Selective Enforcement of the El Mirador Homeowners Association
The El Mirador Homeowners Association's selective enforcement of its rules creates a discriminatory and hostile environment for some members, while others violate the rules with impunity. This unfair and inconsistent enforcement undermines trust and confidence in the association, as the rules are not applied equally to everyone. This has a negative impact on the quality of life for some residents. It can also have negative consequences for property values and the quality of life in the community.
TL;DR
SUMMARY
Henry Trost has repeatedly and extensively violated the rules and guidelines of the El Mirador Homeowners Association. In a darkly ironic twist, the Board appointed Trost, a serial violator of the association's rules, to chair the Design Review Committee from 2020 to 2023, responsible for enforcing the very rules he refuses to follow. His lot contains more violations than any other property in the subdivision, and it resembles a junkyard.
- Trost took longer than 10 years to build his home, violating Guidelines § 3.12 Commencement of Construction. "The Owner shall in any event complete the construction....of any improvement on his or her Lot within one year after commencing construction[.]"
- Trost's parking of a derelict vehicle in his driveway for over a decade violated Declaration of Covenants, Conditions, and Restrictions §§ 11.2, 11.5, and Design Review Guidelines §§ 2.1.2 and 2.1.2(a)1. "No person shall park, store, leave or permit the parking, storing, or leaving of any motor vehicle of any kind which is abandoned, or which is in a wrecked, dismantled, partially dismantled, or inoperative condition, whether attended or not....upon any property within the Subdivision for a period of time in excess of 72 hours." "Vehicles parked in violation of this restriction will be towed after being issued appropriate warning."
- For at least 15 years, an aluminum ladder has been propped against the front of Trost's house, in violation of Declaration of Covenants, Conditions, and Restrictions §§ 11.5 and 11.9 and Design Review Guidelines §§ 2.2.1 and 5.4.
- For more than a decade, Trost had kept a plastic 5-gallon bucket in his front yard, violating the Declaration of Covenants, Conditions, and Restrictions § 11.9 and Design Review Guidelines §§ 2.1.11 and 5.4.
- Trost's proximity to one of only two subdivision entrances makes it inconceivable that no one was aware of his many violations for over 15 years.
- Trost's operation of a contracting business from his residence violates the Declaration of Covenants, Conditions, and Restrictions § 11.1 and Design Review Guideline § 2.1.1. His primary customers are El Mirador Homeowners Association, Inc., and DANA Properties, Inc.
- Trost has repeatedly violated the subdivision's rules by storing construction materials and equipment on his lot for decades, more than any other property owner. His lot is essentially a junkyard.
- While serving on the Design Review Committee, Trost threatened homeowners with severe fines and penalties for minor violations, despite committing similar violations for decades.
Heavy Handed Hypocrisy
Henry Trost reportedly took many years to construct the residence at 104 Puesta Mirador, according to both long-term members of the El Mirador subdivision and the Trost's own family. When asked about several of Trost's claims, such as that he owned a company that built custom homes in Napa Valley, California. His relative denied he was anything other than a "handyman", adding that "It took him over 10+ years to build and is now falling apart."
Members have up to two years to complete approved projects. Homeowners must begin construction within one year of receiving final approval from the Design Review Committee. Homeowners must complete the construction of the foundation and all exterior surfaces of the improvement within one year of commencing construction, for other requested projects, such as landscaping there is no guidance.
The contrast between Trost's lengthy construction project and a one-year deadline for commencement and completion imposed upon Homeowner X is striking, given that both homeowners are subject to the same Design Review Guideline § 3.12: (emphasis added)
3.12 Commencement of Construction. Upon receipt of final approval from the Design Review Committee, the Owner shall as soon as practicable, satisfy all conditions thereof, if any, and diligently proceed with the commencement and completion of all construction, reconstruction, refinishing, alterations, and excavations pursuant to the approved plans. The Owners shall satisfy all conditions and commence the construction, reconstruction, refinishing, alteration, or other work pursuant to the approved plans within one year from the date of such approval. If the Owner shall fail to commence construction within the time period herein provided, any approval given shall be deemed revoked unless, upon the written request of the Owner made to the Design Review Committee prior to the expiration of said on-year period, the time for such commencement is extended in writing by the Design Review Committee. Such extension may be granted or denied at the sole discretion of the Design Review Committee. The Owner shall in any event complete the construction, reconstruction, refinishing or alteration of the foundation and all exterior surfaces (including roof, exterior walls, windows, and doors) of any improvement on his or her Lot within one year after commencing construction thereof, except and for so long as such completion is rendered impossible or would result in great hardship to the Owner due to strikes, fire, national emergencies, or natural calamities. If any Owner fails to complete construction as set forth herein, the Design Review Committee shall notify the Association of such failure, and the Association, at its option, shall either complete the exterior in accordance with the approved plans or remove the improvement, and the Owner shall reimburse the Association for all expenses incurred in connection therewith.Back to Top
Trost's Multiple Rule Violations are Symbolic of the HOA's Double Standards
Satellite imagery shows that the Trost property has never been in compliance with HOA rules. For decades, Trost has been allowed to flagrantly violate HOA rules and guidelines without penalty.
