Edet Effiong Asuquo v. La Fuente Condominium Association - CV2019-015684

Edet Effiong Asuquo filed a lawsuit against the La Fuente Condominium Association on December 30, 2019, alleging that the Association breached its contractual duties under its covenants, conditions, and restrictions (CC&Rs) regarding repairs, maintenance, and water intrusion at his Phoenix condominium unit [1-3]. The primary issues in the litigation involved the statute of limitations, procedural disputes, and the subsequent enforceability of a settlement agreement [4-6]. Initially, the Association filed a motion to dismiss, claiming the action was untimely [7]. On June 9, 2020, Judge James D. Smith dismissed most of Asuquo's claims, ruling that only a single claim—regarding the Association’s failure to properly level the roof beneath his HVAC system in September 2015—was timely under the applicable six-year statute of limitations [4, 8]. As the case progressed, a series of procedural disputes arose, including an unsuccessful motion by the Association to designate Asuquo as a vexatious litigant due to his repeated, redundant, and procedurally incorrect filings [5, 9]. While the court denied this designation in July 2021, attributing his errors to unfamiliarity with litigation, it warned him to alter his conduct [10]. The central conflict culminated in an evidentiary hearing over whether the parties had reached a binding settlement [6, 11]. Following a court-ordered settlement conference on June 2, 2021, both Asuquo and the Association's counsel signed an agreement under Arizona Rule of Civil Procedure 80(a) [12]. Asuquo subsequently attempted to repudiate the agreement, claiming that he had been coerced by the judge pro tempore, that his HOA members were kept in the dark, and that the agreement lacked a mutual meeting of the minds because the Association's representative had not personally signed [13-16]. On August 31, 2021, the court rejected these arguments, finding Asuquo to be highly educated and noting that his attorney-signed agreement was fully binding [16-18]. The final outcome of the case was a complete dismissal with prejudice on September 2, 2021, under the terms of a court-mandated settlement agreement [19]. Under the finalized settlement, the Association's insurer agreed to pay Asuquo $10,000 in exchange for a mutual release of all claims through June 2, 2021 [20, 21]. The terms designated Asuquo as solely responsible for the installation, maintenance, and repair of the HVAC/heat pump system servicing his unit [22, 23], while the Association remained responsible for the building's common elements, stucco repairs, and roof warranties [23, 24]. Subsequent attempts to alter or enforce this outcome were denied [25, 26]. When Asuquo sent ex parte emails to court staff after the judgment, the court issued an order in February 2022 warning him that any future ex parte communications would result in a $250 sanction [25, 27]. Additionally, on March 6, 2026, Judge Greg S. Como denied Asuquo's motion to enforce the settlement or rescind its HVAC-related clauses, ruling that because the case was dismissed with prejudice in 2021, the court no longer retained jurisdiction to enforce the agreement, advising Asuquo that his only remaining legal option was to file a new civil action [26, 28-30]. Case Details: Case ID: edet-effiong-asuquo-v-la-fuente-condominium-association Docket: CV2019-015684 For more AZ HOA transparency resources visit https://azhoawatch.org Legal & Accuracy Notice - azhoawatch.org is operated by Hound LLC, a homeowner-run project, not a law firm. Nothing in this video is legal advice or creates an attorney-client relationship. We analyze public court, ADRE, OAH, and related public records and may express opinions. Not affiliated with any court, ADRE, or the OAH. Read the full Legal & Terms: https://azhoawatch.org/legal