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Caught between 2 HOAs, homeowners fret; HOAs must be proactive, says Rose Law Group litigator Olen Lenets

Posted by   /  October 2, 2019  /  No Comments

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The first few hundred feet of the trail have been all but obliterated. / AFN

By Paul Maryniak | Ahwatukee Foothills News

More than three years have passed since the Maricopa County Flood Control District and the City of Phoenix labeled a mountainside in the Tapestry Canyon area of Ahwatukee a hazard.

Citing “erosion and sediment hazards,” the April 2016 report lists the mountainside behind East Dry Creek Road and S. 14th Way among 39 Ahwatukee areas where homes and other buildings will sustain heavy damage in a so-called 100-year flood.

Homes on East Dry Creek Road sit at the base of the mountainside, now in the path of water runoff after severe storms. Over the last five years, that runoff  relentlessly ate away at a trail that has been a cherished neighborhood amenity as well as a natural diversion for water that cascades down the mountainside during heavy rains. Now, runoff in heavy rains could overcome the small drainage culvert behind the homes’ backyard walls.

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“Both HOAs have been put on notice of the issues their homeowners face and it would be wise of the HOAs to work together and figure this out proactively. If they choose to continue ignoring this problem, the HOAs may be subject to suit from the homeowners not just for damages, but potentially a more immediate and aggressive legal remedy such as an injunction.”

~Olen Lenets

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  • Published: 8 months ago on October 2, 2019
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  • Last Modified: October 2, 2019 @ 10:00 am
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