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Mesa residents still fighting HOA, claim former board members misspent money

Posted at 7:04 PM, Jul 29, 2014
and last updated 2018-02-28 16:56:28-05

We've been following the legal battle between Superstition Lakes Condominium Association and its former leadership.

We met with former resident Kathleen Daurio last year. As she dug through board records and said she found nearly $40,000 used for items and meals that she said didn't benefit homeowners.

RELATED: Mesa HOA out of control? Homeowners accuse board of misspending funds

"I mean, they bought laundry detergent and almonds and vodka and baby wipes and just about every time they bought air fresheners," said Daurio.

Another resident, Jan Stuart, sued that former board last year. It ended in a settlement agreement that allowed a vote resulting in three members being recalled, and a new board put in place.

Residents say that isn't enough for them.

In a court hearing Tuesday, attorneys for the current HOA asked Judge Patricia Starr to allow their newest lawsuit to continue through the legal system.

"The best outcome is that any monies that are deemed by the judge to be appropriate for restitution are repaid," said current HOA member Donovan Volk.

Superstition Lakes residents say they deserve their own day in court to present evidence that they have uncovered.

"All anyone wants is to have that evidence presented in court and that a judgment is made," said Volk.

But attorneys for the old board members say allowing that would violate their legal agreement.

"In the settlement my clients, former directors of the association, were released by the association," said attorney Gary Smith. "These are dead issues that shouldn't have been brought up."

The settlement has a clause that essentially says the HOA and Jan Stuart both waived their rights to sue one another.

Residents argue the former members can be held liable as individuals.

Now it's up to a judge to decide.

We'll let you know when that happens.

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