Court proceedings regarding burned Parkside home near conclusion

STAFF REPORT~ 1/11/2012

Following an inquiry by The Foothills Focus to Anthem Parkside regarding the status of the Anthem home burned on April 25, 2010, which still stands in disrepair on 3727 West Ashton Court, Parkside sent the following response from their attorney.
“On April 25 2010, the house located at 3727 West Ashton Court sustained substantial damage in a fire. The local authorities allege that the fire was caused by arson, and there are pending criminal charges against the owner of the property with the Maricopa County Attorneys’ Office.  In addition to the criminal investigation and pending charges, the property has also been the subject of litigation with regards to the insurance proceeds paid out as a result of the fire. While neither of these cases directly involved the Anthem Parkside Community Association, these cases have created obstacles for the restoration of the house, and limited the Association’s ability to take any action at the property.
The Association’s governing documents require owners to rebuild damaged or destroyed residences within 90 days from the destructive event. Unfortunately, the owners of this property are not in a position to rebuild the residence. As a result, the Association is and has been doing everything in its power to acquire control of this property so that it can legally remove and/or rebuild the structure without putting the community at risk of legal action. It is important for everyone to remember that the Association does not own this property. Therefore, the Association cannot simply tear down the house without the owners’ permission.  However, since 2010 the Association has been pursuing a two-pronged approach to resolve this situation.
First, the Association is in the midst of pending litigation with regards to this property.  See Case Number CV2010-098042, Maricopa County Superior Court. Through the ongoing lawsuit, the Association has already succeeded in having a Receiver appointed to control the property from a legal standpoint. A Receiver is a court appointed third-party that is obligated to take possession of an asset (i.e. house) with the obligation to restore, secure, and/or repair the asset. The appointment of the Receiver has allowed the Association and the Receiver to enter the property, remove debris, board up the windows, install pest-control devices, and secure the fencing around the premises.
Through the same lawsuit, the Association also seeks to foreclose on its lien against this property.  The portion of the case is scheduled for a final hearing in early February. After the Association obtains a judgment, the Association will be entitled to put the property up for sale 30 days after the judgment is obtained and the Association obtains a Sheriff’s deed for the property.   As soon as the property either sells to an investor or reverts to ownership by the Association, the Association will then be able to legally move forward with removal and/or reconstruction of the residence. If an investor purchases the property, then the Association and the investor will work hand-in-hand to bring the property back into compliance.  If the Association obtains ownership of the property, then the Association will immediately move forward with removal and/or reconstruction, and then seek to sell the property to a new owner.
Please rest assured that the Association will continue to do whatever is necessary to ensure that the property remains secure and to expedite the complete restoration of the property.  The Association greatly appreciates everyone’s cooperation and understanding in this matter.”