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Att. 7 - Email from Broadmoor Association to Calle Felicidad Homeowners, dated March 11, 2025

San Clemente City Council
March 18, 2025

Document
Att. 7 - Email from Broadmoor Association to Calle Felicidad Homeowners, dated March 11, 2025
Meeting
March 18, 2025
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San Clemente City Council
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Text extracted from the city's file for reading and search. Open the original on san-clemente.legistar1.com. That file is the official record.

anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

IRS CIRCULAR 230 NOTICE. Pursuant to requirements related to practice before the Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the United States Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter.

From:

Sent: Tuesday, March 11, 2025 12:20 PM
To: Josh Smisko <[email protected]>
Cc: reva.wright ; John Milroy >; Ryan Phillips
<[email protected]>; Krystal Cervantes <[email protected]>;
; d ;
Adam Atamian <[email protected]>; Andy Hall <halla@sanclemente.org> Subject: Re: Inspection Re-Schedule
Mr Smisko , are you saying the Broadmoor HOA regulations / bylaws state that the 17 ft height restriction is only applicable if views are impaired / impacted ? That is a subjective criteria vs 17 ft which is not subjective . Would Broadmoor allow a second story on any home if it does not impair or block anyone’s views? Regards
Bill Garcia
Sent from my iPhone
On Mar 11, 2025, at 11:32 AM, Josh Smisko
<[email protected]> wrote:

Reva,
The purpose is to make sure there is a tree impacting your or your neighbor’s view. If there is a random tree, that exceeds 17 feet and impacts no one’s view, there is no need to remove it. The height restriction is a view protection.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

IRS CIRCULAR 230 NOTICE. Pursuant to requirements related to practice before the Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the United States Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter.

From: reva.wright
Sent: Tuesday, March 11, 2025 11:27 AM
To: John Milroy ; 'Ryan Phillips'
<[email protected]>; 'Krystal Cervantes' <[email protected]>; Josh Smisko
<[email protected]>
Adam Atamian' <atamiana@sanclemente.org>; 'Andy Hall' <[email protected]> Subject: Re: Inspection Re-Schedule
Hi Josh,
We still don't have answers to our 5 questions below. Simply telling us that this is how it's done for Broadmoor members is not adequate.

Again, without this information and a clear understanding of why anyone needs to enter Felicidad properties to conduct an undefined "investigation" rather than investigate the violating Delicada properties, we remain uncomfortable allowing strangers into our homes.

FYI, Two Homeowners that did allow Krystal and Linda (last name requested but still not provided) into their homes, found Linda to be argumentative and attempted to twist the 17' height limit into her own subjective assessment. Linda asked "which trees are blocking your view" as if she couldn't see them, and stated that they can't just go around cutting trees to 17 feet.

Just simply drive down Delicada. It's blatantly clear which properties have trees and foliage over the rooftop. There is not even a need for a measuring tape.

Felicidad Homeowners feel the HOA continues their game of deny, delay and avoid.

Regards
Reva Wright Buck
On Tuesday, March 11, 2025 at 10:13:43 AM PDT, Josh Smisko <[email protected]> wrote:

Felicidad Owners,
As I understand it, Compass doesn’t always know which Board or Committee member is available and when to attend. This is no different than a request that any Broadmoor member would receive for a similar issue.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

IRS CIRCULAR 230 NOTICE. Pursuant to requirements related to practice before the Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the United States Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter.

From: John Milroy >
Sent: Tuesday, March 11, 2025 8:35 AM
To: 'reva.wright' 'Ryan Phillips'
<[email protected]>; Josh Smisko
<[email protected]>; 'Krystal Cervantes'

Frankly, the homes in violation of the height restriction you should be "inspecting" are on Delicada. take care,
Reva Wright Buck
On Monday, March 10, 2025 at 11:45:35 AM PDT, Krystal Cervantes <[email protected]> wrote:

Good morning,
We answered the questions on 2/25 (attached). It is your prerogative not to participate so please let me know by 4:00pm on Wednesday, 3/12 if your home should remain on the list for inspection.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718

1. Any pictures taken during “inspection”, should be approved by and provided to, the Homeowner

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17’ height limit?

1. The 17’ height limit (which is the roof height) is not subjective to anyone's assessment. It is a specific condition of approval surrounding roof, tree and foliage height. * For your convenience and in the event that anyone challenges the roof height, I have attached 2 letters from the City Planning Commission confirming to Felicidad Homeowners that all models were measured and rooftops measure within 16'10" and 17'1", which makes it quite obvious in identifying trees and foliage over the 17’ limit

1. Please see Exhibit 4

5. Why are you not addressing all the neighbors on Calle Felicidad?

1. Every Felicidad property was assured that the height limit would be observed by Broadmoor as well as the City Planning Director, and are entitled to enforcement without being subjected to invasive and unnecessary harassment
If a representative is unable to provide this information by end-of-day on Wednesday, please be advised that will not be available on Thursday.

Take care,
Reva Wright Buck
Sent from Yahoo Mail for iPhone
Begin forwarded message:

On Wednesday, March 5, 2025, 1:34 AM, reva.wright <r > wrote:
thanks Krystal
Per my 2 prior requests, please kindly respond to the questions below:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad? Regards
Paul Buck
Sent from my iPhone Sent from Yahoo Mail for iPhone
Begin forwarded message:

On Wednesday, March 5, 2025, 7:12 AM, Paul Buck
> wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: March 3, 2025 at 6:36:15 PM GMT+1
To:

Subject: Inspection Re-Schedule
Good morning,
We have re-scheduled the inspection for those that
weren’t available on 2/27.

We will be at your properties to perform the requested
inspections on 3/13 starting at 9:00am.

This is the scheduled order:

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re
looking for a talented Association Manager to grow
with us. To apply, please email me your resume or you
can apply here
https://www.linkedin.com/jobs/view/4108482432
Dear Homeowners,
Compass has been tasked to investigate reported tree violations as they have been conducted over the years with the homeowners of Broadmoor. When a complaint is filed, we, along with a Board member visit the site and verify the complaint. This is the first step in the violation process. Once confirmed the next step in the process is implemented per the Broadmoor governing docs. This is and has been the process for those in the Broadmoor community.

If you are not available at this time for the 2/27 date, we will have to get back to you on our next available date.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here https://www.linkedin.com/jobs/view/4108482432
From: Paul Buck
Sent: Tuesday, February 25, 2025 1:29 PM
To: Krystal Cervantes <[email protected]> Cc: Reva Wright Buck Paul Buck
>; Ross Peterson <r >; John Milroy
; Antonia Sipes <t >
Subject: Re: Inspection Scheduled
Thank you Krystal:
is not available on February 27th.

We have a few questions:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad? Thank you in advance for your responses. Please confirm receipt of this message.

Regards
Paul Buck
Sent from my iPhone
On Feb 25, 2025, at 9:22 PM, Paul Buck > wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: February 25, 2025 at 9:05:25 PM GMT+1
To: Paul Buck >,
Ross Peterson , John Milroy
>, Antonia Sipes
Subject: Inspection Scheduled
Dear Homeowners:

We will be at your properties to perform the requested inspections on 2/27 starting at 9:00am.

This is the scheduled order:

Thank you for your cooperation.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432

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