HOA Nut House

Even the most heinous of criminals, murders, rapists, child molesters are afforded the right to face their accuser, the right to mount a defense and the guarantee to be presumed innocent until proven guilty. Yet if you live in Val Vista Lakes a master planned community in Gilbert, AZ, you are denied those most fundamental of rights by the Association's Board of Directors.

My friend has been accused of spying on her neighbor, so behind closed doors without any proof or without her knowledge they have made the determination that her real estate value and rights aren't protected. And the whole thing started a couple of years ago when "the neighbors" without HOA approval planted a ficus tree tight against the wall. This tree is known for its invasive root system and grows over 60 feet tall with a spread of 40 feet. Besides being tight against the wall, it's in an area only a bit over 6 feet wide and it's planted beside a natural gas line on "the neighbor's" side and on my friend's side, less than a foot away are phone, electric, cable TV and irrigation lines.

So in September 2006, she talked to "the neighbors" and voiced her concerns. "The neighbors" are very good at telling people what they want to hear, and so they agreed and promised to remove the tree. She not only voiced her concern, in April of 2007, when the tree still hadn't been removed, she showed it to a woman, also a neighbor, but more importantly this woman is a member of the VVL Board and sits on the VVL master architecture committee (MAC). The problem is she is best friends with "the neighbors" and has no qualms providing them preferential treatment. Last April she attended a dinner party at her friends home and the next evening at a MAC meeting where her friends, who never even attended wanted a variance, she openly argued their case for them.

What do you do when the people who are supposed to apply the regualations pick and chose? Now here's the kicker, to cover the wrong doing of this Board member and to give her friends an end run around the community requirements, the Board is trying to justify not equally applying the rules on a bogus claim of spying. After all my friend does live in a 2 story house and did enclose the balcony off the master bedroom. Anyone who's ever been to VVL will note this is the design of the community, one and two story homes side by side. In fact, the Board President has a 2 stroy home that overlooks his neighbors 1 story home and back yard swimming pool. The Vice-President has a 2 story, same exact model as my friends and it sits beside a 1 story model which is exactly like "the neighbors" home. He has a direct view into his neighbor's backyard pool. The Chairman of the MAC has a 2 story home with a large balcony that overlooks his neighbor's pool. I wonder if they spy too? Except for the Board President, all these homes sit on the lake with open backyards to anyone who passes by on a boat.

One man's paranoia has become her nightmare. And like she says, a short, pudgy, balding man in his 70's wearing a Speedo is definitely something she avoids having to see. Sadly, she's concerned that someday, perhaps sparked by a gardener's blower her home will explode. And saddest of all it could cause death, all because one woman got caught playing favorites and doesn't have the moral courage to even own it.