Lawsuits x3

Lawsuits

This is a brief description of lawsuits involving the Sky Ranch HOA.  It is a description of the complaints, which are allegations, starting with the most recent.  The first two are still being litigated, while the third has been settled.

 Lawsuit #1

 It was filed on 6/18/2021.

Remedies sought: monetary, nonmonetary; declaratory or injunctive relief, and punitive. 

The complaint begins with a description of the responsibilities of the HOA e.g. maintenance of landscape including the Fuel Modification Zones (FMZ).  “In general, the FMZ is a fuel modified defensible space designed to provide a ‘buffer’ area between residential developments and wildland areas to protect residential properties from the threat of wildfire.”

Allegations: 

The HOA Repeatedly Ignores Its Landscaping and Maintenance Obligations

  • Plaintiffs sent the HOA written correspondence and reminded the HOA to maintain the properties.

o   Examples include barren areas, weeds & brush, creating a fire risk, erosion.

o   Lack of ground cover contributing to excess runoff and clogged brow ditches

o   Irrigation running approximately 8.5 hours per day, three times per week, damaging plaintiffs’ landscape wall.  After acknowledging the issue, the HOA refused to take timely action.

o   The City shared some of the same concerns of the plaintiffs and fined the HOA for failing to take corrective action.

 

The HOA’s Meeting Practices Violate California Law And The Governing Documents

  • The HOA has failed to host membership meetings, publish agendas, publish minutes, and take action required by the CC&Rs and California law.

  • Holding unannounced meeting.

o   Membership not informed of the Notice of Violation by the City, nor that the HOA was entertaining landscape proposals, or the details of various landscaping plans that the HOA intended to evaluate.

  • Empty item on agenda. 

  • “Pursuant to Section 6.9 of the CC&Rs, financial statements of the HOA are to be reviewed quarterly, not annually.”

  • Meeting minutes not made available upon request.  “In addition, the HOA has failed to publish meeting minutes on the HOA’s online portal since January of 2020.”

  

Comment:  Many people in the community are probably aware of the issues.  My best hope for homeowners is that the community will improve and be safer.  I have run out of options to address the allegations, so unfortunately the lawsuit is necessary.  Recently, the HOA sent a letter to the community about the lawsuit.  The vague description of the allegation states only, “The plaintiffs are owners in the association, and the lawsuit contains various allegations of wrongdoing related to governance and operation of the association.”  At the moment, I’ll leave it to you to decide why this secretive HOA sent the letter about this lawsuit, yet they did not send a letter about the following lawsuit, nor specific information about the settlement with Lennar (Lawsuit #3 below).

 

Lawsuit #2

The HOA is suing the homeowner(s) of a house on Castilla Street.  The lawsuit was filed on 9/2/2020.

The dispute “arises from the second story rooftop or observation deck, and a slide from second story which goes into the pool…”  The HOA is asking that the court order the homeowners to remove the “unapproved improvements.” Should the homeowner refuse to comply, the complaint states, “Association should be granted the right of entry to remove the second story rooftop or observation deck and to remove the slide attached to the second story…”  The HOA asks for attorney fees, abatement costs (if necessary) and other expenses.

The complaint states that the HOA believes that the former owner of the home informed the defendants “that the second story rooftop or observation deck and slide from second story were in violation of the Association’s Governing Documents and had to be removed.”

The complaint states that the HOA believes that the homeowners “received a financial accommodation in the purchase price based on the pending violations.”

Again, from the complaint:  “Defendants, and each of them, have threatened to and will, unless restrained by this court, continue to maintain the non-complying structures on the Subject Property, and they will continue the acts complained of, and each and every act has been, and will be, without the consent, against the will, and in violation of the rights of the Association and/or its members.”

  

Lawsuit #3

The attorney for the HOA wrote a letter to homeowners that states the following:

We represent Sky Ranch Community Association. Over the past several months the Association's Board of Directors has sought and received advice from civil engineers and landscape architects concerning drainage, irrigation and landscaping conditions throughout the community. Based on that advice the Board of Directors has determined that the Association has legitimate cause for redress against Lennar Homes.

 Accordingly, the Association has filed suit against Lennar Homes. The lawsuit was filed on November 20, 2017 in San Diego County Superior Court. It is designated as Case No. 37-2017 -00044553-CU-CD-CTL. The purpose of the lawsuit is to recover monies necessary to effectuate repairs to the drainage, irrigation and landscaping conditions. The lawsuit does not affect or concern any of the homes in Sky Ranch.

 

According to court documents, the case was settled on 12/16/2019.

The HOA has yet to inform the homeowners the specific details of the settlement. 

In an October 5, 2020, letter (pdf), the board of directors announced that the case had been settled.  The letter provides a list of defects, but it doesn’t explain whether Lennar provided any funds or other resources, or if the HOA walked away with nothing but additional legal expenses.  They also don’t mention that the HOA agreed to assume the full responsibility for Lot L.  The letter states, “It is anticipated generally that repairs of the highest priority defect items will begin in the calendar year 2020, or first half of 2021. As the reconstruction planning process progresses, the Association will continue to update this disclosure with more detail as it becomes available.”

It's interesting that the board of directors sent that letter in October 2020.  Why didn’t they inform the community much earlier that the lawsuit had been settled?  They mention making repairs, but they don’t say how the settlement relates to the repairs.  For example, did the HOA “recover monies” to “effectuate repairs,” or is the HOA paying for the work and all the legal costs because the case went poorly?  Or, were the repairs being announced because the City had issued Notices of Violation and fines, with more pending?

Homeowners at meetings have repeatedly asked for the results of the settlement, but the board of directors has not to provided additional information.