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1 Dec 2008
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Subject: Flood Insurance...mini-update
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alyssaldUser is Offline

Posts:171

09/10/2008 12:10 AM Alert 

After reading that KB may be trying to sneak out my husband and I got very worried because they owe us a chunk of change for flood insurance they were supposed to pay but we got billed for....anyway, he found a disclosure that says:

"A Conditional Letter of Map Revision (CLOMR) has been issued by FEMA to remove this flood zone from all developed residential lots within Smith Farms preperty. The CLOMR is based upon fill placement and the construction of a levee from 3540 feet south of Bowlin Road to 1500 feet north of Bowlin Road. Once construction has been completed and as-built plans submitted and approved by FEMA, a Letter of Map Revision (LOMR) will be issued which will remove the site from Zone "A". Upon approval by FEMA, the mandatory requirement for flood insurance will be removed"  Paul W.R. Hoskin, P.E., of Hoskin Ryan Consultants, Inc (June 2005).

We have only been in our house for a little over a year and do not recall reading anything like this...our concern is the part that says "Once construction has been completed"...if they're sneaking out on us do they plan on fixing the problem? Have they fixed the problem? FEMA still says there is no LOMR submitted. Are they talking about the completion of homes or the completion of levees??

Would anybody else in DP be willing to fight KB on this if it comes down to it? I can't imagine we were the only ones lied to about the Flood Zone. We actually stopped signing papers when we got to that part because there was no way we could afford that expense....our salesman assured us it was a non-issue and that the re-zoning was already taking place. In fact, he told us they were just waiting on the new FEMA maps to come out to show that we were no longer in a flood zone...uh, wrong.

We have a laundry list of things that we were lied to about. For instance, I specifically asked about bugs (because I have a bug phobia) and was told by our old customer service agent "there aren't a lot of bugs out here because you live right by farmlands and they use pesticides all the time". Well, I grew up on a farm so I knew that was a load of crap but I certainly didn't expect an infestation like we have. I also specifically asked about the stench and was told by our salesman "I'm not sure what that is, but it really only smells during the summer". Yeah, did anyone know before moving here that the feed lot down the road is the 10th largest feed lot in the nation and that they have approximately 160,000 cows? We sure didn't. We were told that we lived near some small agricultural operations...we re-read the wording on our disclosure and it's definitely very tricky. To think, I felt bad about moving out here and pushing out the "family farms". There's a lot more we were lied to about, but we are definitely freaked about the Flood Zoning because we cannot afford to pay almost $4K extra every year. We were told that everything would be re-zoned within 2 months of us moving into our house...liars! Thankfully we wouldn't close until KB agreed to pay 2 years of flood insurance...thought we got a great deal, but now I'm thinking they've done that for a number of people.

Anyway, my husband is pretty livid about the condition of where we live. Between the Flood Zone and the poop fog we're ready to head out of town...oh wait, we can't because KB now sells the base model of our home for so cheap that we'll be here forever. When we bought our home we weren't worried about depreciation because we bought our "family home"; we did not intend to use it as an investment property. Seeing as how we can't use our backyard because of the stench (and poop dust) and we aren't thrilled about the idea of our kids playing in these conditions we've decided that this probably isn't the dream home we thought it was.

Mr.AldacoUser is Offline

Posts:7

09/12/2008 3:30 PM Alert 

The first thing we can do is begin e-mailing the city manager of Maricopa and write to him on the issue of flood insurance.  We all need to explain our frustrations and feelings toward the housing company, the flood insurance and how it can affects us to the point of moving. I have sent my e-mail already. Let's begin the pressure of change through e-mails first, then take it from there.

Here is the link where you can send your e-mails: http://www.maricopa-az.gov/web/government/city_mgr.php

alyssaldUser is Offline

Posts:171

09/12/2008 4:44 PM Alert 

Thanks! I'll add it to my husband's "honey do" list

bmw4242001User is Offline

Posts:356


09/13/2008 8:53 PM Alert 
FYI..my hubby went and talked to the office and was told that they resubmitted the papers to FEMA and should hear something back in 60-90 days. Apparently FEMA is being really strict with the zoning since the floods in IOWA. Those people are suing the government (especially FEMA) for not making flood insurance mandatory and them losing their houses. Just some infor on that. Now don't shoot the meesanger, this was just the info we got from the office.

Other info we got was regarding the pool. KB is trying to extended the fencing around the entrances to the top of building there. They have filed the plan with the City and are waiting for the City to approve it. Also, as residents, we are allowed to CITIZEN ARREST any trespassers until the police arrive. We have even asked a police officer if this was legal and not considered kidnapping or being held against ones will. IT IS NOT!! If you don't feel comfortable doing it yourself, the staff in the sales office can do it for you.

Again, with the info we got, its hard to believe the sales staff but I hope this helps a little bit.

Proud Momma of 2 beautiful boys!!!
alyssaldUser is Offline

Posts:171

09/14/2008 11:30 PM Alert 
Sadly, we have been told the same thing over and over for the past year..."the ppwk has been submitted, we're just waiting on FEMA and should hear something in a couple of months" and then my husband would call FEMA and they would say "KB still hasn't submitted a LOMR". The whole thing is frustrating

I've just decided to not even bother with the pool....I went out of town and my friend was house-sitting for us. She went to the pool and said that A) the stench was horrible and B) the flies were insane. So we decided not to bother.

Hey, so what's the deal with the kids spray park thing? Are they ever going to do something with it? Does it work and we're just too dumb to figure it out? We've checked it out multiple times over the past year and have never seen it work....and who decided that pool deck would be a good, safe surface for kids to run on when wet? Why wouldn't you use that rubber material like they have at the zoo's water park???
lazydoubleAUser is Offline

Posts:120


09/15/2008 6:13 AM Alert 
alssayd-
We would like to be included. Maybe file a Class Action lawsuit?
alyssaldUser is Offline

Posts:171

09/15/2008 10:59 AM Alert 
Not sure what we do and how we go about doing it. It just seems to us that if they told the same story to most of us then we would have some form of recourse. I think the new FEMA maps come out twice a year and I think that there's a new one coming up in December (I coudl be wrong) so it will be interesting to see if any additional re-zoning has taken place. I love my house and would love living out here if we didn't have to be stressed about money and air quality.

There is a website (I'm not sure what it is, I'll ask the hubby) that shows you the air quality for the various sections of Maricopa....we are always within the worst top two spots. I think we fluctuate between red which is something like "small children and the elderly should not go outside" and purple which is something like "nobody should go outside". I don't remember the technical terms they use for the levels though...I just know that when I looked at it I realized that this is not a healthy place to live.
JKirkUser is Offline

Posts:19

09/17/2008 10:51 AM Alert 
I have talked to Dave in the KB legal Department he is a very nice guy but everytime I talk to him he tells me the same thing. He says "Its about 3 months away" I'm tired of hearing that I live in a RED lot and I pay a high price every month thay need to figure out something cause I'm at my wits end with that same excuse!!!! I will be willing to do the law suit if things do not get resolved!
alyssaldUser is Offline

Posts:171

09/17/2008 11:24 AM Alert 
oh yeah, we've talked to Dave....several times actually. You are correct, it is the same story every time. I have a feeling they screwed up on something and that's why nothing is being done through FEMA....
JKirkUser is Offline

Posts:19

09/29/2008 8:27 AM Alert 
My Wife and I have been e-mailing someone back and forth about the flood insurance pay back and so far it has been nothing but trouble. KB better get there act together soon. Does anyone have any advice to make this go quicker or what I can do to help get my money back???? Thanks.
alyssaldUser is Offline

Posts:171

09/29/2008 9:48 AM Alert 
JKirk--there is honestly nothing you can do. Make sure you keep track of all emails you send and receive--don't delete anything. Do the same with VM's if you can...and make sure you always record who you talked to, the time, and the date....record it if you can! My husband went down to the office to sign what we needed and the jerky sales guy was like "I have no idea where it is. It's probably gone by now" Great. Thanks. We're facing another mortgage payment that's waaaayyyy over what it should be. The money is running out fast. My husband and our next door neighbor are trying to get stuff together, but it's hard to do when nobody will get back to you.
JKirkUser is Offline

Posts:19

09/30/2008 3:40 PM Alert 
Yeah we are keeping track of everything we are keeping it only e-mail that way we can save them..... We just need that money back from what we put into the Flood Insurance we live in a Red lot and had no idea that they would require so much for flood insurance we had a plan picked out before we moved in that was reasonable but they made us up it. So now we are fighting with them to get our $$$$$. Hopefully soon it will get all done thank you for your help.
alyssaldUser is Offline

Posts:171

10/01/2008 1:20 AM Alert 
Well, we can only afford the extra $600 a month for a couple more months....then I guess I have to get a job or we have to use savings or something. I don't know how they expect people to just randomly be able to come up with money like that....especially since it was their mistake!!

My husband is planning on take this to the local media. He hasn't received any return emails or phone calls. He was given another addendum to sign, but I'm sorry, we signed an addendum when we bought the house....not doing a different one after the fact.

Best of luck to you. We are working with our next door neighbor to try and get things organized for the whole community.
JKirkUser is Offline

Posts:19

10/01/2008 8:35 AM Alert 
Yeah they are giving us another addendum to sign as well. Glad I'm not the only one. Yeah I would like to see what you guys think and get together with everyone that in intrested in getting this fixed for the community. Just let me know how I can help in any way.
shanna1User is Offline

Posts:20

10/01/2008 10:24 AM Alert 

Ok, so will someome please explain this to me. I am a complette novice at this flood insurance thing. Are we required to have it. I have lived her for a year and am just now getting a letter in the mail saying that it is required so I have been working with my home owners insurance to obtaine it and it havs been a nightmare! It is going to make my mortgage go up almost a $100 a month. I am so confused, is it required or is it not required?

JKirkUser is Offline

Posts:19

10/01/2008 10:57 AM Alert 
Shanna, Welcome to our nightmare.... As of right now it is required as far as I know but you can look on the bright side that you are only paying $100 a month as appose to mine close to $250 or so. I have been here for about a year as well and when we bought our house that is when they said it was required to have. Also KB is suppose to be working on getting it lifted to where we will not need flood insurance. God knows when that will happen so far it has been false hopes and empty lies. Once we get the LOMAR that is suppose to be mailed to us that is when we can call out insurance company and have it all removed. In tell then we are all screwed. Just keep your fingers crossed that it gets fixed soon for all of us. Hope I got everything right and explained everything. others will fill in on what I missed. TTFN
alyssaldUser is Offline

Posts:171

10/01/2008 11:51 AM Alert 
Shanna--if you live in DP then yes, you are required to carry flood insurance. KB picked up the first year, and for some people the second year, too. We were one of the people that got the two year deal...except they haven't paid the insurance so our mortgage company automatically signed us up for their plan...which is $300+ a month...since it took them a couple of months to realize that KB didn't pay the second year they've been taking out an extra $600 a month from us (we have auto pay for our mortgage). Anyhoo, check the notice you got--it might just say that you don't have enough coverage and need to up it...we got a notice like that, too. KB is supposed to be taking steps to get us out of the flood zone. They've built the things they were supposed to, however, they apparently built the foundation for some (maybe all) the homes one inch lower than what FEMA requires....could've been taken care of with adding some fill dirt before pouring the foundation...I think someone doesn't know how to use a ruler!! Anyway, FEMA says KB hasn't submitted ppwk, KB says they have...blah blah blah. We were told that FEMA sets the prices for flood insurance...but my husband is finding that might not be true. He's checking into various plans. When you bought your house you should've had to sign a disclosure about the flood zone and flood insurance requirements. I would go back through your ppwk and find that disclosure. It should say that KB will either pay one year or two years.
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