I'm a Realtor in Phoenix, AZ. I'm representing seller clients, a husband (75) and wife (70) that live in a two story condo. The husband has incurable cancer, and the wife has Parkinson's disease--she is about to get eye surgery. She fell down the stairs the other day because she couldn't walk properly. They both only speak [foreign language] and don't understand any English whatsoever.
Several months ago, they were summoned by their HOA for a discussion. There was a leak in their balcony and that leak created damages to the condo unit below. The total bill to repair the leak was for around $12K-$15K. The husband's cancer recurred and he had to go to the emergency hospital when the meeting with the HOA was to occur. Obviously, he missed the meeting. Six months passed, and now the lawyer that represents the HOA sued the elderly husband and wife for not paying the bills.
Because I speak the language the couples speak, I went to the HOA to explain that the husband and wife had been medically unfit to meet and discuss these bills. At that meeting, my client clearly doesn't understand what the lawyer or HOA is saying. When he explained his side of the story, the lawyer got impatient and walked out of the room in a rude, and rather theatrical manner. He then comes back, to the room (without having listened to my translation of my client's situation) and said that the bill for the repairs is $15K. Then by the end of the conversation, he said the bill is actually $21K because he forgot to factor the $6K legal fee. Lawyer said my clients should pay the bill or else they will suffer consequences for years. I told the lawyer that the couple probably don't have years to live. Without flinching, the lawyer said, "Well, then their children will suffer the consequences".
Later that day, I receive an email with the invoice for the clients being $26K. Please note, this entire time, the lawyer and HOA are emailing me and not the clients, because the clients do not understand English. I challenged the bill, citing that $21K was quoted in the meeting. He then says, "Sorry for the confusion" and he rewrites the bill to $21K.
The couple are poor and they are racked up in medical bills. This back and forth has taken a huge toll on their health. They were never provided documents in the language that they understand. They were very confused, and were practically crying, saying that their lives were ruined. They asked for mercy. They asked if the bill could be $15K. I share this with the Lawyer, and he said he'll present it at the HOA board meeting. I asked if my clients (the elderly couple) can show up to the meeting and make a statement, and the lawyer flatly rejected it, saying the board has to decide.
I get an email a week later, saying the HOA Board unanimously rejects my client's plea for mercy. They agree to charge $22K. My clients get the note, and are confused--why does the bill hike again from $21K to 22K? Also, I ask for the meeting minutes,
Meanwhile, I miraculously get a buyer who makes an offer at the asking price, but due to these pending litigations, they are put on hold.
The couple I'm representing are poor. They can't get a lawyer. Not a single lawyer in town will even meet with us without us paying some kind of retainer or consultation fee. What do I do? This feels like a very evil situation. What recourse do we have?
tl;dr - 1) Elderly Disabled Couple, Husband (75) and Wife (70) are sued by the HOA for pending repairs on their condo while the Husband is diagnosed with cancer and being treated with several rounds of chemo. 2) The HOA and their lawyer keep raising the repair bill arbitrarily, without providing any documentation or explanation for why that is. 3) The couple do not speak English, and have never received any documents in a language they understand.
What recourse do we have? The couple can't afford a lawyer. The worst part through, is that my clients are dying and are feeling absolutely miserable and are being financially devastated by this situation.
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source https://www.reddit.com/r/RealEstate/comments/16nfjb2/frustrating_situation_with_hoa_phoenix_az/
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