Help!!! Horrific HOA actions torture Homeowner.

My good friend, James Dean known as J.D by his friends, is a 66-year-old disabled man who has been one of the most generous individuals I have ever met. J.D. has helped many others and donated his time to helping others (homeless people, mentally ill street people, and others down on their luck). He has helped others grow employee-owned companies into successful businesses. Sadly, he has suffered from two recent Traumatic Brain Injuries (TBI’s), which have made life more challenging.

J.D. lived at the Acqua Vista Condos since 2005. In 2019, he was approached by the HOA Board of Directors and homeowners to run for election to the Board of Directors. The Acqua Vista Board and owners asked J.D. to share his 30-plus years of experience as a Board member of for-profit and non-profit organizations and as CEO of multiple companies. He was elected to the Board and conscientiously took on the responsibility, understanding that his duty was to protect the fiscal interests and physical comfort of all the members of the HOA. He assumed all members of the Board would have the same level of fiduciary commitment to all other Homeowners.

After being elected and serving for one month in a voluntary, non-paid position, J.D. noticed inappropriate actions by the Board of Directors and the property management company. When he pointed out the wrongdoings, instead of rectifying their mistakes, they attacked him publicly and defamed him in the community. J.D. contacted the Attorney General of California in an attempt to get corrective action taken. Instead, the Board Members took retaliatory actions against J.D. in multiple ways.

(List of misconduct by the HOA and Management is be listed below)

Unable to resolve ongoing disputes with the Acqua Vista HOA after numerous requests for meetings, J.D. was forced to initiate a lawsuit in November 2022, which is still ongoing. Thus far, J.D. has discovered that the HOA Board and management’s tactics are to refuse to provide subpoenaed records implicating them and have said they don’t have them or deleted them. Sadly, it appears homeowners at Acqua Vista HOA may not be aware of the damages that are growing daily while they pay no attention to the lawsuit because the Board Members are still not honoring their fiduciary duties to the other homeowners. Their tactic is simply stalling to increase costs to J.D. The legal costs to J.D. against the HOA have accumulated to over 200,000 dollars! Please help!

I am asking for your help on behalf of J.D. The funds are to help offset the growing legal expenses and to create a Non-Profit Corporation, Acqua Vista, LLC, to help all other HOA members with their HOA legal problems.

Retaliatory actions:

• In February 2022, the Board Members voted to remove his accessible disabled parking space without any explanation, despite him having had it since moving into the building in 2005.

• Neglected repairs to mechanical equipment, causing horrible noises in his Unit. J.D. could not sleep or live in these conditions and had to rent living space elsewhere.

• The Board then fined J.D. for allegedly yelling about them not discussing or negotiating a resolution.

• The Board filed a false Work Place Violence (WPV) Restraining Order against him with false sworn statements. J.D. was forced to hire an attorney to defend himself against these false claims. After the court hearings, the San Diego Court Judge dismissed the WPV Restraining Order and stated that he did not know why the HOA did this to their homeowners’ members. It was the 4th time the Board had filed WPV Restraining Orders against Homeowners.

• The Board of the HOA refused to discuss and negotiate with J. D. concerning the expenses related to his Unit: The removal of his accessible disabled parking space, his Condo being unlivable due to management’s failure to maintain the building equipment, and the false WPV Restraining Order.

Fiduciary misdeeds

• For years, numerous inexperienced Board Members had made decisions based on their personal feelings instead of honoring their fiduciary duties to all the other Homeowners in the association. All Board Members and Officers of a Home Owners Association have a legal fiduciary duty explained in the Davis Stirling Act (California Civil Code, for HOAs; other States have other legal codes).

• After being elected as Treasurer, J.D. discovered that the HOA Aqua Vista HOA had been violating the California Civil Code, which governs Home Owners’ Associations. The Board had rigged elections, held illegal board meetings, excluded other Board Members by providing inadequate notice, and disregarded bad and improper management practices.

The property management company allowed their Manager to push for the sale of a lien against one of the owners to a Vulture Investor. Just 24 hours after voting not to sell the lien, the Manager and the President of the HOA decided to have another emergency meeting and excluded J.D., the Treasurer. On that day, the illegal meeting commenced to vote to sell the lien immediately. J.D.’s vote would not have allowed the sale to occur. The Homeowner affected, known to J.D., had been suffering due to a diagnosis of Paranoid Schizophrenia. J.D. had asked for her family’s emergency contact information, and the Manager refused to provide it to J.D., a Board Member and Treasurer of the HOA. Later, during the day’s notice of the upcoming eviction by the Vulture Investor, the Homeowner, a lovely lady with a Ph.D. from Harvard University and mother of a brilliant son, was shot and killed in her Condo because she was terrified previously by the building Management, and she did not believe that the Sheriffs and Police were “Real” officers of the law.