Saturday, April 16, 2016

NO TOXIC MOLD LAWS IN ARIZONA TO PROTECT TENANTS

  SUN GROVE RESORT VILLAGE

10134 W. Mohawk Ln.

Peoria, AZ 85382

By: Mark and Carol Fairall
        Sun City West, AZ 85375
  April 16, 2016


MARK AND CAROL FAIRALL REPORT ON TV ABOUT MOLD AT SUN GROVE RESORT VILLAGE (SGRV)
The only media coverage we received was from CHANNEL THREE ON YOUR SIDE ON 06/25/2012 concerning SGRV.
Scott Green
Ann Graham has passed away since this TV news report. Ms. Graham never received her deposit refund of $1,600 from SGRV. Scott Green hired by SGRV Ponzi Scheme in 12/2005 and was fired by the SGRV investors in 08/2012 for being a Medicare Fraud Felon. He was put back in a Boston jail for parole violations. Scott Green was found guilty in 2005 of falsifying 2,679 Medicare claims for services he did not perform. (USA v. Green #105-cr-10166DPW)
Sun Grove Resort Village was one of the investment properties used in California's largest real estate asset based Ponzi Scheme called AREI/OAKDALE HEIGHTS. This Ponzi defrauded 2,000 investors of $250 million and financially destroyed 23 senior living facilities. The 20+ investors in SGRV got back the property in 2008 after the Ponzi collapsed but had to file bankruptcy in 2013. The SGRV investors lost nearly $5 million. The SGRV was then managed by the mortgage loan guarantor, Fannie Mae, until it sold in an auction in 2015 to Hoazilla LLC. Now it is reopening for business under the name of THE FOUNTAINS AT LAKE PLEASANT.
Arizona media ignored this huge Ponzi story that negatively affected so many seniors.

NOTE: I knew the SGRV investors' well. I helped them in 2008 stop the foreclosure by Bank of America. I assisted in getting the bank to rewrite the mortgage. I had a lot of personal and financial information since I am a retired Bank of America Vice President. Sadly, the greedy SGRV investors had no skills to run the SGRV senior living property and refused to add the needed operating funds to maintain the disintegrating SGRV property.



Top of Form

LANDLORD RESPONSIBILITY CONCERNING MOLD - ARIZONA NONE
The only states that have mold laws that protects renters are: California, Indiana, Maryland, New Jersey, and Texas. New York City and San Francisco have ordinances to protect renters from mold problems. Arizona Department of Environmental Quality is not concerned about toxic indoor mold in rentals. Arizona does have mold protection laws for schools but not rentals.
Arizona is a Slumlord's Paradise because of the few renter protection laws. Also, Arizona law does not allow the renter to break the lease even when their life is in danger.
NOTE: We have been trying to get stronger renter protection laws for six years with no success. Arizona's motto is: "Business Before People."

ARIZONA HAS NO MOLD PROTECTION LAWS FOR RENTERS

We were just informed by the Peoria Building Permit Department that 

permitting the Sun Grove Resort Village (SGRV) repair and remodel that

 there are no Arizona laws about toxic mold. SAD!


This was a distressed senior living property that was sold by Fannie 

Mae at a huge reduced price. We hope the Peoria Building Permit 

Department properly makes SGRV a safe and healthy place for the 

elderly residents soon to live there.

SGRV will soon reopen at THE FOUNTAINS AT LAKE PLEASANT.




PEORIA BUILDING CODE ENFORCEMENT INFORMATION
We recently filed our concerns about Sun Grove Resort Village's (SGRV) improper repair work of the senior living facility that is being reopened. SGRV was poorly maintained for ten years when it was destroyed by a Ponzi Scheme (AREI/OAKDALE HEIGHTS). The previous SGRV owners filed for bankruptcy and Fannie Mae sold the distressed property at a reduced price at an auction. Repair work is now underway and the 86-unit senior living property will soon reopen as THE FOUNTAINS AT LAKE PLEASANT.

The SGRV compliance to commercial building codes are being investigated by Peoria policeman Tony Tate. He is one of that city's code-enforcement officers. Mr. Tate just wrote that there are many SGRV building permits and two fire permits that are being reviewed but the city does not regulate mold problems.

In our effort to understand what a code enforcement officer does in Peoria the below newspaper report was informative. The article shows that Peoria code cases had 8,784 code case in 2010 of which there are 2.3 violations per case. That is over 20,000 code violations in 2010 in Peoria. The code enforcement procedure is to respond to a complaint and view the property. The property owner has a short time to comply to repair code violations. A second inspection is done and a citation is issued if the problems are not corrected. The code violation problems move to Peoria Municipal Court if it continues to exist.

It appears that our complaint of the illegal activity of using unlicensed contractors to repair the dangerous property conditions at SGRV is on the top of the list for concern since only 5% are classified as illegal business activity. The SGRV property code violations are fixing dangerous property conditions of: bad wiring causing fires, broken elevators killing pets, uneven walkways causing injuries and a death, fire trap conditions of broken elevator phones and broken emergency apartment alarms system, and leaky wall pipes causing toxic mold and electrical problems. Most of the complaints to the code enforcement violations are for overgrown weeds and trash.

We hope the Peoria Code Enforcement properly does its job and protects the future elderly residents of SGRV. This senior living facility soon will reopen under the new name of The Fountains at Lake Pleasant.

NOTE: We are concerned that this is a Peoria Police matter. In our 2010 elder abuse complaint to the Peoria Police they told us they did not have the manpower nor concern to worry about elder abuse at SGRV. So far 40 of the 66 elder abuse cases we documented at SGRV died without any justice. The Peoria Police even ignored our private detective's report confirming the elder abuse criminal activity at SGRV.



EXCELLENT BOOK ABOUT TOXIC MOLD EXPOSURE

Sadly, Arizona law has no mold laws which exists in many other states

and cities to protect renters. We have tried for six years to get the Arizona 

lawmakers to pass a mold law without any success.

Wake up Arizona lawmakers and put the protection of people before 

business greed.


MOLD KILLS AN ESTIMATED 50,000 PEOPLE IN THE USA A YEAR - 

ARIZONA IS THE SIXTH WORSE STATE FOR MOLD

Arizona has no mold laws to protect renters and homeowners like in 

California, Texas, Indiana, Maryland, and New Jersey.


Arizona is ranked the sixth worse state in the nation by Greenguard 

Environmental Institute. It is not so much a moisture problem that causes 

mold. According to the study the states that have the lowest construction 

standards have the highest rate of mold problems.


Arizonans are misinformed when they think this state does not have a 

mold problem. Arizona has a huge mold problem!


NOTE: Arizona Motto: "Business before People."


YOU CAN TRACE BUILDING PERMITS ON BUILDZOOM.COM

Sun Grove Resort Village (SGRV) is being repaired but we only see one 

building permit #1601360 issued for the club house on 03/24/2016. That 

was for only the remodeling of the bottom floor of the club house by Aak 

Architecture. SGRV is going through a complete repair and remodel of the 

main club house and the 86-units.


In speaking to the workman last week at SGRV they are working on five 

units a day in a rush, without licensed contractors, to reopen. According to 

the Peoria Commercial Code Enforcement Officer. Tony Tate, several 

new building and fire permits are now under review.


It is important that this is done right because the senior living property was 

sold "as is" by Fannie Mae at million discount for just over $4 million 

because of its dangerous conditions. We saw many people injured at 

SGRV because of the poor maintenance of the property (which last ten 

years). SGRV's cash flow problems were caused by the AREI/Oakdale 

Heights Ponzi Scheme. That was California's largest asset based Ponzi 

Scheme that defrauded 2,000 investors of $250 million while destroying 

23 senior living facilities. The mastermind, James Koenig, received a 43-

year prison sentence.
James Koenig

This Ponzi scheme story has been ignored by the Arizona press for seven 

years but it was big news in other states.

NOTE: We hope the Peoria's code enforcement officer, Tony Tate, 

oversees that all the building problems are fixed This need to be done to 

insure the future elderly residents are safe. SGRV 's new name will be 

THE FOUNTAINS AT LAKE PLEASANT.

SPECIAL NOTE: Blue Valley Apartments, Inc. is listed as the client of the 

SGRV contractor. This is just a shell game because the real SGRV owner 

is Hoazilla, LLC.


THE CALIFORNIA TENANT LAWS PROTECTS RENTERS FROM 

UNSAFE AND DANGEROUS CONDITIONS

Arizona is the "Slumlords' Paradise" because the Arizona Landlord Tenant 

Act was written by the attorney Scott E. Williams. Mr. Williams is the 

"Arizona Evictions King" with over 100,000 evictions in 20 years. Mr. 

Williams represents slumlords and was the attorney for Sun Grove Resort 

Village (SGRV). Mr. Williams aided the former SGRV manager and 2005 

Medicare Fraud Felon, Scott Green, defraud the elderly at that senior 

living facility with many baseless lawsuits. Mr. Williams is politically 

protected because he represents Maricopa County elected officials on 

election matters.
Scott E. Williams

It is no surprise Arizona has no law provisions to protect renters from toxic 

mold which exists at SGRV. We have been told by the Peoria Commercial 

Building Code Enforcement, Tony Tate, that there is nothing that can be 

done about the SGRV mold. SGRV was allowed to deteriorate into a 

dangerous senior living facility for 10-years since it was financially 

destroyed by the AREI/OAKDALE HEIGHTS Ponzi scheme. Our 

documentation was provided to the federal judge in California who 

sentenced the Ponzi mastermind, James Koenig, to 43-years in jail.

SGRV went bankrupt and was sold by Fannie Mae "as is" for a 20% 

reduction of the estimated $5 million value. Fannie Mae was fully informed 

about the dangerous SGRV property conditions because we were in 

contact with the feds. The feds even pulled the first auction of the SGRV 

property and sold it through the distressed property sales company 

OCWEN REO (real estate owned).


California Tenant Law emphasizes "HABITABLE" to protect the renter. If 

the landlord fails to repair dangerous and unsafe conditions the landlord 

has BREACHED (broken) the lease. This even covers the repair of 

dangerous mold problems which could harm the renter. Arizona law 

requires the renter to fix the problems and attempt to collect from the 

landlord the expenses. This is not fair and puts the Arizona renter at risk 

from dangerous property conditions.


NOTE: My wife, Carol, was sued twice for breaking her SGRV lease when 

the SGRV property refused to fix the mold problems in her #1027 SGRV 

apartment and blocked the delivery of her anti-rejection medications. Scott 

judgments. The Arizona legal system fails to protect renters from criminal 

slumlords and their shyster attorneys.

SPECIAL NOTE: Please read the attached reasonable California Tenant 

Laws. We have presented this information to Arizona lawmakers for six 

years but we have been ignored.


TOXIC MOLD LAWSUITS - FAMOUS PEOPLE SETTLEMENTS

Erin Brokovich - $ 600,000


Michael Jordan - Settlement amount not disclosed on a $ 2.6 million lawsuit


Lou Ferigno - $ 200,000


Ed McMahon - $ 7.2 million

AWARENESS OF THE TOXIC MOLD PROBLEMS AND HEALTH 

RISKS ARE CHANGING THE LAWS TO BETTER PROTECT TENANTS

Presently only 11 states have laws that requires landlords the remediation 

(resolve) toxic mold problems for tenants. They are: Florida, Illinois, 

Kentucky, Louisiana, Maryland, Maine, New Hampshire, New York, 

Oklahoma, Tennessee, and Texas. California has a version of the mold 

law which allows the tenants to break the lease when mold exists because 

their life is in danger. Arizona does not have any tenant mold laws. 

Arizona law does not allow you to break the lease when your life is in 

danger because of unsafe and dangerous property conditions.


Four states have civil and criminal penalties for a landlord that fails to 

comply to making their rental safe from mold problems, they are: 

Kentucky, Louisiana, New York, and Texas. The fine is $2,500 per 

violation and up to 90-days in jail for the landlord.


We presented this information to the Arizona House Ways and Means 

Committee on 02/14/2011 but it was ignored. Former legislator Jack 

Harper was more interested in passing the law making the Colt 45 the 

state gun. Lobbyists get the laws passed because the Arizona motto is: 

"Business First and People Last."


I have served on two Arizona governor's committees and had one 

governor as my bank customer. But Governor Ducey has refused to meet 

with us concerning the increasing Arizona elder abuse problems and the 

failure to protect Arizonans from business greed.


SUMMATION

The public needs to be aware of the toxic mold problem and risks. 

With the repair and reopening of the toxic mold filled Sun Grove 

Resort Village (SGRV) it is an excellent time to show how Arizona 

fails to protect to public from toxic mold.


Toxic mold usually reduces the value of property 10% but Fannie 

Mae was totally informed about the toxic mold problem at SGRV. 

Fannie Mae pulled the auction of SGRV and sold it through a 

distressed property sales company, OCWEN REO, for a 20% 

reduction of the estimated $5 million value for a $1 million loss. That 

shows you how bad the toxic mold problem is at SGRV.  This shows 

what Fannie Mae is concerned about $$$$$$$$$$$$s only.






We had three potential buyers who backed out of buying SGRV 

thank us for our internet warnings. However, the new SGRV owner, 

Hoazilla, sued us and attempted to foreclose on our home in order 

silence us. They were stopped and their illegal lawsuit has been 

reported to the CONSUMER FINANCIAL PROTECTION BUREAU 

(CFPB) as violations of the Federal Debt Collection Practices Act.


The future loss of health and life to the elderly residents from the 



toxic mold at SGRV (soon the renamed "The 



Fountains at Lake Pleasant") cannot have a dollar value 



placed. 

I know because I watch my wheelchair bound 

and bedridden wife, Carol, slowly die more everyday 

which was the result of her exposure to the 


toxic mold at SGRV.


SPECIAL NOTE: It is time to elect politicians that truly represent their 

constituents (voters) and not just be big business "LAP DOGS."

http://it-takes-time.com/2016/01/toxic-mold-and-the-law.html - .VxI1-wA6ucM.facebook



Carol Fairall in the hospital - transplanted liver rejection cause by exposure to SGRV's toxic mold




Letter thanking Carol Fairall for her efforts to protect the elderly.


President and Mrs. Obama's letter wishing Carol better health. 










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