El Mirador HOA Board Deception & Selective Enforcement - Exposing Misconduct

El Mirador Homeowners Board Meeting, January 31, 2021.
El Mirador Homeowners Board Meeting, January 31, 2021.

At a recent El Mirador HOA Board meeting, Vice President Joaquin Tadeo and Design Review Committee Chair Henry Trost made demonstrably false statements to homeowners. Prior to this, an Association newsletter had already misrepresented Trost’s position on the Board.

Both Tadeo and Trost serve on the El Mirador HOA Board of Directors, which requires them to act in good faith. Deceiving homeowners violates that obligation.


EL MIRADOR HOA MISREPRESENTS HENRY TROST’S BOARD POSITION

In a clear act of bad faith, the El Mirador HOA leadership has presented false information about Henry Trost’s role on the Board. The Design Review Committee Chair is a Board-level position unless officially removed through a formal vote. The Association cannot arbitrarily redefine Trost’s role without due process.

A logical question is: Why wouldn’t HOA leadership want homeowners to recognize Trost’s Board membership? The most plausible answer is that they prefer to obscure the fact that Trost has been paid over $100,000 for “common area maintenance” over the last four years—despite delivering minimal work in return. Previously, this contract was awarded to F. Charles Jankel, highlighting a continued pattern of self-dealing within the Association. Despite repeated requests, HOA leadership refuses to disclose financial details regarding payments to Trost and Jankel.

Another likely reason for concealing Trost’s position is his alleged history of discrimination, harassment, and oppressive actions against Homeowner X. If the homeowner were to sue, Trost’s official role on the Board would increase the Association’s liability. Elevating Trost to a formal Board position could even be construed as retaliation by HOA leadership—especially since Trost has continued targeting the homeowner while serving as a Board member.

EL MIRADOR HOA MISREPRESENTS TROST’S “SAVINGS” TO HOMEOWNERS

Henry Trost, despite being paid to dispose of waste, routinely places it into homeowner trash receptacles—effectively retaining payment for a service he fails to perform. Additionally, Trost does not appear to have trash service for his own property, instead using other homeowners’ bins for personal waste disposal. When questioned, Trost, Joaquin Tadeo, and other Board members falsely claim that this practice results in “savings” for homeowners.

As part of his $29,600 annual contract with El Mirador HOA for “common area maintenance,” Trost is expected to properly handle waste disposal. The HOA classifies him as an Independent Contractor, much like his predecessor F. Charles Jankel, but refuses to provide transparency about financial dealings related to these contracts. This ongoing issue is discussed in detail in a separate article, EMHOA Theft of Services.


JOAQUIN TADEO MISREPRESENTS LEGAL DISMISSALS

Joaquin Tadeo repeatedly mischaracterizes the status of legal actions taken against El Mirador HOA and individual Board members—either misunderstanding fundamental legal processes or deliberately lying. Similarly, the HOA’s attorney, Robert Skipworth, distorts the meaning of “dismissal.”

Legally, a dismissal signifies the final resolution of a case, meaning it was thoroughly examined, argued, and deemed without merit by the court. By contrast, deliberately misrepresenting facts—lying—is an act of bad faith and a failure to deal honestly with HOA members.

Since Tadeo falsely insists that complaints have been “dismissed,” the homeowner has vowed to refile the case. The homeowner contends that corporations in the State of New Mexico lack the authority to permit non-lawyer Board members or committee representatives to conduct legal services on their behalf. The original complaint, initially hastily drafted, was withdrawn rather than appealed—not dismissed.

Further, Tadeo misrepresents who is receiving legal representation in these disputes. He asserts that homeowners are being defended when, in reality, the Association’s resources are funding private legal representation for individual Board members—including himself.

Tadeo is personally benefiting from HOA-funded legal defense—while homeowners unknowingly foot the bill. This omission of fact—whether categorized as deception or outright lying—raises serious ethical and fiduciary concerns.

Typically, an attorney cannot simultaneously represent an HOA and individual Board members accused of wrongdoing, as doing so poses a direct conflict of interest


TROST FALSELY CLAIMS 100% OF DESIGN REVIEW APPLICATIONS WERE APPROVED IN 2020

Henry Trost’s claim that all design review applications were approved in 2020 can only be true if no requests were submitted after May 29, 2020. Yet, according to information provided by EMHOA, at least six requests were approved in June alone—directly contradicting his statement. Any applications approved solely by Trost, or even Trost/Hinker, are therefore invalid.

Recently, EMHOA leadership has seen some attrition: Timothy Hinker sold his home and left, Henry Trost was promoted to Design Review Chair, and F. Charles Jankel reportedly resigned. This left Trost as the sole member of the Design Review Committee—without any recorded vote regarding new appointments. If votes were taken, homeowners were never notified.

EMHOA Covenants mandate “not less than three” persons on the Design Review Committee, meaning Trost alone cannot approve applications, despite falsely claiming otherwise. With Jankel resigning on May 29, 2020, and Hinker selling his home on August 8, 2020, their seats were vacated—leaving Trost as the only remaining member. This is another instance of EMHOA leadership blatantly ignoring the rules they enforce on select homeowners—while misleading others.

To be fair, it’s possible that the leadership misunderstands this rule—which is arguably worse than knowingly violating it.


TROST FALSELY CLAIMS CAMERAS WERE APPROVED

During the same meeting, Judith Pierce—formerly EMHOA Secretary—asked about cameras installed by Homeowner X, inquiring if they had been approved and by whom. The question seemed rehearsed, as if she and Trost had coordinated beforehand to control the conversation.

Henry Trost falsely claimed that the cameras at 233 Avenida Mirador were approved by former El Mirador HOA Design Review Chair, John Reich. However, homeowners can verify this by requesting a copy of the approved design review application Trost references. To inquire, email John Reich or call 575-997-0803.

Homeowners can also request information using the former El Mirador HOA Board contacts:

EL MIRADOR HOA 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 fact remains—there is NO rule in EMHOA governing documents that forbids security cameras or similar devices. If the HOA attempted to restrict such installations, they would likely face legal action—and lose.

The entire debate over whether Homeowner X needed “permission” to install cameras is baseless. Any El Mirador homeowner is entitled to install cameras, restricted only by state and federal law.


TADEO FALSELY CLAIMS TROST “NEVER HAD TRUCKS”

During the meeting, a homeowner raised concerns about the Common Area Maintenance Contract, stating they believed the Board awarded the contract to Henry Trost because he had a truck and could haul away debris.

Joaquin Tadeo abruptly interjected on Trost’s behalf—flatly denying the claim, stating that Trost “never had any trucks.” This is a demonstrable lie.

Historically, Trost has owned trucks—frequently parked in his driveway or in front of his home for years. As recently as one year ago, he had a truck parked inside his garage, with junk stacked around it.

Tadeo and Trost are neighbors—living directly across from each other. Given this proximity, it is implausible that Tadeo was unaware of multiple junk vehicles, including pickup trucks, being parked outside Trost’s home.

Henry Trost Residence, 104 Puesta Mirador, July 2013.
Henry Trost Residence, 104 Puesta Mirador, July 2013.
Henry Trost Residence, 104 Puesta Mirador, August 2011.
Henry Trost Residence, 104 Puesta Mirador, August 2011.
Henry Trost Residence, 104 Puesta Mirador, January 2008.
Henry Trost Residence, 104 Puesta Mirador, January 2008.
Puesta Mirador Aerial Photo, November 2012, demonstrating proximity of Tadeo and Trost's property.
Puesta Mirador Aerial Photo, November 2012, demonstrating proximity of Tadeo and Trost's property.