TRO granted HOA posts 50k Bond

The Court granted the HOA's request to stop the construction of Romano's garage/ADU and game room until trial in July.

The Court ordered the HOA to post a $50,000 bond which cost the HOA $1,000 per year. If Romano's claims for unreasonable delay and/or damages are sustained at trial the HOA will have to reimburse the bonding company $50,000. Guess who pays that, You, the Homeowners!

The Court also ordered the HOA to immediately consider allowing a temporary garage upon Romano's renewed application and advised the HOA that they could not consider that the temporary garage would be five feet from the property line. The HOA contends that any structure must be within the Final Map Setback in the CC&R's, or 15' from the property line.

The City issued a building permit for the portable garage so most likely we will go back to Court to have the Boards refusal to allow the temporary garage ruled on by the Judge. Who pays for this? You do the HOA attorneys will charge the HOA even more money for this.

This is a conflict with CIty Code that allows 5' from the property line. The irony is that President Pipgrass, Vice President Bull, and other committee chairs Griggs, Clark, Wacther, and others, including their neighbors, all have structures on their properties that violate the Final Map Setback rule that they are trying to enforce against Romano.

The Board's actions are hypocritical, unfair, and unreasonable, not to mention just plain dumb. The garage/ADU can only be partially seen from the front on Romano's street high up on Muirfield Court, the game room and portable tent are totally concealed from all sides.

The HOA gave Romano permission to build these buildings in 2013 and abruptly reversed their approval later claiming that "construction was not completed in one year". Romano could not complete the buildings in one year because in the opinion of experts it could not be done by even the best contractors because of waiting for building permits, the fires, and shortage of materials.

The HOA has now delayed construction for 4 years and spent over $250,000 of your money fighting Romano in Court, all along refusing to sit down and discuss the issues.

We think the HOA will lose for several reasons and then the increased costs to Romano will have to be paid not only by insurance but by HOA members in the form of assessments.

The HOA cannot win attorney fees in this case, no matter what the HOA attorneys tell you, because the HOA refused to engage in Alternative Dispute Resolution (ADR) before filing their counter-claim.

The HOA still owes their attorneys $100,000 and we believe the HOA spend $20,000 on the restraining order and has liability for a $50,000 bond on the books.

The HOA is out of control and we plan to reform the HOA documents by a vote of the Membership to resolve these issues.