Homeowners:
Previously it was communicated that the Board was moving forward with settling legal case #2.
Today I received additional communications from legal relating to the filings with the court (the final part).
I continue to believe it is important for the Members of the Mesa Terrace to review the information and make their own conclusions.
In regards to case #2 a quick summary:
1. There was a water leak from unit #230 into #130. APM was contacted and they had no contact information for the homeowner. Once contacted the homeowner of #230 attempted to resolve the issue but could not without shutting off water to the building. APM was notified of the situation but it took 3 plus weeks to correct the valve which left the leak from 230 to 130 on‐going (between no contact info and APM delay leak continued for 5 plus weeks). The issue was addressed but the insurance company would not pay for the “extra” services incurred due to 3 plus week wait to fix the shut off valve. The Board/APM refused to reimburse the Homeowner for the fee(s) incurred dur to the delay.
2. The Board in conjunction with APM in an attempt to change how insurance is handled created a “document” which Shirley Pole as President executed and then APM took that document and changed how they would facilitate water issues moving forward. The document was inferred to modify the CCRs.
3. There was a water leak in #239 that ran into the downstairs units. APM and Board were notified of the situation and the claim was tendered to insurance. The Board and APM informed the Homeowner that due to the “document” signed by Shirley Pole the deductible was not going to be paid by the HOA. The units affected had to figure it out on who was responsible for what portions and the HOA had no further involvement.
Settlement Summary:
1. The old board (Zongfu and Jake) had approved the settlement with the HOA attorney BUT the settlement agreement did not get facilitated before the annual meeting.
2. The current Board (I abstained) communicated with the HOA Attorney and AFTER Zongfu and Jake’s current attorney communicated with the HOA attorney that they agreed (copy of communication included in the settlement packet) the current Board executed the settlement agreement.
3. As part of the agreement that Zongfu and Jake agreed to, they agreed that the “document” that had been executed by Shirley Pole as President (but they were involved in the process) was not valid and agreed to a Declaratory Judgement.
4. The HOA was required to pay $10,000 while the insurance company paid the remaining $21, 865.39 on the HOA’s behalf.
5. APM was covered by the HOA’s insurance, attorney and incurred no expenses.
My Comments:
I believe something needs to be done relating to water issues and water mitigation at Mesa Terrace. Have been saying this for years but it has to be done the proper way which REQUIRES homeowner involvement and cooperation. The Declaratory Judgement only proves the way in which it was done was improper but at the same time the issue(s) still remain for ALL homeowners, especially since the deductible now is $50,000 for a water claim which based on what came out of this case, the HOA is responsible for in the future. This is important for all homeowners to understand!
WHY is this important? Check with your insurance representative, don’t rely on my comments. Provide your representative the current HOA insurance policy and CCRs and ask them WHAT are you covered for! If you had a water claim will they help you OR based on how the CCRs are written (specifically the insurance section) will then refer you to the HOA?
Have a great weekend!
Scott
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