SCHOA wins lawsuit, incurs $12,000 in legal fees

The Sun City Home Owners Association won a lawsuit over what one board member called “silly violations,” but in the process the organization ran up a hefty legal bill affirming that the covenant, codes and restrictions of the community are its jurisdiction.

Ben Roloff, president of SCHOA, believes that the association won more than just the decision against Paul Green of Sun City, when it was further proven that the group is the lawful arm for the CCRs.

For its victory though, SCHOA faces $12,000 in legal fees.

“I have not seen the total bill, but it’s more than $12,000,” Roloff said.

It is up to the judge to determine how much of that Green will pay.

“We fully expect to receive 100 percent, but it is still not determined,” Roloff said.

Green said he has no plans to pay SCHOA anything and will appeal the decision.

“I’m not too worried about it,” he said. “Somewhere along the line some judge will have common sense.”

The violations include visible clotheslines and an untidy lawn.

“They’re silly violations,” said board member Bill Pearson. “But they are violations.

“He represented himself thinking that he’d win and save himself some money,” Pearson said. “But he lost and he owes us this money.”

Green agrees that the violations are silly.

“I’ve lived here and hung up my clothes for three years,” Green said. “There were two sets of clotheslines in the back yard when I moved in. If you saw two clotheslines in the back yard, wouldn’t you think you could hang up your clothes?”

“I never knew there was a HOA here,” he said. “But I like it here and I like my neighbors.”

According to the judge, Green said, he has until Nov. 1 to remedy the violations, but he doesn’t plan on taking any action.

“I’m not touching anything,” he said. “It’s just common sense that you would hang your clothes out to dry in the state of Arizona.”