Of the 66 General Allegations in the court appointed Receiver suit against the HOA’s former attorney, CAI and CCAL members Maxwell and Morgan, I have prepared a list of 13 allegations that I consider representative of the allegations. On behalf of the public and its constitutional right to know, they are listed because the court completely sealed the records in DC Lot Owners v. Maxwell & Morgan, CV 2010-004684, Pinal County Superior Court, AZ, so that an online public inquiry results in a “not found.”
I have not been notified by the court of any such order to close the records, nor was I permitted to see a copy of the order to seal the records. Such failure to provide a notice and reason for closing court records violates the Arizona Supreme Court Rule 123(d): “Upon closing any record the court shall state the reason for the action, including a reference to the statute, case, rule or administrative order relied upon.”
Understand that an allegation is a claim of wrongdoing by a party to be proven in court. I am sure many readers will identify with similar activities by other attorneys that have occurred in their HOA.
To understand these allegations, some clarifications are in order:
- “Majority Owners” is a group of owners who took control of the HOA.
- “Braslawsce” refers to the underlying law suit that resulted in the appointment of the Receiver, who is bringing this suit against the HOA attorneys.
Read the selected allegations here.