David Chavez, Jr., Does Not Pay Annual Dues
TL;DR
- David Chavez, Jr., Treasurer of the El Mirador Homeowners Association (EMHA), has failed to pay annual dues for 16 years, despite being legally obligated to do so. Alongside his then co-owner, Francis Jankel, who shared ownership of a lot at 333 Avenida Mirador, they collectively owed the Association over $8,460 in unpaid dues and late fees.
- For more than a decade, Chavez misled homeowners by falsely claiming that a 2006 vote and subsequent amendment exempted him from paying dues. However, no records or amendments to the Association's governing documents support this assertion.
- In January 2023, a homeowner confronted Chavez about his delinquency. In response, Chavez and his allies on the Board of Directors improperly amended the Association's bylaws in February 2023, seemingly to forgive Chavez and Jankel's debt and exempt Chavez from future dues obligations.
- The rationale behind compensating a traditionally volunteer position like Treasurer—held by Chavez for nearly two decades—remains unclear. It is likely that Chavez orchestrated the concept of exempting the Treasurer from dues during his tenure as Association President in 2006 and manipulated the electoral process to secure his current role.
- Importantly, amendments to an HOA's governing documents cannot be applied retroactively. Even if the HOA claims an amendment was adopted years earlier, it cannot legally justify actions predating its official recording.
David Chavez, Jr., the EMHA Treasurer, has reportedly avoided paying Regular Assessments on his property for what appears to be nearly two decades. This delinquency has resulted in an estimated debt of $8,460 in unpaid dues, excluding late fees typically charged to delinquent accounts.
These figures are based on available evidence, but feel free to verify the calculations. A detailed timeline of Chavez's nonpayment is provided further down the page for additional context.
| Year | Unpaid Dues | Days Past Due | Late Fee |
|---|---|---|---|
| 2006 | $ 420 | 6240 | $ 42 |
| 2007 | $ 420 | 5875 | $ 42 |
| 2008 | $ 420 | 5510 | $ 42 |
| 2009 | $ 420 | 5144 | $ 42 |
| 2010 | $ 420 | 4779 | $ 42 |
| 2011 | $ 420 | 4414 | $ 42 |
| 2012 | $ 420 | 4049 | $ 42 |
| 2013 | $ 420 | 3683 | $ 42 |
| 2014 | $ 420 | 3318 | $ 42 |
| 2015 | $ 420 | 2953 | $ 42 |
| 2016 | $ 420 | 2588 | $ 42 |
| 2017 | $ 480 | 2222 | $ 48 |
| 2018 | $ 480 | 1857 | $ 48 |
| 2019 | $ 720 | 1492 | $ 72 |
| 2020 | $ 720 | 1127 | $ 72 |
| 2021 | $ 720 | 761 | $ 72 |
| 2022 | $ 720 | 396 | $ 72 |
| $ 8,460.00 | $ 846.00 |
This issue is deeply concerning and underscores the need for David Chavez, Jr.'s removal from the Board of Directors. Despite being responsible for recording liens against homeowners who fall behind on their dues, Chavez himself has failed to pay his own dues for years. This blatant hypocrisy reflects poor character and dishonesty not only from Chavez but also from the entire Board of Directors.
How do we know Chavez has not paid his annual dues? For years, Association members have raised concerns about Chavez claiming exemption from dues due to his role as Treasurer. Initially, this seemed plausible and not worth investigating. However, over time, it became evident that the Board and committee members frequently disseminate false information. Much of what they share in newsletters is so heavily falsified that it becomes unreliable.
During a recent Board of Directors meeting, I had the opportunity to question Chavez directly about this matter. He could have easily clarified the situation for everyone present, putting an end to the controversy. However, dishonest individuals often refuse to acknowledge their wrongdoing. Predictably, Chavez avoided answering the question, reinforcing his reputation for dishonesty. Asking him for financial documents to prove improper compensation is equally futile, as those who hold the answers are unwilling to provide them.
To uncover the truth, we must investigate. Historical documents from the Association provide some insight. Meeting minutes from August 4, 2015, reveal that members were upset about Chavez being compensated as Treasurer. In these minutes, Chavez explicitly states, "The dues of the Treasurer are abated as per changes to the Declaration of Covenants, Conditions and Restrictions for the El Mirador Subdivision enacted in August 2006. This change was voted on by a majority of the Owners."
According to these minutes, Chavez claims he is exempt from paying dues due to a 2006 amendment. Notably, Chavez was both Secretary and Treasurer in 2015 and authored these minutes himself. However, there is no evidence to support his claim, and verifying this is straightforward. Additionally, Chavez served as Association President in 2006, raising further questions about the legitimacy of this amendment.
The minutes also include a second reference on the final page, where Chavez reiterates his claim and provides additional explanation. His contradictory statements—that he is not compensated but does not pay dues—are the very definition of a specious argument. Avoiding dues, whether $420, $480, or $720 annually, constitutes compensation.
While the Treasurer's role may warrant compensation, there is no evidence that the Declaration was amended to allow it. Furthermore, even if Chavez's claim were true (which it is not), he would still be defrauding the Association. As a half-owner of his property, Chavez could only legitimately claim half the dues for abatement, leaving his co-owner, Francis Jankel, responsible for the other half. This would apply to every year Chavez failed to pay his dues.
To make matters worse, Jankel has reportedly profited over $20,000 annually from the Association while neglecting his $210 share of dues. These actions highlight a pattern of unethical behavior from individuals who prioritize personal gain over community welfare.
