge my compliance with my “legal obligation” you cited.
What makes you think we are spamming you?

Please explain
Thank you
Regards
On behalf of the Arizona Homeowners Forum
***********************************************
From: Bradley D Holm [mailto:brad.holm@phoenix.gov]
Sent: Monday, June 27, 2016 7:26 PM
To: John Sellers <Jas@arizonahomeowners.net>
Subject: Re: Remove

Because it's a violation of federal law to spam me. You do not have my consent to continue. 
My authority as city attorney does not extend to your claims. So spamming me is a waste of your time and a violation of federal law. 
Thank you for complying with your legal obligation.

Brad Holm
Phoenix City Attorney
Phoenix Law Department
200 West Washington St., Suite 1300
Phoenix, Arizona 85003
This message is confidential.
*******************************************
On Jun 27, 2016, at 6:30 PM, John Sellers <Jas@arizonahomeowners.net> wrote:
Why?

Regards
On behalf of the Arizona Homeowners Forum
To unsubscribe to messages, please click on:

Monday, June 27, 2016

Response by Executive Towers plus response

From: John Sellers
Sent: Monday, June 27, 2016 2:57 PM
To: jrussett@executive-towers.com
Subject: RE: Survey of "HOA Attorneys"

So what happened to the $862 million?
Regards
John Sellers
Principal
www.yavapairegionalcapital.com
*************************************************
On Mon, Jun 27, 2016 at 2:30 PM -0700, "jrussett@executive-towers.com" <jrussett@executive-towers.com> wrote:
I have and we will agree to disagree. I'm very involved with Management Company's and 20 years experience in the HOA industry.  So not really interested in a misleading right wing conservative rhetoric.
Thanks for you time. 
********************************************************
From: John Sellers
Sent: Monday, June 27, 2016 1:53 PM
To: jrussett@executive-towers.com
Subject: RE: Survey of "HOA Attorneys"

Please check your facts.
I've been involved in a number of well publicised bank bailouts in a 35 year career on Wall Street, involving the FDIC and the Bank of England. I have over $30billion of financing experience. This is why this email is coming from my professional email with our web site. I also was a licensed securities professional for many years.
The FDIC injected $862million alongside Mutual of Omaha. They injected $106million into Desert Hills.
I am very familiar with AIG. Their problems were largely credit default swaps related which few even on Wall Street understand. Nothing there involved HOA deposits.
I beg to differ on the Bar Associations view which as a self regulating profession carries the weight of law. Ask some HOA Management Co's who were caught in the unauthorised practice of law ("UPL") offering legal advice.
If you have some other facts, happy to consider them and publish them.
Regards
John Sellers
Principal
www.yavapairegionalcapital.com
**********************************
From: jrussett@executive-towers.com
Sent: Monday, June 27, 10:00
Subject: RE: Survey of "HOA Attorneys"
To: John Sellers
Hi John,
As a certified and professional HOA Manager, I clearly have a different and far more informed knowledge of the areas you are attempting to misconstrue and misrepresent.
Yes a bank did fail in 2008, but so do a significant number, most notably AIG and the HOA bank that failed received no federal funds because Mutual of Omaha picked up the failure immediately and assumed the financial responsibility of the bank.
Just because the Bar Association does not recognize a speciality as you claim does not demean or reduce it's importance.
Regards,
Jay Russett, CAAM
Executive Director
Executive Towers Association

 


Sunday, June 26, 2016

Individualized Email sent to 960+ elected Arizona officials statewide - What do you think of HOA's?

Dear Public Official

As «Job_Title» in «Company», and whether you live in a Homeowners Association or not, you cannot fail to be aware of some of the serious problems occurring in them. The purpose of this message is twofold:

1.       Over 100 petitions have been filed with the Dept. of Fire Building Life and Safety and the Office of Administrative Hearings (“OAH”) over HOA violations. Yet according to our, yet to be completed research, almost 7 times that number of cases have been filed in Superior Court, very painful financially. The recently formed Arizona Homeowners Forum (“AHF”) intends to correct that by mobilizing homeowners for legislative and other changes. They, to date, have been forced to operate in very fragmented fashion faced by some well-organized “HOA Attorneys” and some Management Companies. AHF is organized around an electronic platform available by clicking on www.arizonahoa.blogspot.com

There you can learn facts about many issues including how $862mm of federal taxpayer’s money had to be used to bail out the largest HOA bank in Arizona in 2008.

2.       In addition, and this is completely anonymous because of Amazons privacy policies, even we don’t see details of who contributes, we’re canvassing the Arizona HOA community with an online survey. The purpose being to see how well regarded a small cadre of so called “HOA Attorneys” really are:

If they did not have access to the $Billions of Other People’s Money, sitting in HOA bank accounts.

If you’d like to participate in this very short survey, again anonymously, just click HERE

 

Regards

On behalf of the Arizona Homeowners Forum

www.arizonahoa.blogspot.com

 

Saturday, June 25, 2016

What do you think of "HOA Attorneys"?

There’s a lot of mixed views on the quality of legal advice HOA’s are getting from so called “HOA Attorneys” – a category of legal specialization not acknowledged by the Arizona Bar Association.
Please participate in a very short anonymous survey to get your views by clicking HERE

Thursday, June 23, 2016

By popular request - DeMenna Associates and CAI

For details of the financial lobbying relationship between DeMenna Associates and CAI please see the amended earlier post below to include tax returns and lobbying registers plus a link to the AZLEG web site with the full speech.

Wednesday, June 22, 2016

Being threatened by your Board?

One of the most common complaints from homeowners is of lawyers writing threatening letters, and occasionally filing injunctions, when HOA members have the temerity to write, email, or even contact their Board Members and/or fellow members.  Watch this short video to see how CAI's view that your HOA is a "mini-government" may prove the old adage - be careful what you wish for!
Click HERE to watch their (CAI's) views.
To learn more about Arizona's anti-SLAPP statute click HERE
Note: We're not attorneys but did send a villain packing winning one of the first anti-SLAPP cases in California.
You can also get an independent view by clicking HERE

By popular request, I'm also adding the link to the full speech where he speaks during the section on HOA's. Click HERE
Kevin has been the registered lobbyist for CAI since 2003. CAI's form 990 shows he was paid $85,000 in 2014
Click HERE here for details

Saturday, June 18, 2016

On the Commons Radio Interview

On the Commons with John Sellers

List to the interview by clicking HERE 

Increasingly in America homeowners are treated like incompetent idiots who are incapable of managing their own lives and their homes.  Members of the HOA industry have gone as far as to equate the owners as "children who do not know what is good for them".  Naturally they are more than happy to make all our important decisions for us- and leave us with the bill!  To add insult to injury, the false advertising and misinformation that, under most other circumstances, would be punishable by law, is swept under the rug and ignored.  Unit owners in homeowner and condo associations are often ridiculed, harassed  and penalized for demanding transparency or even questioning the  actions of the association.  Their duty is to not ask why but to pay up and shut up.

Well, times they are a changing.  Slowly but surely more and more talented people have had enough and are starting to move mountains, one stone at a time!
John Sellers joins us On The Commons this week.  John has worked in the banking industry for years and knows just where to look for any irregularities.  So when things just didn't smell quite right, he put his talents to work and started digging.  What he discovered is quite incredible.  Not only are the people who are supposed to be protecting your rights turning a blind eye to all the shenanigans going on behind closed doors, but they are also using YOUR tax dollars to cover up some missing funds in HOA banks.  John continued digging and was told to "get a hobby".  Fortunately for us, he took that advice to heart, expanded his search criteria and started a blog called ArizonaHOA where he intends to not only share information but to also gather information from other homeowners. He estimates there have been 3,000 court cases involving HOAs in Arizona.  Chances are those did not happen because associations were doing such a wonderful job, as proponents of HOAs would have you believe.  Tune in, it is an eye opening interview.         

Tuesday, June 14, 2016

Email to Justin Scott, President of Northern Arizona Investment dba Hoamco

Email to Justin Scott President of Hoamco. Click HERE for their web site
Dear Justin
I wanted to introduce you to a new forum for Homeowners in Arizona – please check it out at www.arizonahoa.blogspot.com
It's designed to educate homeowners, act as a forum for political action, but also reward some of the good and bad actors in the Homeowners Association industry in Arizona.
In Hoamco's case, you've been nominated for the Annual Rico award. The public reasons for that are outlined in the petition below sent by email to Northern Arizona elected officials recently. It's also exemplified by your opening statement on your web site. Compare that with the transparency required in HOA's mandated by legislation. From my own experience of Hoamco, you definitely seem expert at working in dark corners away from the sunlight.
"HOAMCO has been in the community management profession 25 years, working behind the scenes to help associations like yours create ideal environments for people to raise families and live happily."
Should you feel there any factual errors in the facts presented below, kindly advise us and we will correct them. That in no way of course detracts from the First Amendment protection afforded under the US Constitution.
Regards
On behalf of the Arizona Homeowners Forum

******************************************************************************
To: Council members of Flagstaff, Prescott, Prescott Valley and Sedona, Supervisors of Yavapai County & Coconino County
Dear Elected officials
You cannot fail to be aware of some of the serious problems occurring in Arizona Homeowners Associations. Even though legislators have tried, problems and much misery and suffering abounds.

Over 100 petitions have been filed with the Dept. of Fire Building Life and Safety and the Office of Administrative Hearings ("OAH") over HOA violations. Yet according to our, yet to be completed research, almost 7 times that number of cases have been filed in Superior Court, very painful financially.

The recently formed Arizona Homeowners Forum ("AHF") intends to correct that by mobilizing homeowners who, to date, have been forced to operate in very fragmented fashion faced by some well-organized "HOA Attorneys" and some Management Companies. And without strong effective Board leadership, these players essentially run HOA's and the substantial cash they control. One relatively obscure fact is that when the First National Bank of Arizona went belly up in 2008, it cost the taxpayers $862mm. This was a bank which attracted over $1bn in deposits from Homeowners Associations in a very short space of time under the leadership of a President whose only credentials were running nightclubs in Las Vegas (and membership of the Community Associations Institute).  Both insured and uninsured depositors had to be bailed out. Closer to home in Northern Arizona, Desert Hills was a smaller but still large microcosm of that. But that still cost taxpayers $106mm and, to date, no one has been held accountable for any of this.
AHF is organized around an electronic plat form at www.arizonahoa.blogspot.com
You can comment, enter your email address, which even we don't see, to see further postings. We'd encourage you to visit it for the following reasons:
Your constituents are signing up. We already have almost 4,000 electronic contacts of all types, including homeowners, industry players and politicians. Organization is key and we plan to use that. Some contacts are fully public, some are not. There is the scope for substantial change, one of which appears to be that the Dept. of Real Estate is stepping into the Dept. of Fire Building and Life Safety's shoes for dispute regulation.  New legislation could easily follow and homeowners have already registered some very intelligent proposals for sensible regulation, but not overregulation, of an industry that controls the daily lives of 40% of Arizonans. As feedback continues from financially distraught, intimidated, and in some cases suicidal homeowners, we also want to highlight the behavior of certain industry players.   This will be done through the AHF Annual RICO awards. In this regards, a company which directly impacts your constituents is the first nominee – HOAMCO.
Why?

HOAMCO as Management Co and Developer
Justin Scott, as the owner of HOAMCO, also built houses in the Crossings at Willow Creek in Prescott, as well as managing the subdivision, before he "resigned" in 2008. In particular 697 Driftwood Court. Click on A1 for a copy of the building permit and A2 for details of Benchmark Properties as his chosen vehicle. He then sold the property to the "Enrico's" as can be seen in the Warranty Deed to be found in A3 Concurrently upon sale, an Affidavit of Value to be found in A4 was recorded. Amongst other things, this states there is no relationship between the buyer and seller. Additional evidence we're happy to provide to any government agency, and Mr. Scott for rebuttal, suggests strongly that that representation of no relationship is not true.
 
Financial Mis-management in The Crossings in 2007
The Crossings was almost rendered insolvent at year end 2007 by a HOAMCO/Ekmark & Ekmark led frivolous defense, and attempts at appeal, of a records request judgement at the OAH over a stupid violation notice. Total legal costs estimated in excess of $40,000. Pending insurance reimbursement however, the email in B1 shows discussions taking place between Ekmark and Ekmark and HOAMCO over how to deal with this looming financial crisis caused by the December 2007 invoice in B2  On information, and belief both Ekmark and Ekmark were involved in the La Barranca fire lawsuit discussed below, which we believe had identical insurers for both claims. We also believe invoice juggling was taking place.
 
Potential conflicts of interest via Desert Hills Bank
As First National Bank of Arizona (CAB) was steering its way into the abyss, HOAMCO was also gathering deposits from the HOA's it managed and steering them towards Desert Hills Bank. The year-end account balances of $6mm shown in C1 many over the $100,000 FDIC limit at the time, were obtainable by virtue of the reporting requirements at that time, since discontinued by the Corporations Commission. Conveniently however, Mr. Scott, via his Company dba HOAMCO, is borrowing substantially similar sums from the same bank, coincidently located in the Crossings at that time, as can be seen in C2  Whether these loans were ever paid off without cost to the taxpayer is not known. But the cost to the taxpayer was, and can be seen in the FDIC press release in C3
 
Endangering Public Safety
HOAMCO was, and may still be, the Management Company for La Barranca in Sedona as D1 evidences. It's our understanding a substantial fire occurred when workmen contracted by HOAMCO were using chain saws at the height of the fire season. This resulted in a major lawsuit with, coincidentally, our own insurers Farmers, as plaintiff See D2 Representing HOAMCO coincidentally at the same time was Curtis Ekmark, one of the leading protagonists in item 1 above per D3 Was anyone held accountable for this?
We'd welcome any comments on the above, either by email or on the blog. In particular your thoughts on the RICO nomination plus any suggestions you would make for improving the current system of HOA (non)-regulation and a better cost effective way of resolving disputes
The above statements are believed to be true. If not, we'll correct them, but they are in any case protected by the "right to petition" under the First Amendment to the US Constitution and Arizona anti-SLAPP statutes

Regards
On behalf of the Arizona Homeowners Forum

Saturday, June 11, 2016

OAH Judge Vacates a Hearing - again

Judge Shedden at the OAH has tried to dismiss our case against the Crossings this Thursday - AGAIN. We have appealed again - today. For a copy of our Appeal filed today click HERE

This comes a couple of weeks before the Dept. of Real Estate takes over the role of DFBLS for petition referral to the OAH

A second Ethics complaint against Judge Shedden will be filed shortly.

Thursday, June 9, 2016

The Head of Carpenters Hazlewood's Litigation Dept. having his "clock cleaned" in Maricopa County Superior Court

In an embarrassing display, a lawsuit brought by Carpenter Hazlewood on behalf of Terravita HOA, in Scottsdale Arizona, is dealt summarily with, in a matter of days, by a "per se" defendant. I.e. a non-lawyer.

Click on https://youtu.be/Lz96vYOiOqY  for the link to the video on YouTube.

Way to go!

Sunday, June 5, 2016

To Northern Arizona Elected Officials + The first Annual AHF Rico awards nomination.

See email sent today
To: Council members of Flagstaff, Prescott, Prescott Valley and Sedona, Supervisors of Yavapai County
****************************************************************
To: Council members of Flagstaff, Prescott, Prescott Valley and Sedona, Supervisors of Yavapai County + Coconino County
Dear Elected officials
You cannot fail to be aware of some of the serious problems occurring in Arizona Homeowners Associations. Even though legislators have tried, problems and much misery and suffering abounds.
Over 100 petitions have been filed with the Dept. of Fire Building Life and Safety and the Office of Administrative Hearings (“OAH”) over HOA violations. Yet according to our, yet to be completed research, almost 7 times that number of cases have been filed in Superior Court, very painful financially.
 
The recently formed Arizona Homeowners Forum (“AHF”) intends to correct that by mobilizing homeowners who, to date, have been forced to operate in very fragmented fashion faced by some well-organized “HOA Attorneys” and some Management Companies. And without strong effective Board leadership, these players essentially run HOA’s and the substantial cash they control. One relatively obscure fact is that when the First National Bank of Arizona went belly up in 2008, it cost the taxpayers $862mm. This was a bank which attracted over $1bn in deposits from Homeowners Associations in a very short space of time under the leadership of a President whose only credentials were running nightclubs in Las Vegas (and membership of the Community Associations Institute).  Both insured and uninsured depositors had to be bailed out. Closer to home in Northern Arizona, Desert Hills was a smaller but still large microcosm of that. But that still cost taxpayers $106mm and, to date, no one has been held accountable for any of this.
 
AHF is organized around an electronic plat form at www.arizonahoa.blogspot.com
 
You can comment, enter your email address, which even we don’t see, to see further postings. We’d encourage you to visit it for the following reasons:
1.     Your constituents are signing up. We already have almost 4,000 electronic contacts of all types, including homeowners, industry players and politicians.
2.      Organization is key and we plan to use that. Some contacts are fully public, some are not.
3.     There is the scope for substantial change, one of which appears to be that the Dept. of Real Estate is stepping into the Dept. of Fire Building and Life Safety’s shoes for dispute regulation.  New legislation could easily follow and homeowners have already registered some very intelligent proposals for sensible regulation, but not overregulation, of an industry that controls the daily lives of 40% of Arizonans.
4.    As feedback continues from financially distraught, intimidated, and in some cases suicidal homeowners, we also want to highlight the behavior of certain industry players.  
5.     This will be done through the AHF Annual RICO awards. In this regards, a company which directly impacts your constituents is the first nominee – HOAMCO.
         Why?

1.      HOAMCO as Management Co and Developer
Justin Scott, as the owner of HOAMCO, also built houses in the Crossings at Willow Creek in Prescott, as well as managing the subdivision, before he “resigned” in 2008. In particular 697 Driftwood Court. Click on A1 for a copy of the building permit and A2 for details of Benchmark Properties as his chosen vehicle. He then sold the property to the “Enrico’s” as can be seen in the Warranty Deed to be found in A3 Concurrently upon sale, an Affidavit of Value to be found in A4 was recorded. Amongst other things, this states there is no relationship between the buyer and seller. Additional evidence we’re happy to provide to any government agency, and Mr. Scott for rebuttal, suggests strongly that that representation of no relationship is not true.
2.      Financial Mis-management in The Crossings in 2007
The Crossings was almost rendered insolvent at year end 2007 by a HOAMCO/Ekmark & Ekmark led frivolous defense, and attempts at appeal, of a records request judgement at the OAH over a stupid violation notice. Total legal costs estimated in excess of $40,000. Pending insurance reimbursement however, the email in B1 shows discussions taking place between Ekmark and Ekmark and HOAMCO over how to deal with this looming financial crisis caused by the December 2007 invoice in B2  On information, and belief both Ekmark and Ekmark were involved in the La Barranca fire lawsuit discussed below, which we believe had identical insurers for both claims. We also believe invoice juggling was taking place.
3.      Potential conflicts of interest via Desert Hills Bank
As First National Bank of Arizona (CAB) was steering its way into the abyss, HOAMCO was also gathering deposits from the HOA’s it managed and steering them towards Desert Hills Bank. The year-end account balances of $6mm shown in C1 many over the $100,000 FDIC limit at the time, were obtainable by virtue of the reporting requirements at that time, since discontinued by the Corporations Commission. Conveniently however, Mr. Scott, via his Company dba HOAMCO, is borrowing substantially similar sums from the same bank, coincidently located in the Crossings at that time, as can be seen in C2  Whether these loans were ever paid off without cost to the taxpayer is not known. But the cost to the taxpayer was, and can be seen in he FDIC press release in C3
4.      Endangering Public Safety
HOAMCO was, and may still be, the Management Company for La Barranca in Sedona as D1 evidences. It’s our understanding a substantial fire occurred when workmen contracted by HOAMCO were using chain saws at the height of the fire season. This resulted in a major lawsuit with, coincidentally, our own insurers Farmers, as plaintiff See D2 Representing HOAMCO coincidentally at the same time was Curtis Ekmark, one of the leading protagonists in item 1 above per D3 Was anyone held accountable for this?
We’d welcome any comments on the above, either by email or on the blog. In particular your thoughts on the RICO nomination plus any suggestions you would make for improving the current system of HOA (non)-regulation and a better cost effective way of resolving disputes

The above statements are believed to be true. If not, we’ll correct them, but they are in any case protected by the “right to petition” under the First Amendment to the US Constitution and Arizona anti-SLAPP statutes 

Regards
On behalf of the Arizona Homeowners Forum
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Friday, June 3, 2016


The contacts data base is coming together on the “Contacts” page and designed to allow as many easy options for lobbying as possible. Only fully public sources are shown here.
And to repeat to subscribers to email notification, we don’t get to see the email addresses entered. Only Google does.
John Sellers

Wednesday, June 1, 2016

Communicating

Please also do not forget that, at the bottom of this page, there is space to provide your email to be notified of postings, plus a downloadable PDF form, cut and pastable, to provide us confidential details of your experiences. Note that even I do not have access to email addresses posted there due to Google's privacy policies.

Data Base

See evolving data base on the new "Contacts" page with more to come
It's designed to provide maximum flexibility in means of contacting influencers, political and others, whilst preserving confidentiality of non-public contact details supplied by homeowners.
The contact data base totals approximately 3,000+, all with emails at a minimum, and growing.