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August 08, 2003
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Case No: CV 2003-010051 Velda Rose Estates HOA v Robert L. Nelms
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Arizona
Superior Court
County of Maricopa
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Velda Rose Estates Homeowners Association
Represented by: Chalres E, Maxwell, Brian W, Morgan, Mark E. Lines
CAI Member
v.
Robert Louis Nelms
Represented by: None
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Summary
JUDGMENT FOR VELDA ROSE HOMEOWNERS ASSOCIATION AGAINST DEFENDANT ROBERT LOUIS NELMS,
This matter having come regularly on Plaintiffs Application for Judgment by Default against
Defendants Robert Louis Nelms, aka Robert Nelms, and spouse of Robert Nelms, if married to Robert Nelms on July 18,2002, and default of said Defendants having been duly entered; the same is hereby confirmed and Plaintiff having proven the material allegations of the Complaint, THE COURT FINDS that Defendants Nelms have knowingly violated the Community Documents and the Plaintiff will suffer immediate and irreparable injury and damage ifinjunctive relief is not granted.
IT IS ORDERED granting the requested injunctive relief and requiring Defendants Nelms to
immediately remove the boat extending out of the carport and the travel trailer stored at the side of the residence on the Property from the Velda Rose Community; requiring Defendants Nelms to immediately remove the weeds from the yard and to keep the yard and related landscaping in compliance with the
1 Community Documents; requiring Defendants Nelms to keep their dog (and any other pets) on a leash and
2 under human control at all times while outside the residence; requiring Defendants Nelms to clean up after
3 the dog (and any other pets) at any time it is outside the residence; enjoining Defendants Nelms from
4 altering, removing, injuring or interfering with any plantings on Common Areas without first securing
5 written consent from the Board or Architectural Committee; enjoining Defendants Nelms from any further
6 acts of public intoxication; and imposing fines against Defendants Nelms at the rate of $100.00 every ten
7(10) days until all violations are corrected, which fines are secured by the foreclosed lien referenced below.
8 IT IS FURTHER ORDERED that Plaintiff have judgment against Defendants Nelms and all persons
9 taking by, through or under said Defendants on foreclosure as follows:
1. The Court finds that there is an indebtedness due and owing to Plaintiff under the CC&R's, Bylaws and Articles of Incorporation of the Association , '.unofficial document" -.at all such amounts are secured by a lien against the Property (identified below) for:
Lot 78, VELDA ROSE ESTATES THREE, according to Book 100 of Maps, Page 31,
Records of Maricopa County, Arizona,. aka 5632 E. Colby Road, Mesa, Arizona 85205.
a. The principal sum in the amount of $11,305.00, as of July 15, 2003, pursuant toA.R.S. § 33-1807(A), plus any additional fines incurred hereafter at the rate of $100.00 every ten days, with additional assessments accruing effective January 1,2004;
b. Plaintiffs costs herein of $503.00, including the costs of foreclosure and title search, plus accruing costs; and
c. Attorney fees in the amount of $3,253.00 to bring this action and to resolve the
dispute; and
d. Post Judgment interest on all amounts awarded herein at the rate of 18% per annum
pursuant to Article VH, Section 8 of the Declaration and paragraph 17 of the Complaint.
' "
The Court finds that said sums are secured by a lien against the Property and that the lien is a valid first lien on the Property and on the whole thereof, which lien is not subject to any homestead pursuant to j
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Causes of Action: Judgement on foreclosure and injunctive relief to collect fines of $10 per day and the homeowner association's lawyers fees and costs.
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Judge: The Honorable R. Jeffrey Woodburn
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Lawsuit Text
See attached files:
1. Judgement bySuperior Court Judge R. Jeffrey Woodburn ordering home and belongings sold to pay association fines and associaion lawyers (Charles E. Maxwell, Brian W. Morgan and Mark E. Lines lawyers fees and costs.
2. Filing by association lawyer Charles E. Maxwell(1997) to change the HOAs CCRs to allow association to fine and foreclose for fines and lawyers fees. The original CCRs did not give the HOA and the lawyers this power.
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Submitted Files
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Filename
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Description
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File Type
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File Size
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Click to download
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nelms_shooting.pdf
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Judgement by Judge R. Jeffrey Woodburn for HOA and CAI lawyers Charles E. Maxwell, Brian W. Morgan, Mark E, Lines
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PDF document, version 1.3
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230KB
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Download
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Maxwell.pdf
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Charles E. Maxwell(1997) changes the HOAs CCRs to allow association to fine and foreclose for fines and lawyers fees.
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PDF document, version 1.3
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230KB
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Download
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