Key Highlights
Did the HOA distinguish between maintenance and repair of slopes?
No. Sandra confirmed the HOA made no distinction between slope maintenance and slope repair until after the slope behind Unit 139 failed in 2023.
Page 227
Were the CC&Rs clear about who is responsible for slopes?
No. Sandra admitted the original CC&Rs were "ambiguous" regarding slope responsibility. The HOA amended the CC&Rs after the lawsuit was filed to try to clarify the language.
Pages 41-42
Did the HOA maintain all slopes in the community, including private ones?
Yes. The HOA treated all slopes as common areas for 35 years, regardless of whether they were technically on private property. This includes irrigation, planting, drainage, and pest control.
Pages 74, 98
Has the HOA ever repaired rain-damaged slopes on private property before?
Yes. In 2005, the HOA used community funds (Green Horizons project) to repair rain-damaged slopes on private property, setting a direct precedent.
Pages 74-75
Were homeowners allowed to maintain their own slopes?
No. The HOA prohibited homeowners from touching or modifying slopes. A 1998 HOA newsletter described slopes as "common areas owned by individual property owners" and told residents not to maintain them.
Pages 167, 206
Was the French drain installed with engineering oversight?
No. The French drain was installed in 2019 on private property without any engineering oversight. Sandra described it as a "gesture of goodwill." GeoTek later found it was reintroducing water into the slope.
Pages 45, 83-84, 112, 198
Did the HOA allocate reserve funds for slope work?
Yes. The HOA set aside $40,000 in reserves in 2018 for "major repairs for slopes," demonstrating that slope repair was treated as a community responsibility.
Pages 97, 105
Have the drains been capped as GeoTek recommended?
Uncertain. Sandra could not confirm the drains were capped. She relied on Paul Elsesser's word but never personally verified it.
Pages 83-84
What was the HOA's theory for blaming the homeowner?
Sandra admitted the HOA's causation theory was "process of elimination" by non-engineers. They had no expert support for their position until retaining Dr. Huang in 2025, two years after the failure.
Pages 64, 69
Who decided to hire Mountain Movers for the repair?
Paul Elsesser managed the entire vendor selection process. The board cut Jill out of the Mountain Movers decision entirely, then billed her for the work.
Exhibits and testimony throughout