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January 28, 2004
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Case No: CV03-07257SC Karen Brown vs Mesa Madrid Townhomes
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Arizona
Small Claims Court
County of Maricopa
Branch: Justice Court
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Karen Brown Represented by: Don Galbasini
v.
Board of Directors - Mesa Madrid Townhomes
c/o Jomar Association Services
Mesa Arizona 85201 Represented by: Lynn Kruppik, Penny Keopke
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Summary
The Board of Directors, or it's duly authorized agent, shall have the authority to and shall obtain insurance for all the buildings, including all townhouses, UNLESS THE OWNERS THEREOF HAVE SUPPLIED PROOF OF ADEQUATE COVERAGE TO THE BOARD OF DIRECTORS COMPLETE SATISFACTION, AGAINST LOSS OR DAMAGE BY FIRE OR OTHER HAZARDS IN THE AMOUNT TO COVER THE FULL REPLACEMENT COST OR ANY REPAIR OR RECONSTRUCTION WORK....
The Board has been asked to provide any correspondence stating my policy was not adequate.
Explain why they waited 8 months before showing these fees as unpaid.
Explain what short-comings my policy has, so I may correct it in the future.
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Causes of Action: Per our CC&R's, I purchased my own home owner's insurance effective Feb. 2003 and gave the board (which I was a member at the time) advance notice and proof of this insurance. I resigned from the board in June. In August a received a late notice, to which I responded, and another in September demanding payment for the "Association Insurance". In October my water was shut off. I went to the board meeting and they refused to turn my water back on, unless a paid $394.00. After speaking with an attorney, I paid the premium under extreme duress. I was held hostage. The attorney wrote a letter to the board. They were non-responsive. In Dec. 2003, I filed a claim for the original sum of $394, plus $195 attorney fees and $159 for misc. costs. They did not respond to the claim and I went back on Dec. 18th for a default judgement. Karen Brown
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Lawsuit Text
Per our CC&R's, I purchased my own home owner's insurance effective Feb. 2003 and gave the board (which I was a member at the time) advance notice and proof of this insurance. I resigned from the board in June. In August a received a late notice, to which I responded, and another in September demanding payment for the "Association Insurance". In October my water was shut off. I went to the board meeting and they refused to turn my water back on, unless a paid $394.00. After speaking with an attorney, I paid the premium under extreme duress. I was held hostage. The attorney wrote a letter to the board. They were non-responsive. In Dec. 2003, I filed a claim for the original sum of $394, plus $195 attorney fees and $159 for misc. costs. They did not respond to the claim and I went back on Dec. 18th for a default judgement. Karen Brown
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