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HAINES v. GOLDFIELD PROPERTY OWNERS ASS'N

No. 1 CA-CV 04-0652.

118 P.3d 1134 (2005)

Randolph J. HAINES and Kathleen N. Kenney-Haines, husband and wife, Plaintiffs-Appellants Cross-Appellees, v. GOLDFIELD PROPERTY OWNERS ASSOCIATION, an Arizona non-profit corporation, Defendant-Appellee, and Fountain Foothills Limited Partnership, an Arizona limited partnership; Fountain Foothills 80, L.L.C., an Arizona limited liability company, Defendants-Appellees Cross-Appellants.

Court of Appeals of Arizona, Division One, Department C.

September 6, 2005.

Attorney(s) appearing for the Case

Randolph J. Haines, Kathleen N. Kenny-Haines, Fort McDowell, Plaintiffs-Appellants/Cross-Appellees, In propria persona.

Tiffany & Bosco P.A., By Robert A. Royal, Tracy S. Morehouse, Chad A. Hester, Phoenix, for Defendant-Appellee.

Mohr Hackett Pederson Blakley & Randolph P.C., By Robert C. Hackett, Matthew J. Kelly, David W. Garbarino, Phoenix, for Defendants-Appellees/Cross-Appellants.

OPINION

LANKFORD, J.

¶ 1 Plaintiffs Randolph J. Haines and Kathleen N. Kenney-Haines appeal from summary judgment in favor of Defendants Goldfield Property Owners Association ("Association"), Fountain Foothills Limited Partnership and Fountain Foothills 80, L.L.C. (collectively, "Fountain Foothills"). The issue on appeal is: Do Arizona statutes prohibit the distribution of excess assessments to the Association members? The issues raised on cross-appeal...

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