EMHA BOARD LIES TO YOU

In a recent meeting of the EMHA Board, Joaquin Tadeo, Vice President and Henry Trost, Design Review Committee Chair, told demonstrable lies to the members present. In a preceding newsletter, the Association published a lie about Trost's position on the Board.

Tadeo and Trost are both members of EMHA Board of Directors and are required to act in good faith. Lying to homeowners is not an act of good faith.

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EL MIRADOR HOMEOWNERS ASSOCIATION, INC. LIES ABOUT HENRY TROST'S BOARD POSITION

In what can only be described as a knowing act of bad faith, the Association has presented false information to the homeowners regarding Henry Trost's position on the Board of Directors.The position of Design Review Committee Chair is a Board of Director position. The Association leadership would need to vote for removal of the position as a Board level role to make it a "None [sic] Member of the Board." They cannot just declare it as whatever position they want it to be at any given time.

A reasonable question to ask is why would they not want people to understand that Henry Trost is a member of the EMHA Board of Directors. The simplest answer would be they do not wish to declare to homeowners that Trost has made over $100,000 for "common area maintenance" in the last 4 years, while actually doing very little to earn the money. Trost was given the contract that for a number of years went to F. Charles Jankel. This type of self dealing by the Association has been ongoing, and they refuse to provide details of their financial activities with respect to Trost and Jankel.

Another reason might be that Trost has been accused of discrimination, harassment and oppression by a Homeowner X. Giving Trost a Board level position greatly increases the Association's responsibility if the homeowner successfully sues the Association. Making Trost a Member of the Board could be construed as retaliation against the homeowner by the Association. As an EMHA Board member, Trost has continued his wrongful actions against the homeowner.

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EMHA LIES ABOUT TROST PASSING ANY SAVINGS TO HOMEOWNERS

Henry Trost, by placing waste he is paid to dispose of into homeowner receptacles, is receiving an unjust enrichment. He does not appear to have trash service for his property, either, so he puts his personal trash in other trash receptacles as well. When the issue is brought up, he, Joaquin Tadeo and other Board members claim some type of savings for homeowners. Trost is paid to dispose of waste generated through the common area maintenance contract, which he simply keeps while putting that waste in your trash can, along with his own trash.

Henry Trost, in addition to being an EMHA Board member, also has a contract with EMHA for $29,600 per year to provide "common area maintenance." The Association claims that Trost is an Independent Contractor with respect to that contract, just as F. Charles Jankel was referred to as the previous contract holder. This is an issue of great importance, and is discussed at length in a different article, EMHA Theft of Services.

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JOAQUIN TADEO CLAIMS DISMISSAL

Joaquin Tadeo has some serious issues with either his understanding of the legal processes he is purportedly explaining, or he is simply outright lying in his claims that anything filed against EMHA and or individual members of the Board has been dismissed. For that matter, the Association's Attorney, Robert Skipworth, has the same issue with the word dismissed, which is an issue of great importance, and is discussed at length in a different article.

Dismissed is a specific legal term denoting a finalization of a judicial process, as in thoroughly examined, discussed or argued, and officially discounted as to merit. Lying, the specific act of deliberately misstating facts, is an act of bad faith. Bad faith involves dishonesty or other failure to deal fairly with another person or persons.

Since Tadeo insists on misrepresenting this specific issue as being dismissed, the homeowner has promised to refile the complaint. The homeowner contends that corporations in the State of New Mexico have no authority to authorize non-lawyer members of the Board or Committees to perform legal services on behalf of the corporation. The original complaint was angrily written and poorly put together, having little chance of success. The homeowner's choice was to appeal the issue or drop it altogether. The homeowner elected to drop it in lieu of appeal. That does not constitute a dismissal.

Besides misinforming, or misunderstanding the issue, Tadeo is lying about who is receiving legal representation in this matter. He asserts that the general membership, i.e. homeowners, are being represented and that the Association is merely fulfilling a duty.

The truth of the matter is that the discrimination complaint is against the Association and individual members of the Board and Design Review Committee. The individuals are using Association resources to pay for their personal legal representation. Tadeo himself is receiving legal representation and you are paying for it. That is an omission of fact, or a lie, however anyone wishes to characterize the issue.

Typically, an attorney would not be able to represent the Association as an organization while simultaneously representing individual leaders of the organization who have been accused of wrongdoing.

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TROST CLAIMS 100% DESIGN REVIEW APPLICATIONS APPROVED FOR 2020

This claim can only be true if no design review requests were made after May 29, 2020. Yet, according to information provided by EMHA, at least 6 requests were approved in the month of June, alone. Therefore, deductive reasoning leads to the conclusion that any design review applications approved by only Trost, or even Trost/Hinker, are invalid.

There has been a bit of attrition recently among the EMHA leadership. Timothy Hinker sold his home and moved; Henry Trost was promoted to Design Review Chair, and F. Charles Jankel supposedly resigned. This leaves only Trost on the Design Review Committee, as no votes were taken regarding appointments. If there were, no one was notified of such.

Trost alone cannot approve design review requests as he claimed at the meeting, EMHA Covenants require "not less than three" persons on the Committee. Jankel claims he resigned on May 29, 2020, and there is no record he was replaced. Hinker sold his home on August 8, 2020, automatically vacating his position unless he resigned earlier. Either way, Hinker's position vacated, leaving the Committee with only Trost. It would seem that this is simply another instance where EMHA leadership ignore the rules they enforce on, at least some, others. And then lie about it.

In all fairness, this could be another rule that the leadership simply does not understand, which is almost worse than considering they don't care about following their own rules.

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TROST CLAIMS CAMERAS WERE APPROVED

During the same meeting, a question was asked by the Judith Pierce, AKA Ultimate Karen, regarding cameras installed by her neighbor, Homeowner X. Specifically, she asked if the cameras were approved, and by whom. The question itself seemed contrived, as if she and Trost had worked out beforehand questions to ask as a means of controlling the conversation.

Trost, in a blatant lie, claims that the cameras were approved, and that the former EMHA Design Review Chair, John Reich, approved them. It would be a simple matter for any EMHA homeowner to request a copy of the approved design review application for cameras at 233 Avenida Mirador. Look in the older newsletters for the email address of John Reich, or email us, and we will provide it to you.

You can also make an information request using the following contact information for the current EMHA Board:

EMHA BOARD OF DIRECTORS

• Richard Doyle, President; Phone: (575) 642-2692, Email: doyler2d2@gmail.com
• Joaquin Tadeo, Vice President; Phone: (915) 525-9301, Email: jtadeo@nmsu.edu
• David Chavez, Jr., Secretary/Treasurer; Phone: (575) 589-1200, Email: dchav45121@aol.com
• Linda Corley, Common Area Oversight Committee Chair; Phone: (915) 479-6008, Email: kkcarlos@aol.com
• Henry Trost, Design Review Committee Chair; Phone: (575) 874-9100, Email: hmt3715@sbcglobal.net
• Ventura Pena, Neighborhood Watch Committee Chair; Phone: (915) 472-3772, Email: penav1850@yahoo.com

The simple fact is that there does not exist any rule or other restriction within any EMHA controlling documentation that forbids cameras or other security devices. Further, if the Association were to try restricting such devices they would likely be sued, and lose.

The entire issue of whether Judith Pierce's neighbor had "permission" to install cameras, or could be restricted from installing other cameras in the future, is false. Any homeowner in the El Mirador subdivision may install cameras, restricted only by state and federal law.

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TADEO CLAIMED TROST "NEVER HAD TRUCKS"

An issue was brought up regarding the Common Area Maintenance Contract, and that it was one homeowner's understanding that part of the reason the Board gave the contract to Henry Trost was because he had a truck and could haul away debris generated from the common area.

Joaquin Tadeo felt the need to interject, apparently on Trost's behalf, and proclaim that the homeowner was wrong, that Trost "never had any trucks." This is a demonstrable lie. Historically, Trost has had trucks parked in his driveway and/or in front of his home for a number of years. As recently as one year ago, he had a truck parked inside his garage, with junk stacked on and around it.

Tadeo and Trost are neighbors, living directly across from each other. It is implausible for him to claim he was unaware that, for a number of years, junk vehicles, specifically pickup trucks, were parked in front of Trost's house and in his driveway.