Brief Case History
0. RV purchased @ 3/31/2021
1. Received 1st email from Sub HOA for parking violation per CC&R section 7.6.4 on 7/29 /202
(refer to evidence #1: HOA email dated as 7-28-2021)
2. Homeowner has a different understanding of the CC&R; Homeowner attended the first Sub HOA hearing meeting on 8/26/2021. At the meeting, the board assigned an HOA Member LT to investigate the case.
3. HOA board member (LT) completed the investigation. Sent report to HOA Board Community Manager JM for approval on 9/10/2021. The email was CCed to the homeowner as well.
4. 10/7/2021 JM (HOA Board Community Manager) sent an email back to LT and CCed the homeowner as: “The pictures and resolution you made with NNN(homeowner) is fine. We’ll save this in our records. We believe you (LT) represent the rest of the Board in resolving this concern. Case closed.”
(Refer to evidence #2: JM email dated 10/7/2021)
5. Received Master HOA’s letter for the same issue. After discussing with Sub HOA, Master HOA emailed to homeowner “have confirmed with the sub, that you have met all of the criteria,” at 1/21/2022
（refer to evidence #3, master HOA email dated 1/21/2022）
6. 5/11/2022. Sub HOA emailed the homeowner again to request to move the RV out with no new reasons. The homeowner requests a hearing to explain the reasons for the conflict message.
7. HOA sent another violation letter dated 6/17/2022 which is the same as the letter before
(refer to evidence #4, HOA email dated 6/17/2022）The homeowner continues to send HOA emails to ask the same question what has been changed
8. Received the 1st attorney letter at 8/22/2022
(Refer to evidence #5 1st attorney’s letter)
9. Homeowners attend the 2nd Sub HOA hearing. The homeowner asked for an explanation for the conflict messages. There was no answer to the homeowner’s question.
10. Homeowner forwarded JM’s approval email (evidence #2) to both JM and LT to remind the HOA’s original decision on 9/14/2022
11. JM replied email on 9/14 /2022, stating out his email ( evidence #2) was under the assumption that we ( homeowner )’ve communicated with the Board in advance, that we (homeowner)’ve represented the Board, and that they’re ( board) also aware of our arrangement with the other board members. JM’s original words “It’s expected that board members update on concerns among themselves. It was found out that they’re not aware of this arrangement at all.”
12. On the same day 9/14/2022, LT(who represents the board invested in our case but left HOA in 2022) reply to JM’s email as “During that time, I was on the board and representing the board in the meeting to handle the case. Please review the meeting minutes of the hearing for this case.
(refer to evidence #6 JM, LT email date at 9/14/2022)
13. The homeowner requested to review the HOA 8/26/2021 Meeting minutes. The requests were rejected by HOA member G, who said by law, the hearing section of the meeting minutes cannot share with the homeowner
(refer the evidence #7 sub-HOA G’s email response about the meeting minutes)
14. Homeowner attend 3rd Sub HOA hearing at 9/29/2022. HOA brought a lawyer to the meeting to hear both sides. The hearing section last less than 30 minutes. The homeowner showed the conflict message as evidence. No conclusion from the lawyer and HOA.
15. The homeowner received the second letter from the attorney dated 10/4/2022. Without a single word about the conflict HOA messages, the letter forced the homeowner to move the RV out within 15 days plus a $50 fine.
(refer to the evidence #8 Attorney’s letter #2)
16. The homeowner moved the RV out within 15 days, Homeowner has never paid the fine since there has never been a bill mailed to the homeowner.
17. 5/5/2023 Homeowner receives 3rd letter from the attorney. The letter first explained the reason for the HOA conflict decision is due to “You asserted, at the hearing that a Board member (since departed from the Board) had told you in 2021 that the parking of RV had been approved. However, any such unilateral representation was unauthorized by the board as a whole”.
18. the same letter requests the homeowner to reimburse the HOA attorney’s fee of $10,680 per the CC&R section 5.4.
(refer to evidence #9, attorney ‘s letter #3)
19. The homeowner requested to itemize the attorney fee at $10680.
(refer to evidence #10, Homeowner’s email 5/9/2023)
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