A Message from the IronOaks HOA Board President 7-22-2010
Your IronOaks HOA Board of Directors received notice today, July 22, 2010, of a decision from Judge Brian R. Hauser, Superior Court of Arizona, Maricopa County. Judge Hauser ruled in favor of your official IronOaks HOA, the defendant. He denied the plaintiff’s request that the HOA be held in contempt of the court. He further denied plaintiff’s request for clarification. The plaintiffs had their day in court and the defendant, your IronOaks HOA won.
Many IronOaks homeowners have wondered why their HOA Board did not post the contempt citation and the resulting documents that were filed with the court. I apologize to those of you who may have felt we should have communicated this information. However, the IronOaks HOA Board was charged with managing the defense in this lawsuit and, after carefully considering all of the facts, decided to let this contempt citation play out without a lot of public fanfare. Making that decision was not easy, but I felt it must be done for the eventual benefit of a majority of the homeowners. We did not choose to get into a public war of words with the plaintiff and their representatives. This was a matter to be decided by Judge Hauser.
Your patience, understanding and support of your Board’s decision are sincerely appreciated. Your dedication has added to our resolution to see this issue to its end.
One of the items presented by the plaintiff’s attorney during the oral arguments on July 21 was a Special Warranty Deed conveying common area property to the HOA. That deed was filed on June 24, 2010, well after we closed escrow on the amenities. This deed conveyed common area property in Unit 29 A to our HOA. The model center and sales office were in Unit 29 A. After the sales office was removed, homes were built on the resulting lots. Throughout the development of IronOaks, Sun Lakes Marketing has conveyed the streets to the HOA when the Unit was built out. This has been a practice from the beginning and is a requirement of the CC&Rs. There was no monetary consideration in this transaction. This conveyance included the gate house at Robson Blvd entry. With this conveyance I believe we are now the owner of all of the common and commercial property within our boundaries. The ownership of the property conveyed by the Special Warranty Deed was essential to make the safety changes and installation of the view fencing at the corner of Robson Blvd and Coopers Hawk Drive.
We closed escrow on the amenities on June 4, 2010. This means we have been operating the amenities as the owner for nearly seven weeks. It will be a while before Randy Ankeny, our General Manager, will be able to say he has his arms around this acquisition but he has made great strides in the first seven weeks and is to be congratulated for the excellent job he has done.
The Judge dismissed the plaintiff’s contempt citation request, July 22, 2010. We are now proceeding to move forward with some of the larger issues that need to be addressed. There are many decisions to be made in the coming months. I invite all homeowners (including those who stood in opposition) to volunteer to become a part of this process.
I invite those who have been in opposition to the Board to cease their endless lawsuits against their HOA and to spend their energy toward positive endeavors. This opposition has cost our homeowners an untold portion of their dues dollars. A report of these costs will be presented at the next Board meeting.
I am proud to be your HOA President of the Board as we move forward into an exciting new chapter in our fine community’s history.
Charlie Bunce