questions & answers

Question: I live on an apartment complex that has individually owned units but one HOA that covers the entire complex. The pool has been out of use all summer (green and disgusting), despite numerous complaints. Today, I noticed a flyer from the Maricopa County Environmental Health Department that the pool was closed by the county because it is in violation of health codes. Is there some way I can get my rent reduced because of the lack of access to the pool? Considering I chose this location and agreed to the higher cost of living because there was a pool at the complex. Just curious about my rights.

Answer: You can try to get a partial refund by filing a case in Small Claims COurt for the amount you think you were overcharged for not having a pool, times the number of months you have lived there. Whether you win and how much, if anything, you get back will be up to the judge. IF the case does go to trial, make sure you get the Health Department people to testify for you. You might need to ask the court clerk for a subpoena for them to come.