Case Summary

An overview of the slope failure, the dispute, and what the proposed settlement means for every homeowner in Las Brisas Pacificas.

What Happened
1989 to 2023 (35 Years)
The HOA maintained all slopes in the community: irrigation, planting, drainage, and pest control. Homeowners were prohibited from touching slopes.
2019
The HOA installed a French drain on the slope behind Unit 139 without engineering oversight. GeoTek later found this drain was reintroducing water into the slope.
April 2023
After heavy rains, the slope behind Unit 139 failed, opening a 45-foot crevice. The HOA initially treated it as their responsibility, hired GeoTek to investigate, and spent $10,000 on the investigation.
July 2023
The HOA reversed course and told the homeowner it was her problem. They eventually completed the repair ($65,434 via Mountain Movers) and billed her.
2024
Lawsuit filed. The HOA counter-sued and is now threatening judicial foreclosure on the home.
2025
Court denied the HOA's motion for emergency special assessment, requiring a community ballot vote instead. The HOA amended the CC&Rs to clarify language they admitted was "ambiguous."

The Proposed Settlement
What does the settlement involve?
The HOA would pay $295,000 to resolve all claims. The lien on Unit 139 would be released. The homeowner would take responsibility for any remaining slope repairs.
What does it cost each homeowner?
Approximately $1,745.56 per household, which can be spread over 12 months at $145.46 per month.
What happens if the vote fails?
The case goes to trial. Trial costs are significantly higher and the outcome is uncertain. The community's legal fees will continue to grow.

10 Facts Every Homeowner Should Know
  1. The settlement totals $295,000, split across 169 homes at approximately $1,745.56 per household. In exchange, all claims are resolved and the lien on Unit 139 is removed.
  2. The HOA made no difference between common and private slopes for 35 years, and never distinguished between maintenance and repair.
  3. In 2005, the HOA used community funds to repair rain-damaged slopes on private property (Green Horizons project), setting a clear precedent.
  4. The HOA installed a French drain in 2019 without engineering oversight. GeoTek's civil engineer later found it was reintroducing water into the subsurface of the slope, destabilizing it.
  5. The HOA had allocated reserve funds to slope repairs, including $40,000 in 2018.
  6. Homeowners were prohibited from maintaining or modifying slopes. A 1998 HOA newsletter called slopes "common areas owned by individual property owners."
  7. The HOA's insurer (Chubb) denied coverage, citing damage from the HOA's own "incorrectly performed" work.
  8. The French drain was installed without proper engineering oversight. This is undisputed by key HOA witnesses.
  9. GeoTek recommended two fixes: cap the drains and build a surface water redirect. Neither has been done.
  10. Going to trial risks significantly higher costs to the community, with no guarantee of a better outcome.
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