To the Board members regarding 475 Milan Dr. HOA policy violation

[Ivan]

Board memebers,

I am contacting you again because I am completely frustrated with your lack of response in regards to the resident's issue I reported a few days ago to the HOA. Nothing has been clearly done, so this resident still has her stuff outside her garage, sitting on the fire lane.

She had a garage sale this past weekend, but she since then left everything out and things are falling down and breaking on the ground so it is even worse. It is becoming a safety issue.

I can understand the water damage, but she could move her things up to her appartment (or an offsite storage) if needed, as anybody else would do if they had to have some repairsdone in their apartment.

I'll be having guests over this weekend and it's embarrassing to have them see the place where I live due to this resident's area . On top of all that the fire department entered her appartment as a petition of her son so they broke the screnner and now is hanging loos from her bedroon. It can fall anytime to the main exit and it looks really bad.

Same thing with the railing painting that she's requesting... it could not be done as she did not move all the things that she has on her balcony.

As I mentioned above, I'm very frustrated about this. I am tired of this resident not complying with HOA's policies and procedures... her current mess outside her apartment. All weekend long I heard neighbours approaching her and asking her to move her stuff back into her garage and start arguments with her.

I cannot accept your lack of prompt response to my request as we pay my HOA fees on time and expect the right support.

I see this as a very simple issue... make the HOA policy happen.
Ivan

[Admin]

Hi Ivan,

I'm not exactly sure what you would like me to do? Move her junk myself? I'm in the process of working with peach tree and our attorneys on the process to fine this resident. At the same time the vendor is working on identifying the source of the leak in order to fix it. We can't fix the damage in the garage until we know where the water is coming from.

If this was any other resident they would move their stuff into their apartment and not make excuses.

[trebor]

The residents of 475 Milan have now lived with the outside storage of personal belongings in front of the garage
of Unit 102 for a week now. What is most important is the expedient removal of those belongings! The
legal issue can and will be decided later. If Helen prevails the few hundred dollars spent to have her
belongings removed and stored will be paid by all of us homeowners. If the HOA prevails then Helen will
be responsible for the cost of removal and storage.

I believe Helen is in violation of several restrictions per our CC&Rs and that the HOA has the right to remove
her belongings and impose fines. It should be made clear that Helen has only 30 days of storage. She must
have her belongings back (within her residence) before the 30 days are over. If not, on the 31st day her
belongings will be disposed of. I am strongly against our HOA paying for unnecessary or excessive fees but
I believe the prudent thing to do is to have her belongings removed now and not wait to see if it is legal.

The condition of her deck is atrocious and the hanging screen is a safety hazard but indicative that she chooses
not to maintain the condition of her unit according to the CC&Rs. Helen apparently believes she has a right not
to play by the rules and can march to her own drummer but her actions are an infringement to our rights as
neighbors and HOA members. A court can decide who is legally right but what Helen is doing is morally wrong
and in total disrespect of her neighbors.

[Italia]

I have been on an HOA board in the past as President. CC & Rs allow for a fine without the need or cost of any attorney, for anyone who has been notified of not complying with the rules within the CC & R's and who chooses to ignore those requests for compliance. The Board of Directors already have the right to fine the homeowner after two warnings are ignored. If fines are not paid, then a lein on the property is allowed. The lein may require an attorney but the letter notifying of the fine does not. This should all be in our CC&R documentes which the board should be very aware of. I totally agree with TREGOR that the items should be hauled away to a 30 day storage, and Helen should be charged the fee. After that she either pays for longer storage, puts the stuff in her unit, or has the storage place discard of it.

It does not look like anything that is valuable and a practical person would have it hauled to the Milpitas dump on Zanker and be done with it.

[trebor]

What Italia states makes sense to me!!!! Is Ivan right in stating that this is a simple issue? I just called Peachtree and was told that this matter is in the hands of the attorney. That is of no comfort at all. If what Italia states is true, then the Board needs to send out the proper notice immediately and give Helen the opportunity to comply. Hopefully she will and this matter can be done with.

[Melanie]

I spoke with Christine at Peachtree today about the garbage outside of 475 Milan unit 102 and was told that attorneys are getting involved. I feel that this is ridiculous, all we need to do is get a dump truck in here and have these items moved and bill Helen for it.

I ask Christine why this issue has not been taken care of and she proceeded to blame our board of directors.

I did ask Christine if peachtree is documenting the phone calls and emails so that they could be forwarded to our board and she did say that they were documenting this information.
I was never ask for my building or unit number so how can they be documenting information if they are not getting names and addresses? Isn't that one of the things that we pay them to do?

I am so disgusted by the mess in front of 102 and also by the way that this is being handled. I do not live in the 475 building but this is also my neighborhood and I care about it. I truly feel sorry for the people that live in the 475 building and have to look at this mess everyday.

[Admin]

I spoke with Christine at Peachtree today about the garbage outside of 475 Milan unit 102 and was told that attorneys are getting involved. I feel that this is ridiculous, all we need to do is get a dump truck in here and have these items moved and bill Helen for it.

I ask Christine why this issue has not been taken care of and she proceeded to blame our board of directors.

I did ask Christine if peachtree is documenting the phone calls and emails so that they could be forwarded to our board and she did say that they were documenting this information.
I was never ask for my building or unit number so how can they be documenting information if they are not getting names and addresses? Isn't that one of the things that we pay them to do?

I am so discussed by the mess in front of 102 and also by the way that this is being handled. I do not live in the 475 building but this is also my neighborhood and I care about it. I truly feel sorry for the people that live in the 475 building and have to look at this mess everyday.

Thanks for the note.

So peach tree is blaming me for this, interesting.

I sent an email to peachtree and the rest of the board proposing we haul off the junk and charge Helen. I'm waiting on approval.

[Ivan]

Thanks Admin, please let us know how long and how many authorizations are required...it seems that you are the only one checking this so if there's any way to contact the rest of the board memebers we'll do it...as i say I'll be happy to see all that move before Friday.

[trebor]

I too want to thank Admin for all of his efforts on this matter. Right now this forum is the only direct link we have
with the Villagio Board of Directors and in reality with Peachtree. Admin continues to do a great job to see that our
voices are heard and appropriate actions are taken. Thanks Admin!!!

[LaDonn]

Now this is a hazard, as the boxes and other junk have now gone past the fire lane and therefore, action needs to be taken. If I was home this afternoon I would call the fire department and report it! Board, I don't understand the delay, I'm sure she is trying to avoid you but Just Junk and other type hauling businesses can get this done in a day and I'm sure it won't cost more than $200 for it to be hauled off by tomorrow afternoon! She obviously doesn't think it is anything other than junk otherwise she wouldn't leave it outside for 7 nights and 8 days! Please do something about this and post it so we know exactly what you are doing and when we can see this junk gone! Just saying you are talking to lawyers etc. isn't information it is a stall action in my opinion! So please, call a special board meeting, make an action and get the junk gone!

I'm having an elegant bridal shower on Saturday and the last thing I want my guests and family to see is that I live on Junk Alley! Absolutely unacceptable behavior on the part of the owner of #102 and complete disregard to her fellow neighbors! Shame on her and shame on you the Board for not acting quickly and nipping this kind of repeated behavior of this owner when the complaints started and/or with all the previous complaints that have gone unanswered!!

[Admin]

LaDonn,

I hope you join the board this coming election and help us drive this type of action. I've already requested that peach tree come down with a vendor and the police and remove the garbage.

[Admin]

At this point I am waiting on the other board members to approve my proposal to remove Helens items after the legal letter is served. The email is in their inbox to approve.

[Ivan]

It's gone!!!!!! thanks!!!!!

[LaDonn]

Thank you Board for making Milan Drive clear again! With the exception of a few plywood boards, all is gone! I know it is tough dealing with this challenge but those of us living at 475 greatly appreciate it not being here this weekend!

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