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Carpenter Hazlewood

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  • Robert S

    Date: 11/13/2023

    ******* attorney ***** ********************** of **********************, Hazlewood, ********************************************** (Carpenter Hazlewood) filed a notice of claim for $560,000 on behalf of the X9 HOA ("X9"), ****, **. X9 believes the Incorporate **** ** violated the law by including them within the boundaries of the proposed ************. On election day, November 7, 2023, the Proposition 402 was defeated by voters. Whether or not Incorporate ******* violated the law was never brought to court and with the defeat at the polls, it's a null issue. The purpose of this complaint is the Notice of Claim prepared by and filed by ***** ********************** of Carpenter Hazlewood is based on unknown future events. The Claim misrepresented the truth and unbelievably and knowingly filed for events that had yet to happen. Specifically, the $560,000 was calculated based on "the facts supporting the amount include a reasonable estimate of the taxes that will be owed to the ************ by the owners in the Association for ten years if the Association is wrongfully incorporated into ****." In my opinion, citing "facts" for events that have yet to happen is a breach of State Bar of Arizonas Ethical Rules. 1) The election for Proposition 402 was 15 days AFTER this claim. 2) There is no evidence that Incorporate ******* purported an increase in property taxes. In fact, Incorporate *******'s **************************************************** property taxes. 3) Property taxes can only be implemented by majority vote of the electorate which was not on the ballot. 4) A primary property tax rate assumed by Mr. ********************** is pure conjecture and clearly not based on facts. It is imperative that members of the ******* Bar adhere to the highest of ethical practices. Our society relies on jurisprudence to represent truth and the law. For Mr. ********************** to file a claim stating "facts" for events that have yet to occur does not represent ethical practice, the truth, or the law.

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