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.
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."
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 o
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."
The
worst states for FTC fraud are: 
