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ATTACHMENT 2 <br /> Reasons for Appeal i-PPE l' <br /> 13-2,9z- <br /> 1. City is in breach of TCO Agreement,which requires City to take over(from <br /> HOA)the design review and implementation of any changes to as-built home. <br /> 2. Staff Report is biased in favor of HOA,and with errors,omissions, and <br /> misstatements to our detriment. <br /> 3. By TCO Agreement,City(inc. Planning Commission)may not entertain Option 2 <br /> or consider any option that allows HOA involvement till FCO. <br /> 4. Conflict of Interest arises due to our ongoing Fraud lawsuit against the HOA in <br /> Alameda County Superior Court due to HOA's vindictive misrepresentations to <br /> deny us home occupancy for 16 months,causing City to exercise its right per <br /> Section 10.3 of CC&Rs,to intervene with the TCO Agreement. <br /> 5. HOA acted in bad faith and violated Guidelines. Some of these disparities were <br /> noted in Staff Report. Guidelines expressly prohibit HOA's arbitrary opinions and <br /> capricious objections raised belatedly with punitive and discriminative intent. <br /> 6. HOA is in violation of Civil Code which requires same architectural standards be <br /> applied on our home as allowed on countless design precedents on 840 existing <br /> homes within Ruby Hill.Examples: white stucco,motor-gates,"ornate"custom <br /> design features,etc. <br /> 7. We will not get fair treatment from HOA,and will be denied due process agreed <br /> to by City if HOA is allowed back in design review under current situation.Due <br /> to uniqueness of circumstances,through TCO Agreement the City had decided to <br /> take over remainder of project from HOA and therefore may not reverse this till <br /> FCO is issued. <br />