HOA Review of Romano Feb Plans

Romano submitted new plans for his garage/ADU and Game Room/Gym projects on Feb. 21, 2020. The plans were submitted to Barbara Zimmerman the HOA attorney along with a letter memorializing the date and demand for a timely review.

The CC&R's require review by the ACC consisting of members of the HOA and Board Members. The CC&R's also required timely review and approval or rejection within 45 days. If rejected the reasons for rejection and the specific requirements to get approval must be stated.

Approximately 5 days later Zimmerman rejected the plans outright stating they would not be reviewed because she believed that a small portion of the deck was extending into the Final Map Setback area that the HOA wants to enforce against Romano. The HOA is spending hundreds of thousands of dollars in HOA funds to pursue this matter in spite of the fact that the HOA has granted permission to many HOA members, including current and prior Board Members and the Chairman of the ACC to encroach on the same Final Map Setback.

In fact, the ACC approved at least two swimming pools that are substantially encroaching on the setback because the City had approved a setback closer to the property line than the HOA setback. Why is Romano different, because he insists on the same treatment given to other HOA Members? The City has issued three building permits for the work and according to a $10,000 study paid for by Romano, none of the structures can be seen from public or private streets. The City even waived Hillside requirements because the buildings are so hidden in trees.

But the HOA will not even reconsider its position because they want to be right and use your money to prove it.

On May 28, 2020, Daniela Pavone, another HOA attorney responded with a detailed letter claiming to have reviewed the Feb 21, 2020 plans and various reasons why the plans were again rejected. The Membership of the HOA should carefully read all the issues and reasons given and decide for yourself if you think the HOA should be wasting your money on persecuting Romano.

Many issues reviewed include items of structure and construction which the HOA is prohibited from reviewing according to the ACC Guidelines or cannot be reviewed because they are under the control of the building code, housing law, or other CIty ordinances.

Many demands are beyond the authority of the HOA entirely or are HOA rules declared null and void by State and CIty laws. The HOA flexes their muscles and demands the removal of structures that they have no authority to require and even question how many windows that Romano should have.

The largest problem the HOA has is it does not follow its own rules while demanding that Romano exactly and perfectly follow every detailed rule that the HOA's imagination dreams up.

In the Romano case at hand, the plans submitted are approved by the operation of the CCR's for the following reasons.

1. Attorney Zimmerman rejected the plans exceeding her authority and the HOA's authority to reject the plans because the ACC composed of members did not review the plans and did not reject them AFTER review within 45 days.

2. The rejection did not comply with the CC&R's and ACC Guidelines and provide the information required to be provided with the rejection. Many of the HOA demands are beyond the statute of limitations of the law and the HOA cannot enforce them.

3. The formal review of the plans is 98 days after submission and under the rules is too late to be effective. According to the rules, failure to reject in a timely manner with the reason for rejection results in automatic approval of the plans submitted.

Therefore the plans submitted are approved and Romano has permits and my resume construction anytime he desires.

The HOA has refused to allow the foundation to be poured to prevent the destruction of the forms in the next rain even though the HOA could be liable for the destruction.

The HOA threatened ADDITIONAL legal action to prevent construction from continuing by getting a Restraining Order against Romano to prevent construction.

Given the above facts stated in this document and the letters from Pavone/Zimmerman, along with letters from Romano and his attorneys, how much more of your money do you HOA members want to keep wasting on this HOA vendetta against Romano?

Here are the fact, stated in the attached documents, you decide. This is your association and your money.