PC 06/27/84 - Laserfiche WebLink

MINUTES PLANNING COMMISSION June 27, 1984 Page 7 Vicky Strahl, 7539 Homewood Court, had concerns with devaluation of property. She indicated that she has a balance of $98,000 remaining on a loan for her unit. Because of this loan balance relative to the unit's worth, she is unable to obtain a loan secured by her property. She does not have $6700 in savings either for roof replacement. They are asking for the roofs to be repaired and to protect future buyers as well. Commissioner Wilson stated that the Department of Real Estate, Contractors Licensing Board and the courts haven't done anything about the matter and didn't know how the Planning Commission could either. Commissioner Wilson again discussed the cost and breakdown of all costs concerning roof repair and assessments with Mr. Perkins. Tony Manov, 7507 Homewood Court, felt the Planning Commission represents the safety and welfare of the people of Pleasanton. He disagrees that this application should be subject to typical conditions and he does not consider this application a typical one. Chairman Doherty indicated that he would give each side five minutes for rebuttal. Gregg Stubbs, 80 Stonestown, San Francisco, is the attorney representing Stoneson. He indicated he did not believe that the Planning Commission can act on the conditional use permit application taking into account grievances of the existing townhouse owners. They are separate matters. The homeowners association has the power to adjust amongst themselves the rules that govern them. The model home complex and the 24 units under construction must pass building inspection and the Uniform Building Code. That protects the public welfare. Concerning sale of the properties, it is required that disclosures be made. Disclosures show up on the Department of Real Estate's report. The roof problems of the existing units, assessments, etc. are being addressed or redressed, depending upon'the result of the lawsuit. He agreed that one of the problems with a lawsuit is the amount of time it takes to get matters scheduled and concluded concerning bonafide problems in the existing areas. Commissioner Wilson asked Mr. Stubbs whether or not the new units would be participating in the assessment for repairs. Mr. Stubbs indicated he didn't know the answer to that question at the current time. BSD is the management consultant to the homeowners association. They are employees of the Board of the Townhouse Association. They helped draft the language of the assessment. Mr. Stubbs has not seen the language. He reiterated that a disclosure of the problems on the existing units will have to be made in the DRE report issued. Commissioner Wilson asked about the statements which would be contained in the white paper from the DRE. Mr. Stubbs said disclosures concerning the assessment districts would have to be made. Commissioner Wilson asked Mr. Stubbs how many defendants there are in the case. Mr. Stubbs said there are several; Stoneson, the insurance company, roofing contractor, architect and some subcontractors. There are many attorneys involved in this. Mr. Stubbs only represents Stoneson. Commissioner Innes asked Mr. Stubbs if he had any contact with the DRE regarding the problems discussed. Mr. Stubbs said he has not. Commissioner Innes asked if the DRE ha contacted him regarding any of these problems. Mr. Stubbs indicated they have not as of the current time. Commissioner Innes asked if Mr. Stubbs has had any contact with Consumer Affairs of the State of California or local licensing board. Mr. Stubbs stated that licensing board is a division of Consumer Affairs. Commissioner Innes asked if Stoneson had any hiring or firing power over BSD. Mr. Stubbs said they do not have any power over this group. He explained the two classifications of ownership, "A" and "B" . Stoneson went along with the homeowners concerning this assessment because they have no desire to impede the homeowners and their repairs. They voted for the assessment district to reduce the burden on the homeowners. The homeowners Board proposed the assessment and not Stoneson.