Response to the Esprit HOA regarding reimbursement assessment against #79

 Letter to the Esprit Board dated 11.04.2022


Dear Esprit Board,

We received the homeowners' list complete with email addresses on 11/03/22, thank you.    

We are disputing the fairness/legality of the unjustified assessment and are also opposed to being maliciously discriminated against by having to use US mail instead of email, like all other owners can do, for HOA related communication.

We would like to resolve all matters without incurring any more legal costs to the association. We see this in a properly conducted IDR that is an open exchange between us and the Board (quotes below from Davis-Sterling.com).

Meet & Confer. Associations must provide a "fair, reasonable and expeditious" procedure for resolving disputes between the association and its members without charging a fee to the member participating in the process. (Civ. Code § 5910.) The process is referred to as "Internal Dispute Resolution" (IDR) or "meet and confer."

Default Procedure. If an association does not establish its own procedures, then the following procedures automatically apply (Civ. Code § 5915(b)):

(1) The party may request the other party to meet and confer in an effort to resolve the dispute. The request shall be in writing.

(2) A member of an association may refuse a request to meet and confer. The association may not refuse a request to meet and confer.

(3) The board shall designate a director to meet and confer.

(4) The parties shall meet promptly at a mutually convenient time and place, explain their positions to each other, and confer in good faith in an effort to resolve the dispute. The parties may be assisted by an attorney or another person at their own cost when conferring.

(5) A resolution of the dispute agreed to by the parties shall be memorialized in writing and signed by the parties, including the board designee on behalf of the association.
 
If the Board doesn't wish to discuss dismissal of the assessment, we will have no choice but go through mediation, and potentially through a lawsuit, thus causing more legal fees, most likely for all the 120 owners. This is not what we would like to see happen, but if forced, we will have no other option. 

The assessment as well as the treatment that we have been getting even at the last HOA meeting, when one of us was muted for no good reason, is malicious and discriminatory in our opinion. A recall of the Board for not acting reasonably is also costly to homeowners. Resolving whatever disputes you think you have with us by talking to us is the least costly avenue for all the homeowners.

We ask that the deadline of any payment be suspended until after a preferebly amicable resolution or a court judgement and after we receive a breakdown of the charges, which we to this day have not.  

--
Steven Geiger and Julia Sebestyen

(760)-422-3391

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