On April 25, 2013 I filed a personal lawsuit against the Ahwatukee Recreation Center (ARC), regarding continued forced membership and increased assessment payments to such a recreation facility which has been eliminated by a U.S. Department of Housing and Urban Development (HUD) amendment, as a requirement to live in housing for older persons.

On Oct. 2 the Ahwatukee Foothills News published my story on its front page, entitled “Homeowner fighting to avoid ARC assessments.”

On Sept. 12, to legally protect myself, I had to dismiss my own lawsuit, because the court ordered that I have a meeting with the ARC Board to discuss the issues before I could get a judgment. The court only gave me nine days to set up such a meeting. According to the requirements of the ARC CC&Rs I knew this would be impossible to achieve. If I hadn’t dismissed my own case the court would have placed it on its inactive calendar and dismissed it automatically with prejudice, that meant I could never reopen my case.

Since September I have been attempting to get that special meeting with the board to carry out the judge’s order. Because the ARC Board is hostile to such a meeting, they and their lawyer have been attempting to thwart my efforts.

However, after a lot of time and expense (approximately 90 days) I have finally succeeded in getting that special meeting I sought. It will be on Monday, Dec. 9 at 11 a.m. in the main hall at ARC.

Originally I filed suit for my own benefit. Out of respect for the numerous members who have discovered my suit, and have contacted me for their own relief, this notice will be a chance for them to express themselves with the board. Therefore, I strongly suggest all members interested to be at this meeting as the board will only be impressed by a large turn out of dissatisfied members willing to fight for their rights. The HUD amendment relief was for the benefit of the ARC members and it has been kept hidden in the CC&Rs for more than 10 years. ARC plans to assess each member $3,745.09 for future renovations ignoring the fact that its CC&Rs are a mockery of contract law and no longer effective to support mandatory HUD ACT membership and assessments in such a recreation facility.

Ray Coawette

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