CRUEL AND UNUSUAL – beaconhillvoice.com

CRUEL AND UNUSUAL?

YOU DECIDE.

We are Peter and Kim Wonderful and this is our story. We have lived in Beacon Hill for a long time on Main Street.

Please note that the names and address have been changed.

January 2022, we turned in our home improvement plans to the HOA.

July 26, 2022, we received approval. See documentation below.

After approval we were given the OK to take the story poles down.

WE WERE GIVEN APPROVAL.

About 10 days later we were sent a letter to put the story poles back up. The HOA said that they would pay the cost. I questioned why but was given no understandable answer. We thought to ourselves “here we go again.” We had tried 20 years earlier to add on to our home and had all kinds of problems with the HOA. It seems that the HOA asked for the story poles to be put basck up and paid for them suggests that they thought they had done something incorrect or not follow some procedure. In hindsight we foolishly complied thinking that any concerns would/could be settled amicablly or neighborly. For over a year this has not happened and we have found several instances where the HOA did not follow its own due process and still has not.

The HOA paid $2,495 to put my story poles back up. See documentation below.

YOU PAID FOR THIS.

Who does this? We can think of a lot of words for this. None of them nice. We go though the HOA process, follow all the rules and procedures and then the HOA who represents near 1,000 homeowners retracts the approval. We have never been given any explation as to why we had to put the storypoles back up. The HOA represents you. Do you live your life this way? The 5 board members at the time did not opposed this action. There are now 2 new board members. Not one board member at the time thought that the approval should be honored. This is not how honorable people act.

We followed all the procedures and did nothing wrong. The HOA did not follow their own rules and were aware of them.

I would hope that someone would ask the HOA how often this happens and where is this expence ($2,495) item accounted for in the financial statements???

Very unethical! How does the board live with this? What happened to honor?

When I discovered that the HOA was not following the HOA due process policy, (see arguments in 8.19 in different page on this website) I felt I needed to hire a lawyer to protect my rights.

THE HOA DID NOT FOLLOW ITS OWN DUE PROCESS POLICY.

So, my lawyer and the HOA lawyer go back and forth accomplishing little.

I asked for an IDR (Internal Dispute Resolution) and we met with 2 board members at a local coffee shop. Our lawyers were not at the meeting.

I pleaded my case about due process and was just told to lower my roof and get Wilson’s approval. As mentioned above, not the real name. We suggested a possible compromise where we would remove our chimney which I think would give the Wilsons a better view. The 2 board members seemed skeptical. We sent our offer to the HOA and the Wilsons via letter and email within a week. I never heard back from the HOA about this offer.

The Wilsons would not entertain the offer. I never had a response from the HOA board. For the record we have never been allowed to see the view from the Wilsons home on Elm street or have we met in person. They refuse to meet or allow us to see the view. This is really beyond comprehension.

When I found out that the HOA was not following the posted Due Process Policy, I hired a lawyer to secure my rights.

HOA did not follow their own rules and procedures. See document below.

They did not follow the due process section of the HOA View policy. This is further discussed in 8.19.

Please remember the HOA represents us. We are all neighbors. Do you treat your neighbor this way?? The Wilsons want the rights that the CC&R’S provide without the commensurate responsibilities.

WE HAVE NOT BEEN ALLOWED TO SEE THE OBSTRUCTION.

After an IDR meeting in December 2022, I offered a solution that would improve the view of Wilsons (remove chimney on my home) which they rejected and no response from the HOA board about my proposal/offer has been given

My lawyer and HOA lawyer have been going back and forth. How much has this cost the HOA members? It has cost me plenty.

During the March 2023 Zoom meeting 2 board members decided to shame me while my sound was turned off and I could not respond.

So now I have several options.

Allow myself to be bullied and walk away after having invested thousands of dollars on architectural plans, story poles, lawyer fees etc. Not to mention hundreds of hours, maybe a thousand hours of time working on this. Not to also mention the stress to my family on my quality of life and on my health.

I could spend time and energy over the next few years to help elect new HOA board members who will follow past precedent and the HOA rules and procedures.

I could sue the HOA which would mean I would be suing my neighbors and myself and if I succeed, the lawsuit will cost the HOA thousands of dollars. Insurance rates would go up. The HOA recently spent $25,000 to increase the liability insurance.

I could use this Blog/Website which I am very thankful for as an opportunity to appeal to my neighbors and ask you to contact the HOA and If you agree ask the HOA stop playing Calvinball and follow the rules and regulations and due process. Ask the HOA to follow the due process policy and resolve this. I have offered a solution that the Board and Wilsons will not discuss. I believe that my solution will give the Wilsons a better view than they have now.

I am asking for your help, The HOA plays Calvinball. No neighbor or member should be treated as we have.

In this recent election one board member in their candidate statement stated the following.

We fully agree with the above sentiments. We only wish they were true. The problem is that only some views are protected by the HOA. THERE HAS BEEN NO MEDIATION! NONE! ZERO! I have asked many times and have been refused at every turn.

NO MEDIATION.

I hope you see the injustice here and will contact the HOA that homeowners (your neighbors) should not be treated this way.

Please contact the HOA with any concerns.

Please also email us at Beaconhillvoice1@gmail.com so we can keep track of member concerns.

Seabreeze Management

Property Manager Cecilia de Heras
1211 Puerta Del Sol Suite 120

San Clemente CA 92673

800-232-7517

Cecilia de Heras cecilia.deheras@seabreezemgmt.com

If you would like to add any comments to this page or find something that is not accurate, please email us at Beaconhillvoice1@gmail.com

Here is a longer more detailed version.

CRUEL AND UNUASAL?

YOU DECIDE.

Sometime in late 2021 I decided after watching my 4 neighbors improve their homes to try again.

January 2022, I submitted all required documents to the HOA.

I worked with an architect and submitted my plans in January 2022 to the HOA. June 2022, I had passed all concerns of the ARC (Architectural Review Committee) and was asked to put up story poles. I believe they went up June 30, 2022.

July 26, 2022, I received approval. See documentation below.

WE WERE GIVEN APPROVAL.

July 5, 2022 the HOA was notified by the Wilsons 2 streets up the hill and off to the side on Main Street of a view objection of my improvements. (please note names and streets have been changed)

During the month of July during my normal daily activities I would run into a board member who I will call James who mentioned to me about the view concern but on several occasions also said not to worry about it. This was a board member who was the longest serving member at the time and on the view committee and the ARC. Based on this and that all 4 remodels that had recently been approved would have obstructed some view from up the hill I was not overly concerned. I also had knowledge of many view obstructions that members had complained about over the years and that the HOA ignored.

This is called Calvinball.

The HOA sent the ARC to look at the view at the Wilsons home on Elm. After the ARC’s report the HOA approved my project.

After approval I was given the OK to take the story poles down.

During the past 6 months before approval, I was talking with engineers, contractors, and other nurturing relationships so I would be ready to go when I received my anticipated approval. When I received my approval, I started making commitments to various parties.

Well about 10 days later I received a letter from the HOA to put my story poles back up which the HOA would pay for. (2,495) I did not know what to do. Should I ignore the HOA and go forward? Or go give into their demands. I decided to put the story poles up and play it out with the HOA. I was not interested in starting construction and having the HOA try to stop it, putting construction workers and putting my family in a legal situation I would rather avoid. I did not know what I did not know. So, the story poles go back up and the view committee goes to the Wilsons to see the view. I asked to go along but I was denied. The view committee overrules the ARC (Architectural Review Committee). The ARC is mandated in the CCR’S while the view committee is only advisory. Please read 8.19 as I mention problems with the view committee. The Master Board decided in favor of the view committee overruling the ARC.

Here is something interesting. I mentioned James earlier +who voted for me on the ARC committee then against us on the view committee and then against me as a member of the board. James was a long time Board member, ARC member and we remember James being on the view committee 20 years ago and with all that experience was not aware of the protocol and HOA rules.

Below are the procedures of the view committee that were not followed.

This process was not followed. The responding owner met first then the response petitioning owner we met separately we never heard each other’s arguments. I questioned this at the time. The HOA had a process that they did not follow. Very Sad. Some call this Calvinball.

I THINK WE DESERVE TO KNOW EXACTLY WHAT TRANSPIRED BETWEEN JULY 26, 2022 AND WHEN WE RECEIVED NOTICE TO PUT THE STORY POLES BACK UP.

DID ALL 5 BOARD MEMBERS AGREE WITH THIS? WHO DOES THIS? GIVE APPROVAL AND THEN REVOKE IT WITHOUT ANY WRONG DOING BY US. I REMEMBER AT LEAST ONE MEMBER RAN FOR THE BOARD THAT HE WAS FOR ALL HOME OWNERS. WELL MY WIFE AND I HAVE BEEN HOMEOWNERS FOR OVER 30 YEARS.

The HOA paid $2,495 to put my story poles back up. See documentation below.

YOU PAID FOR THIS.

Who does this?

This could easily be resolved but for some reason the HOA acts as if they have done nothing wrong (ie follow due process) and to seem to have zero interest in mediating this. I am ingored when I bring up due process even thought it is clearly laid out in the rules and regulations.

I would hope that someone would ask the HOA how often this happens and where is this expence item accounted for in the financial statements???

This is absolutely outrageous.

After we put the story poles back up and during my normal daily activities, I would run into James, and he mentioned that the HOA lawyer said they had to follow protocol.

We guess that means that they had not been following protocol.

AND WHEN THEY DID START TO FOLLOW “PROTOCOL” THEY DID NOT FOLLOW HOA PROCEDURES AND DUE PROCESS POLICIES POSTED ON THE HOA WEBSITE.

SO, A MANGEMENT COMPANY AND BOARD MEMBER WHO HAD BEEN RUNNING THINGS FOR WELL OVER 10 YEARS DID NOT KNOW PROTICAL, PROCEDURES AND DUE PROCESS.

ALL MEMBERS OF BEACON HILL DESERVE BETTER. WE HAVE A PAID PROFESSIONAL MANGEMENT COMPANY. THEY MAKE THE MISTAKES AND WE GET TO SUFFER THE CONSEQUENCES

I tried to find out what protocol was, but the management company (Dana Pacific) would not talk to me because I hired a lawyer by now and all correspondence had to go through my lawyer increasing my costs unnecessarily.

When I found out that the HOA was not following the posted Due Process Policy, I hired a lawyer to secure my rights.

HOA did not follow their own rules and procedures. See example below.

THE HOA DID NOT FOLLOW ITS OWN DUE PROCESS POLICY.

They did not follow the due process section of the HOA View policy and several others.

WE HAVE NOT BEEN ALLOWED TO SEE THE OBSTRUCTION.

I have been dealing with the HOA board ever since.

After an IDR (Internal Dispute Resolution) meeting in December 2022 with 2 board members. At that meeting I offered a solution that would improve the view of Wilsons which they rejected and no response from the HOA board.

My lawyer and HOA lawyer have been going back and forth. How much has this cost the HOA members?

During the March 2023 Zoom meeting I presented my case during the 3 allowed minutes. Later 2 board members decided to shame me while my sound was turned off and I could not respond.

So now I have several options.

Allow myself to be bullied and walk away after having invested thousands of dollars on architectural plans, story poles, lawyer fees etc. Not to mention hundreds of hours, maybe a thousand hours of time working on this. Not to also mention the stress to my family on my quality of life and on my health.

I could spend time and energy over the next few years to help elect new HOA board members who will follow past precedent and the HOA rules and procedures.

I could sue the HOA which would mean I would be suing my neighbors and myself and if I succeed, the lawsuit will cost the HOA thousands of dollars.

The November 2, 2022 minutes show that the HOA increased excess liability to $15,000,000 for a cost of $25,905.

Why was this done?

I could use this Blog/Website which I am very thankful for as an opportunity to appeal to my neighbors and ask you to contact the HOA and ask the HOA if this is normal treatment of our fellow members and neighbors? And ask the HOA to follow the due process policy and resolve this. I have offered a solution that the Board and Wilsons will not discuss. I believe that my solution will give the Wilsons a better view than they have now. Why do the Wilsons get to ignore the whole process.

I am asking for your help, The HOA plays Calvinball. No neighbor or member should be treated as we have.

I hope you see the injustice here and will contact the HOA that homeowners should not be treated this way.

Please contact the HOA below.

HOA 949-248-4300

pbell@danapacificms.com

Dana Pacific Management Services

32565 Golden Lantern B370

Dana Point, California 92629

The HOA has a View Obstruction Complaint Procedures

THIS WAS NOT FOLLOWED.

THE FOLLOWING ARE A SAMPLE OF LETTERS/EMAILS THAT WE SENT TO THE HOA ABOUT THIS ISSUE. NAMES AND ADDRESS HAVE BEEN CHANGED/DELETED.

The following excerpt from letter from HOA lawyer to my lawyer 12/12/2022

“In an effort to encourage a resolution among neighbors, I have advised the owners of address deleted that if a resolution is not reached by the January 3 Board (Zoom) meeting, the Board will be discussing at that meeting whether to rescind its decision. Therefore, as I said when we first discussed this matter over the phone, I encourage you to contact the objecting owners directly to discuss their concerns with them. This is not to suggest that the View Obstruction Committee will only approve a re-design if the impacted owners approve. The fact is that if name deleted and the street deleted owners reach a resolution, there will be no further need for the View Obstruction Committee’s involvement at all.”

The above apparently did not happen in that my lawyer contacted the Wilsons but it seems that the HOA lawyer did not contact the Wilsons even though the HOA lawyer suggested it.

We sent an email to the HOA lawyer and asked if he sent any communication to the Wilsons and received no response. The one time the Wilsons answered the phone and talked for a few minutes I asked if she had received any communication from the HOA lawyer and she said that she had not received any communication from the HOA lawyer and was not interested in discussing my chimney proposal.

The following is an updated summary of a letter that I sent to the HOA which sums up the situation. Names and addresses have been deleted.

TO BEACON HILL HOA BOARD MEMBERS 12/28/2022

We are sending this to you because the 3 minutes at the next HOA zoom meeting (1/4/2023) is just not enough time to sum up the situation. There has been correspondence between myself, my lawyer, HOA lawyer, Management company, and several Board members. I do not know if all the board members have seen all the correspondence.

We have lived in Beacon Hill for over 30 years in 2 separate homes. When we purchased our home just over 20 years ago, we submitted plans for a remodel that was opposed by an adjacent neighbor. After many changes the ARC finally approved our plans, but we were told that we could have no side windows, no balcony, and could not build completely over our existing deck. If our original plans had been approved, we would not be here today. It was much less than what had been most recently approved on our street.

Fast forward to 2015, one neighbor on our street was opposed by both adjacent neighbors, but the ARC approved a balcony, side windows, and building completely over the existing balcony.

Not sure of the date but another neighbor on our street had a remodel that the ARC approved a balcony, side window, and building completely over the existing deck.

Just before and during COVID a neighbor on my street had ARC approval for a balcony, many side windows, and building completely over the existing deck. The approval was made despite both adjacent neighbors opposing. The plans were not signed by adjacent neighbors. And a neighbor made some objections due to ocean view obstructions. For some reason these objections were ignored. For the record I supported all the remodels on our

street and even went to the city of Laguna Niguel planning commission and spoke in support of one neighbor.

During COVID another home was purchased and obtained ARC approval for a remodel building completely over the existing balcony/deck before moving in.

All the above remodels obstruct some ocean view from one or more homes on the street up the hill. Apparently, none of them complained at the time. What does that suggest to you? We would like to be treated the same as all other homeowners.

Over a year ago we started plans for a remodel thinking that it was now safe and that we could after 20 years finally improve our home because precedence had been established. We copied 2 neighbors on our street and turned in our plans to the HOA in January 2022. Our plans were given final approval by the ARC July 26, 2022. Our plans were signed by both adjacent neighbors every step of the way. About 10 days after receiving our approval letter We were asked to put the story poles back up. The HOA knew of the ocean view concerns from the neighbor up the hill but gave approval anyway. We complied and had the story poles put back up. This was no easy task. Many neighbors (including past HOA board members) say I should have just taken the approval letter to the city and started building. We spent those 10 days securing commitments to move forward on our plans which are now months later lost. These were relationships that were nurtured over months that are now mostly lost.

We have made many attempts to see the view obstruction but have been rebuffed by the complaining neighbor and the HOA. Our due process rights have been denied to us.

We have tried. Emails, phone calls, and a letter by US mail that were ignored by 1 the Wilsons except for one email we received from (10/29/2022) them Stating that “At this time, we will be going directly through the HOA for any remodel project contacts. We simply don’t have the time.”

There were 5 times, by my count, that the HOA could have facilitated a mediation and discussion.

When the Wilsons first contacted the HOA, the HOA should have let them know of the View Policy where they were to contact us per the HOA guidelines posted on the HOA website. This is the HOA policy that was not followed, and our due process rights denied.

When we had the View meeting at the pool HOA guidelines were not followed. Example we and complaining neighbor were separated and not allowed to meet at the same time thus not following the HOA due process policy.

We asked if we could go with the ARC to the home when they went to look at the view. We promised in writing that we would only look and not say a word. We were told no.

We asked to go along with the view committee and made the same promise. We were told no.

We asked to go along with the HOA board and were told no.

We are asked to work with 2 pictures that are enlarged which do not accurately simulate what the eye would see. As I mentioned, every remodel on our street has obstructed some view from one or more homes on the street up the hill. We do not understand how the view committee and HOA board members could ignore the view obstruction by the trees straight out and focus on the much smaller obstruction way off to the side.

When we moved into our home, I had a sweeping view of the ocean in both directions. Over the years it has been impacted by one remodel but mostly trees including tall pine trees. When Beacon hill was first developed the HOA allowed palm trees which can’t be trimmed. I have counted over 100 palm trees in the Summit which obstruct ocean and city light views. One home has 15 to 20 Palm trees. Apparently 8.19 was interpreted differently back then. I would guess that most of the palm trees were put in by the original owner. The HOA at one time back in the 1990’ was composed of many lawyers who I assume knew how to interpret 8.19. Also, many of the employees of Taylor Woodrow, including the CEO purchased homes in BH and were original homeowners. The palm trees were planted when they lived in Beacon Hill. Everything I have read in the past on the BH website tones down the strictness of 8.19. The 2002 view policy, the 2012 view policy and the fact that the enforcement is inconsistent to say the least. An example is the picture shown on the home page.

We sent a proposal to the HOA on 12/8/2022 based on the IDR on 12/3/2022. I have not heard a response to my proposal at this time.

Based on what they know, are members of the HOA board concerned that our due process rights were denied?

Based on what they know, are members of the HOA board concerned that we have had to acquire a lawyer to protect our rights while the Wilsons used the HOA as their advocate?

Based on what they know, are members of the HOA board concerned that the Wilsons have wanted their “rights” without exercising their commensurate responsibilities. I.e. following the HOA guidelines.

This has been a cruel process which has cost us time, money, pursuit of happiness and unnecessary stress on our health.

We request that the HOA honor the original approval. We have complied with all HOA requests during and after the approval process.

Thank you.

Peter and Kim Wonderful.

This letter was largely ignored.

These are my talking points for the zoom HOA meeting Wednesday March 1, 2023

I would like to direct you to the e-mail from HOA management dated 12-26-2022 to Wilsons where Dana Pacific asked them to follow the due process policy that requires homeowners to describe the efforts made to gain their neighbors cooperation, I have followed the due process policy and the Wilsons have not which is why I keep mentioning the due process policy was not followed.

I’d like to continue from last month where we were talking at the end about overturning the view committee.

I think I’ve shown you from a picture I sent you and the picture on the screen that the view committee is inconsistent and within the HOA the architectural review committee (ARC) approved my improvements even after seeing the view situation in person.

Now putting all that aside, I have proposed removing my chimney which I think will give Wilsons an equal or better view.

That’s just a modification and there’s no need to start all over with a new application.

I have asked for an IDR to help me understand this and so far, nothing has happened to that.

I also want to bring to your attention that one recent improvement on my street was given approval by the HOA despite documented view objections (including ocean) by an adjacent neighbor.

Not 2 streets up the hill and 5 homes off to the side.

We can end this now. By my count it has been almost 10 months and I could have finished by now.

I WAS CUT OFF BECAUSE SOMEHOW MY 3 MINUTES WAS UP.

THIS WAS THE MEETING I WAS SHAMED BY 2 BOARD MEMBERS WHILE MY SOUND WAS CUT OFF AND I COULD NOT RESPOND.