Herschel Condominium Association - Summary of Issues 2020-2025
This document outlines significant concerns regarding the management, Elder Abuse Reported, financial practices, maintenance, enforcement, and governance of the Herschel Condominium Association.
Elder Abuse reported by Unit 2 against Unit 1 HOA Owner and President.
June 2024 -San Diego County Elder Abuse Confirmed
I. Financial Mismanagement & Legal Spending
- Excessive Legal Fees: Over 25% of the HOA's revenue has been paid to Epsten Law, leading to the prioritization of legal expenses over essential property maintenance. This contrasts sharply with the period prior to 2020, where legal fees averaged less than $500 annually for 27 years under previous management.
- Bookkeeper/APS Issues & Financial Instability: Negligence in paying the water bill resulted in a critically low bank balance (under $4,000). Notably, payments to Epsten Law continued during this period of financial distress.
- Significant Unpaid HOA Dues: Unit 9 has accumulated over $65,000 in unpaid HOA dues spanning from 1980 to 2009, representing a substantial financial loss for the Association.
II. Deferred & Neglected Maintenance Lack of Planning HOA Reserves
- Unrepaired Crumbling Wall: A wall damaged by a truck (not a lemon tree) remains unrepaired despite board promises made since 2024.
- Neglected Ironwork: Iron railings have not been painted in six years, despite a stated yearly maintenance requirement.
- Poor Landscaping: The front landscaping suffers from neglect, evidenced by large, unsightly dirt patches.
- Stair Safety Hazard: Lack of maintenance led to the failure of the rear building stairs, necessitating emergency repairs.
- Costly Emergency Repairs: The Board consistently delays necessary maintenance, resulting in more expensive emergency repairs for homeowners.
- Unpermitted Roof Repair: Years of known leaks culminated in an emergency roof repair that was not permitted in advance, raising concerns about code compliance and potential future issues.
- Concealed Elevator Safety Issue: The elevator was "red-tagged" in November due to safety concerns, a fact the Board deliberately concealed from the homeowners.
- Damaging Brick Installation: A 2020 brick installation created a damming effect, leading to wood rot and further property damage.
III. Selective Enforcement & Abuse of Power
- Selective Approval of Modifications: Certain units (Unit 7 and another unnamed unit) received approval for screen doors and window replacements without a community vote, while Unit 2's similar requests are often ignored or require Board approval.
- Disproportionate Fining: Unit 2 was unjustly fined $41,000 for reporting an unpermitted remodel (by another unit) that caused noise issues. The Board failed to address the reported noise problem.
- Inconsistent Billing for Reporting Issues: APS charged Unit 2 for reporting broken and leaking pipes, while the owner of Unit 4 was not charged for similar communications.
- Selective Repair Responsibility: Units 2 and 7 have been required to make repairs following roof leaks, while in 2024/2025, selective repairs were made to Units 3 and 9.
- Unequal Notification Practices: Selective notices were issued to some owners, with Unit 2 consistently excluded from timely notifications, such as sudden water shut-offs.
- Disparate Water Shut-Off Rules: Units 4 and 8 experienced numerous unannounced water shut-offs, while Unit 2 was required to provide a week's notice (changed from 2 days after 27 years) for planned shut-offs. Board members can unilaterally turn off water for repairs without notice, a privilege not extended to Unit 2.
- Unequal Common Area Usage: The Unit 1 President's personal swing is stored in a common area, a practice prohibited for other homeowners.
- Abuse and Harassment:
- The HOA President (from Unit 1) has been accused of abusing a Unit 2 homeowner.
- The County of San Diego determined that a board member engaged in the abuse of a unit owner.
- The San Diego District Attorney has opened a Real Estate Fraud Investigation.
- The owner of Unit 6 physically assaulted Unit 2 after a communication regarding approved plumbing work. Unit 6 also failed to clear the plumbing work area.
- Unauthorized Actions:
- The owner of Unit 1 illegally rewired the electric box in the laundry room without proper authorization or a contractor's license.
- The HOA President (from Unit 1) installed a wireless camera in the laundry room without notifying homeowners (the camera was later removed following a complaint).
IV. Meetings & Governance
- Illegal Meetings: In-person meetings, as reportedly required by the Board President since 2020, have not been held. The Board conducts what appear to be illegal serial meetings within Unit 3, forcing some owners to participate via phone.
- Unfair Guest Policy Concerns: The current guest policy is perceived as inequitable, with owners in 1-2 units disproportionately subsidizing the water, utilities, and laundry usage of larger families with frequent guests. Concerns also exist regarding the management of guest noise levels.
This summary highlights a pattern of financial mismanagement, deferred maintenance, selective enforcement, abuse of power, and questionable governance practices within the Herschel Condominium Association, raising significant concerns for the well-being and financial interests of its homeowners.
Unit signs a Foreclosure Process-Unit 2 denied Due Process, Can't access Zoom meetings. See March 3 PDF below