CBS 5 - KPHO HOA Tries To Evict Woman Dying Of Cancer 5-17-2011

HOA Tries To Evict Woman Dying Of Cancer 5-17-2011

Jason BarryReporter, KPHO.com
FLORENCE, Ariz. A Valley woman told CBS 5 News that her homeowner's association is abusing its power and trying to kick her out of her home.
Carolyn Silvia has breast and bone cancer. She moved to Arizona from Oregon recently to be close to her mother, who was living in the Florence Gardens retirement community in Florence.

• VIDEO:HOA Tries To Evict Woman Dying Of Cancer

Silvia said that her battle with cancer is nothing compared to the stress she's had to deal with from HOA board members.
"I don't make any noise or anything," said Silvia. "I just want to live here and die here and be left alone."
"It's cruel. It's inhumane," said Joan Hayes, Carolyn's mother. "Why are they singling us out?"
The Florence Gardens Mobile Home Association is trying to evict Carolyn and her husband because they don't meet the minimum age requirement of 55 years old or older.
Carolyn is 51. Her husband 53.
"Where am I supposed to go?" said Silvia. "I have cancer. Where am I supposed to go? This is my home."
According to a letter written by HOA attorney Charles Maxwell, "Ms. Hayes asked to be permitted to violate the age restrictive covenants," and allow her daughter and husband to live in Florence Gardens.
The HOA board turned down the request stating, "The association has always been aggressive in enforcing age verification."
However, that is not what CBS 5 News found.
Court records show that Connie Bojourquez moved into the Florence Gardens community when she was 52. She said that "my age was never an issue."
Chuck Thomas is another underage resident. He's currently 53.
"I know there's more out there and I know the HOA knew about it," said Melanie McKeddie, Silvia's attorney. "They've all told me straight up that I gave my ID. No question I was under age. They said to not worry about it, that it was OK."
Silvia said the problems don't stop there.
According to Silvia, their family was subjected to harassment from HOA board President Bob Sorcic, who took photos of Silvia's house.
"To me it feels like high school," said Silvia. "It feels like they have this power and they have nothing else better to do because everybody is gone and they just want to pick on the person that has the cancer."
A minute entry from an October HOA meeting implies that Silvia may be faking her illness.
The entry states, "Most of you who have dealt with cancer know that you don't go through chemo or radiation for a year. For some reason chemotherapy is still going on today."
In addition, the HOA board revoked all community privileges from Silvia, her husband and mother, even though they continue to pay their HOA dues.
"If they show up at the clubhouse, pools, shuffleboard or any Florence Gardens Amenity, they are trespassers," the entry states.
CBS-5 News made countless attempts to talk to the HOA board president, the former board president and the HOA's attorney, but no one ever answered the door or returned our calls."
After leaving more than a half dozen messages over a two week period, HOA attorney Charles Maxwell called back.
"The association has done everything to accommodate them," said Maxwell. "They have only an interest in trying to make money."
The case is now headed to court.
"If they want to kick me out, then I hope they sleep well at night," said Silvia.


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