In 2009, homeowners in DC Lot Owners Association obtained a court appointed Receiver to find out what happened to some $650,000 in missing HOA funds. CAI members, and CCAL members, Maxwell & Morgan were the HOA attorneys. (See Arizona Capitol Times Oct. 7, 2009 article, Casa Grande HOA stripped of powers over accusations of theft and fraud).
In 2010, the Receiver then filed suit against Maxwell & Morgan and Charles Maxwell, personally — DC Lot Owners Assn v. Maxwell & Morgan, CV 2010-004684 — charging aiding & abetting, disgorgement, and breach of ethical duties among other charges. As of this date, some 18 months after filing the complaint, the Pinal County, Arizona Superior Court shows no record of the case number, or of a complaint being filed naming DC Lot or Maxwell & Morgan as parties. There is no record of a minute entry order to seal the court records, leaving the public totally ignorant of this important case involving HOA attorneys.
After some persistence, it was determined from a call to the Pinal County Clerk’s Office that the case was indeed sealed, no date given. Why is the public being shut out? Who ordered the sealing of the records? The Judge? Or was it pressure from the national HOA lobbying organization to squelch bad publicity about one of its self-declared, honored CCAL attorneys? There is no legitimate reason for sealing the records of this case. What happened to the $650,000? Who is responsible for the loss? The public has a right to know!
I am pursuing the matter seeking the help of media organizations to unseal the records.