Complaint,Petition: JUNE LEE VS. 460 FRANCISCO ST H.O.A. ET AL

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                                June Lee

460 Francisco St, #201
San Francisco, CA 94133
415-484-9338

(Pro Se)

5

F
MAR 26 zoe
or_-(* yt ME Count

Deputy Cronk

Superior Court of the State of California

For the County of San Francisco

June Lee,
Plaintiff,
vs.
460 Francisco ST H.O.A., and Waleed Ghnaim

Defendants.

Case No. CGC -Z(- 5S4Z 82

UNLIMITED CIVIL, DEMAND OVER $25,000

FIRST AMENDED

COMPLAINT FOR DAMAGES FOR BREACH OF
CONTRACT, DEFAMATION, AND NEGLIGENT
AND/OR INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS

Plaintiff, June Lee, hereby complains and alleges as follows:

1. Plaintiff, June Lee (hereinafter referred to as Plaintiff) is and at all times mentioned

herein was, an individual, residing in the City of San Francisco, County of San Francisco, State of

California. Plaintiff has always enjoyed a very good reputation in both her personal and professional

life, and is well respected in both her local business community, as well as her local community.

-1-
COMPLAINT FOR DAMAGES FOR Libel2. Defendant 460 Francisco ST H.O.A., (hereinafter referred to as “Defendant
Association”) upon information and belief, is now, and at all times mentioned herein was, an
association, residing in the City of San Francisco, County of San Francisco, State of California.

3. Defendant Waleed Ghnaim, (hereinafter referred to as “Defendant Waleed”) upon
information and belief, is now, and at all times mentioned herein was, an individual, residing in the
City of San Francisco, County of San Francisco, State of California.

4. This court is the proper court for trial in this action in that the actions and omissions of
Defendants as alleged herein were made within this Court’s jurisdictional area.

5. At all times mentioned herein, Defendants, and each of them, were authorized and
empowered by each other to act, and did so act, as agents of each other, and all of the things herein
alleged to have been done by them were done in the capacity of such agency. Upon information and
belief, all Defendants are responsible in some manner for the events described herein and are liable to

Plaintiff for the damages they have incurred.

FIRST CAUSE OF ACTION
Breach of contract
6. Plaintiff entered a contract with Defendant Association when she purchased her property
on Feb. 23, 1998. Plaintiff performed all her duties under the contract.
7. Under the contract, Defendant Association agreed to maintain, repair, and insure the
property properly. See CC&R Article V Duties and Powers of The Association. (see Exhibit 1)
8. On Dec. 15. 2016, “an event” (water leak from above unit and or bathroom sink water

backup, started from Dec. 15, 2016 and continuing until April 30, 2017) occurred, through no fault

~2-
COMPLAINT FOR DAMAGES FOR Libelof her own, which caused severe damage to plaintiff’s property due to Defendant Association’s
failure to properly maintain, repair and/or insure HOA property.

9. Shortly thereafter, Plaintiff notified Defendant Association of the damage and asked.
Defendant Association to perform their duties.

10, Defendant Association failed to perform their obligation and duties (see Exhibit 2). In
order to mitigate any further damage (loss of rental income), Plaintiff repaired the property herself in
March, 2017.

11. Plaintiff submitted bills in the amount of $28,333 for the cost of her repairs, Defendant
Association only made a partial payment of $14,576.94 in June, 2017, leaving unpaid balance of the
amount due $13,768.06 (see Exhibit 3).

12. Again, on April 26, 2019, “an event” (water leak in a condominium original copper pipe
in the common area in her shower wall) occurred, through no fault of her own, which caused severe
damage to plaintiff’s property due to Defendant Association’s failure to properly maintain, repair
and/or insure HOA property.

13. Shortly thereafter, Plaintiff notified Defendant Association of the damage and asked
Defendant Association to perform their duties in April, 2019.

14. Defendant Association failed to perform their obligation and duties (see Exhibit 4). In
order to mitigate any further damage (loss of rental income), Plaintiff repaired the property herself in
October, 2019.

15. Plaintiff submitted bills for the amount of $74,567.82 (2019 leak) and $14,298.06 (2016
leak) cost of her repairs and damage due her. Defendant Association refused to pay on March 20,

2020 (see Exhibit 5).

-3-
COMPLAINT FOR DAMAGES FOR Libel16. Plaintiff requested for the mediation numerous times. Defendant Association refused to
attend The Bar Association of San Francisco Conflict Intervention Service for Mediation, Tonya
Saheli as Mediator, scheduled on Oct. 28, 2020, 2pm (see Exhibit 6).

17. Plaintiff is suing Defendant Association for $100,792.63 the unpaid balance duc her,

plus, all costs, expenses and fees incurred by Plaintiff.

SECOND CAUSE OF ACTION
DEFAMATION
(Libel Per Se — Civil Code §45)

18. Plaintiff realleges and incorporates by reference paragraphs | through 17, above, as
though fully set forth herein.

19. On or about August 4, 2018, Plaintiff sent an email to Defendant Association’s President
Bill Rose asking about the status of the outstanding amount due that was owed to Plaintiff by
Defendant Association. The President never responded.

20. Suddenly, within 15 minutes of Aug 4, 2018 when the email was sent, for some unknown
reason, Defendant Waleed, who was not an officer of Defendant Association , inexplicably and
uninvited, aggressively, intruded and inserted himself into Plaintiffs business communication with
Defendant Association’s President Bill Rose, and defamed Plaintiff by accusing her of crimes;

including such as fraud, theft, and robbery, and threatened Plaintiff with further retaliation. These

-4-
COMPLAINT FOR DAMAGES FOR Libelaccusations were false. Upon information and belief, the attorney of Defendant Association had
previously and specifically informed Defendant Association that such allegations were unfounded.

21. These specific email exchanges mentioned above are attached in exhibition 7.

22. The mentioned email exchanges were published to every member of Defendant
Association by Defendant Waleed. Defendant Association allowed the defamation to be published,
and never took any corrective action to remedy and/or mitigate the damage of the plaintiff,
moreover, Defendant Waleed’s defamation continued on Sep 15, 2020 and Nov 6, 2020 (see Exhibit
8), thereby increasing the damage to Plaintiff. The said defamation remains until the present and
continues to defame and damage Plaintiff.

23. The aforesaid defamatory statements made by Defendant Waleed was and is false and
was not privileged. Defendant Waleed made said statements knowing the falsity thereof or without
using reasonable care to determine the truth or falsity thereof.

24. Defendant Waleed made the aforesaid defamatory statements with malice and with
the intent to injure Plaintiff’s good name and reputation and to interfere with her peace of mind, and
physical health, in that Defendant Waleed harbored ill-will toward Plaintiff. Defendant Waleed
relentless threats have put Plaintiff in a perpetual state of fear to her person and property.

25. The aforementioned defamatory statements have threatened, humiliated, ridiculed, and
embarrassed Plaintiff, and damaged Plaintiff’s reputation in the community, where Plaintiff has
owned the property of over 20 years.

26. The aforesaid defamatory statements have caused Plaintiff extreme stress, anxiety, and
mental anguish, and all of which resulted in deterioration of Plaintiff’s physical health, including but

not limited to depression and degenerative heart condition.

-5-
COMPLAINT FOR DAMAGES FOR Libel27. The aforesaid defamatory statements has harmed plaintiff’s reputation; such a
statement has a tendency to injure and has injured Plaintiff in her occupation, her future business and

employment prospects have been severely harmed.

THIRD CAUSE OF ACTION

(Negligence and/or Intentional Infliction of Emotional Distress)

28, Plaintiff realleges and incorporates by reference paragraphs 1 through 27, above, as
though fully set forth herein.

29, By the conduct described, Defendants did intentionally and/or negligently inflict
emotional distress upon Plaintiff in that the conduct was and is outrageous and beyond that which
should be tolerated in modern society.

30. That the conduct of Defendants was done in a manner to cause emotional distress and
that as a result of such conduct did cause emotional distress, extreme stress, anxiety, and mental
anguish to Plaintiff.

31. Defendants did these acts maliciously and oppressively and with the intent to cause
injury such that Plaintiff is entitled to an award of including exemplary and punitive damages, in an

amount which is within the jurisdictional minimum of this Court, and which will be proven at trial.

-6-
COMPLAINT FOR DAMAGES FOR LibelPRAYER FOR RELIEF

Plaintiff prays for relief as follows:

1) For economic damages, to be proven at trial;

2) For general and compensatory damages, to be proven at trial;

3) For exemplary and punitive damages to be proven at trial;

4) For costs of suit herein incurred;

5) For interest on all sums awarded at the maximum allowable rate;

6) For such other and further relief as the Court may deem just and proper;

7) For reasonable attorney’s fee spent by Plaintiff in order to defend herself and her
reputation from defendants outrageous acts;

8) Plaintiff hereby demands trial by jury.

Dated 3-26~202| (be

March 26, 2021 June LeePlaintiff (Pro Se)

-7-
COMPLAINT FOR DAMAGES FOR LibelCERTIFICATE OF SERVICE
I Declare a true and correct copy of this FIRST AMENDED Complaint was sent to Defendant

Association attorney Micah A. H. Yospe’s email address:
myospe@psalaw.net , on this day of March_Zé&_, 2021.

June Lée

March 26, 2021

-8-
COMPLAINT FOR DAMAGES FOR LibelExhibit 1Biniwo ia an smount equal io su

ae Be bt |

2 wae i247 ag

Fatt

   

: Tastes! “Ie the escent ‘Liat any Lanes
are assessed egatast the Clonee F ihe geesenal property of the
Asseciation, rather thas zinst the comlewiniums, such taxes shail be
included in the assessments mide under the provisions of Section 4.1,
and if necessary, a Special assessment aay be Jevied spaint the condos

ch taxes, to he paid ia tue (2) install-
iS Lhe “due date ef seach insta linent,

Section €.13 0 Unslice

Ares, oy

 

   
 

 

ments; thirty (303° days prior

Siinteet

  

 

"_., Seetion $.2 - Buties. in addition ta ti
its. Bylaws, er elsevhere provided
Limiting the generality thereof,
folioving duties:

he dufies enumerated in
in this Declaration, and without
the Association shali perform the

iz} Beintensace, The Assecietion shail maintain, repair,

replace, restore, operate and masage stl of ihe Common Acea and sil
facilities, improvements , furnishings, equipment and landsvaping there-
on, and all property chat aey be acquired by the Association. Msiate-
nante shall include,. without limitation, paiati-- waiataining, repaire
jag -.4 replacing eli €omnoa Areas, axterior .. 1 surfaces, and land-
scaping. The responeibility af the Asseciation for maintenance and
repairs shail. ast extend to epairs oz replacements arising out of or
caused by the willfel ar hegligest act or neglect of an Ouner of his
guests, tenants or invitees, the cost af which is not covered by insur-
ance. Any dispure vegasding the fiability of an Owner. shall be deter-
mined by a Gourt of competent jurisdiction. --Repairs ar + placements
ms shali "be the responsihility of each

resulting from such excluded ite!
that if an Ocnet shail fail te make the re>

Ouner, provided, however,
pairs of replacements uhich are his Fesponsibility as provided herein,
UpOR & vate ef s majoricy of the Board of Directors, and sfiter not
£6 the Quner, and hearing, the Asso-

then, r
less than thirey (303 days notice .

sight {but not “the obligation} to make such
repairs o£: cepierements, and the cost thercsef shall be added to the

ciation shail have the
assessments chargeable to such Condominium and shall be payable to the

 

  

 

 

Assoeistion by the Ounces of such condominium, .

bd Fnsurance. The ‘Association. shail‘ m
Susutance 9

z
MS
policies of insurance:

 

isin the following

z

 

3.°A policpyar po
extended toversge eadersement
aad malicious mischief, fer

units, and the Common Ares, poyable as provided in Section 8.3
Rereaf,-of such ether fire aad casualty insurance as the Board
Shall determine gives subst. Poeyeel oof greater pron
ection t¢ the S and ih merigsgees, as Uieig res-
Reclivé tater: appear. Rach policy shali provide that if

  

des of fire and casualty insurance, with
and coverage against vandalism
the ful

 

 

 
        
 

insurable value of the.

ost
aax ]}P27 itt

shall not be cateelicd si
eriites nelice: to Lhe

 

heut wt feast thirty (ane
sSatk
the

    
   

oath te rack of the Geners.
The Board shail fis of such iaosrente. al least
every year and shall icscane or adjust tie emer, TF neces
sary, to provide such coverupe and proteciiun as is cuskomari-

owners of similsr propesty ia the Counry
ia vhich the Project is leceted. Such policy ez policies
shall provide fer s separate joss payable eudersnment in favor
ef the mortgagee Or mortgagees af each condominium, if any.

 

ti. A policy ox policies ef somprehensive public Liability
insurance insuring the Assocfation Declarant, the Board,
Ouners and any appointed manager, against any tability to the
publie er to the Owners incident to the ownership and/or use
oF the Project and ta protect against any liability to the
public or to any Owner incident, to the use of, or resulting

from any accident or intentional act occurring in or sbout any
Unit ez the Common Arca. The minimum limits of such insurance
shall be determined by the Board and established to provide

such* coverage aad prcelection as is fustomerily carried by

prudent owners of similar property in the Canty in which the
Project is situeted. The Board shall caview the limits and
overage of such insurance 3st least every year sand shali
increase or adjust the same, if hecessary, Lo provide adequate
coverage and protection to the Asseciation, Declarant, the
Board, Owners, and any appointed manager. Such policy or
policies shali provide crass liabi?++~ endorsements or sever-
ability of interest endorsements ins

suring euch insured against
the liability of each ether insured.

 

 

 

  

ii. Worker's Compensation Insurance to the extent necessary
© comply vith sll applicable laws of the State of Cal

 

 

ifornia
the regulations of any gevernmentsi bedy Gr authority
ving jurisdiction over the Project.

wo oy

 

- A fidelity bond in 2 coumereisl blanket fidelity bond
form, obtained st the discretiva of the Board naming such

persons es may be designated by the Beard as principals, and

the Ovners as obligees, in am amouat ts be setormined by the
Bosrd in its abselute discretion.

Nothing in thie subsection {b} ‘shall c
maintaining such additional
discretion, shall deem ressonzble and necessary.
quired by the Board may be taken in the name of the
for the use and benefit ef the Board and all Qwaers.

estrict or prohibit the Board from
policies of insurance as it, in its akselute
Any insurance ace
Beard as trustee,

fe) Discharge of Liens. The Sasuciation shall dischar
payment, if necessary, any Hien against the Coamen Area, and as
cost thereof to the member of members riapousittle for the existence of
suck Tien, provided that said maber{s} is given eacice

tunity 26 be heacd by the Board before the distharge of ul

ge by

 

and the oppor-
he Tien.

days prior .

7we D247 wer

    

87

WARE, Peper OF otkereise refinish at Yererste the wanes surfaces of the
swlis, ceilings, floors, windows, and desea. bounding his Unin. tm the
event thet an Ouner fails to mintoir

ho the intesier “of his Eni
manner which the Board deems nace. ry ta

value of the property, the Beard MAY wet
quired and request thet it be tioae within
giving of such notice. Ia the event th
maintenance within the Sixty {60} day n:
and hold a hearing

ina
Serve the sppearance and
the Guner of the ‘work fee
sixty (663 days {rom the
e Owner fails to earcy out such

eriod, the Board may give notice
aed cause such work ie b

   
  

8 dane and may- specially
assess the cost thereof te such Duner ond, if necessary, Blace a tien en
his condominium for the amount thereof, .

Section 8.3 Entry for Repsirs. The Board or its appointed
7 SREEE See Unters.
agents may enter any Unit shen nacesss

Semance, xepair er construct = Ec
sible, Sock entry shall be made with as little i
Gener 28 is practicable and any damage caused thee
by the Board at the expense of the Association,

any smergenty, forty-eight (48) hour advance not

the Gwner or occupant prior to anv such entry,
reasonable hours, :

eby shali be tepaired
Except in the esse af
ice shell be given to
and any entry shall be at

Section 8.9 Bestructiog oF Condomi nin Building. if the
Project is damaged by fire or other cesualty which fs fevered by insur-
ance and the damage is limited £6 4 Single Unit, the insurance proceeds
shall be paid to the Gener of such Unit, or the mottgazee thereof, as,
thee vespectiva interests SPPear, and such Owner or mortgagee shall use
the same to rebuild and Fepair such Unit. fn the event the proceeds are
fasufficient ts eam er shall pay and ‘advance suck

plete such work, the Cun
additional sums as may be necessary to complete such rebuilding and
repair. :

 

   

     

 

if such damage extonds ‘Lo two {2} or more Units or extends to
any part cf the Common Ares, the following proceduces shall be employed
for disposition of

insurance Proceeds and guidance fa reconstruction:

fa} Hinor Casugity. If the available i
initially offered or paid by the insurar do ROL aRere:
thousand dollars $20,009}

3; aad the cost- of rey
net exceed the amount of available insurance
thousand dollars AS50608); such insurance pie

insurance trustees hereinafter designated, The Beard shall thereupon
contract te repair‘and rebuile the damayeg Portions of all Units and the
Common Arca, in accerdsnce with the conditions existing immediately
prior te damage {modified ey the discretion of the Board to comply with
building codes ‘and fonstrnetion standards in effect at the time of the
rebuilding) and the funds held in the insurance trast

for thet purpose, Tf the inesrance Proceeds are i
ef the costs of Tepairing or rebuilding,
fected shail

nsufficient to pay all
the Owners of the Units af-
8 Pay for the portion of
their Unit by
sli Ounees to

BSurance proceeds
“P the sim of twenty
p2iring or rebuilding dees
proceeds by more than five
Cerds shail be paid to the

 

 

the insuffie ency attiiluted to
the Board and the Board shal} levy a special SmenL On
moke up any deficiency. sutribited te the Cumpun Area. The
special assessment shall be subject te the provisions of this Declara-
tion governing membership approval of spect suits and shall be

   
 

 

 

fal as

   

 

find shall be used’Espero Beeherent uk the FB and gen
Parties having CF seguir; at
Bere of the

Sipis Clersat
zg itis .
Property op th

 

  

 

   
  
 
  
   
      
     
   

\ Section 2.2 waSSessmene® Sha} Oran tho, Portion ag ,
fest of maintaining: saproving, Sbersting ang MNagiag tha Proper
which is te bs Paid ty each owner as Felermineg by the Association

. Section 3.9 ~A8S0CI at fog! <
Francises §

Shali mean and
Rium Homeouners! Associatig
Sendomingy,

mas in the Project.
Section 1.3 “Board” op “Board of Di
réfer to the €2verning b, dy Of the Ass.

Fefer tg the Hi.
treet Condemt
which shell b¢ Owners of

, the members

c

lation esters” Shali Mean an
Oclation. .
Section 1.4 “Bylaws” Shaij Mean of tefer to the Bytavs OL
the Association 88 amended from time 20 time.

Section is.

"Common frea* Shai]
Portions of the Property ts ah

   

 

 

mean sng refer tg those
o which tiie ts hela py. 31] owners jy com-
MOR, and *xcepting the individy, i Condominiinn Brits, € Common Area
includes, without Imitation, i 3 Stzirs: *levators and Blavetor'
Shafts: basements Ss. csring walls, Olumns, Sirders,
Subflogrs | and loundatj TS} Central heating
Soulpmenr ducts, Stues and and - firs e8capes; conduits, Pipes,
Plumbing, - vires ad oti, *8stallments CODE Lhe cutlets
theres¢ located Within a. 4+ require 8S provide Power light, Lele-
Phone, fas, Sater, S@verg se, hear, a Clevator services,
Sprihklers, SPrinkler Pipe. nkler heads which Protrude jnagg the
siz space of 3 Condominium centraz Pelevision antenna, any,
soe Sttion ig . "Cai HOR =SBenses" Means ang Includes the
eetual and Stinateg expenses f *Perating the Property ang #2Y Foason-
© reserve for SHCh purposes 88 found ong dle ri ned by the Bourg and
Sums Sesignareg conoy ®SPonses py or y ne te th
uments,

Cone

amin iim
undivided

       

   

Mpans the PrSpoctionate

SPPSrtenang ts cenit

tion 1g Condom ng ugs SAT mean aa SStSE@ jn egy

Periy ss Sefined in falifsrais Civiy Code SCtion 783, TONS sting of

Eos Bait and OF undivigeg interes: ih the Somen sre3,
Sees” hes SMALL sean gq,
Restion Lg _ fen SURLY een the
PBCLure SttiLeining

resi~Exhibit 23/25/2021 Gmail - Unit 201

 

 

 

i Gmail New Luck 
Unit 201
‘Robert Copeland’ via 460 Francisco <460francisco@googlegroups.com> Sat, Mar 11, 2017 at 4:42 PM

Reply-To: Robert Copeland 
To: Bill Rose , 460 Franscisco Home Owners Assoc 460 Francsico
<460franciscohoa@yahoogroups.com>, 460 Francisco <460francisco@googlegroups.com>

Bill,

| believe the Association should pay for clearing the drain (your Question 1) because it may be
considered to be maintenance.

| do not believe the Association should pay for the other costs (overflow cleanup - your Question 2)
because they are not covered by the Association's insurance, the Association has not been
negligent, and there is evidence (grease in the line) that the occupants of 201 may have been
negligent.

Bob

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To view this discussion on the web visit https://groups.google.com/d/msgid/460francisco/1065361562.
4799105.1489279361604%40mail.yahoo.com,

For more options, visit https://groups.google.com/d/optout.3/25/2021 Gmail - Unit 201

)

 

 

ie Gmail New Luck 
Unit 201
New Luck  Sat, Mar 11, 2017 at 7:03 PM

To: Robert Copeland 
Cc: Bill Rose , 460 Franscisco Home Owners Assoc 460 Francsico
<460franciscohoa@yahoogroups.com>, 460 Francisco <460francisco@googlegroups.com>

Bob and Bill,

| don't know what you based your conclusions on that my unit was negligent. Please provide any and all information that
you have upon which you made this conclusion. | need evidence, not statement.

Please provide me any and all records regarding maintenance of all these pipes.

Please also provide me a building map.

| need these information asap.

Bill,

My attorney tells me that he has called you many times, but you have not returned his call. Please do so immediately.
June

Sent from my iPhone
[Quoted text hidden]

httos://mail.annale.camimaili/27ik=Ohh2I7h7 4)Exhibit 33/25/2021 Gmail - Re: $ 7285.47

New Luck 

 

 

Re: $ 7285.47

New Luck  Thu, Jul 27, 2017 at 5:59 PM
To: Michelle Lyn 

Cc: Sumit Roy , Matthew Goo , Bill Rose


Bcc: New Luck 

 

Hi Michelle,
You say that you are following this case closely, then you would know:

1. Immediately after flooding, | reported to the HOA. and asked the HOA to pay my damages. When my tenants moved
out, | reported to HOA that my damages were increasing due to flooding and inability to rent.

2. | asked HOA to contact the insurance company and file the claim, they would not. | filed the claim on my own, but the
insurance company would not accept my claim because the HOA is the insured party. The insurance company also
requested me to stop any repair works until they got authorization from the HOA.

3. Months passed by, but the HOA(board of directors) would not give the insurance company authorization to accept my
claim.

4, | had to have my attorney to call the HOA and the insurance company. | had to undertake repairs myself because of the
extreme delay. My attorney made numerous calls to the president Bill Rose, and left many messages, but rarely was able
to communicate with him. It took months for the HOA finally agreed and submitted the claim to the insurance company, by
the time | finished the repairs. The insurance company finally sent an insurance adjuster to evaluate my newly repaired
condo, and they said the extreme delay made it difficult to assess the damages accurately.

5. When | learned that the insurance company offered a small settlement(around $6000), | immediately sent out an email
said it is insufficient to cover my damages($28339) and how are we going to proceed with that? As you know, the HOA is
the insured party and responsible for the negotiation. There was no way the insurance company would negotiate with me or
my attorney!

6. Nevertheless, the HOA settled with the insurance company for a small amount knowing it's insufficient to cover my
damages. They did not consult with me or my attorney. | don't know if they are still going to negotiate with the insurance
company for more or not.

7. | did not receive any payment or any info for a long time and had to ask again when | can expect my payment.

8. Week later, when I received a partial payment of my claim (a check for $7285.47), | sent out an email again and said it
was insufficient to cover my damages, and asked how are we going to proceed next, when I can expect the remaining
balance payment.?

9. A few days later, | received the second partial payment of a check for $7285.47. After offset against my remaining
balance, the HOA still owes me $13768.06.

10. In order to find new tenants after the flooding, | have to reduce my rent by $298. That means | am still at the loss with
my rental income $298 each and every month going forward which | never included in my claim, as with advertising and
times spent etc...

Please tell me now, when would | receive my outstanding balance $137668,06?

Thanks,

June

[Quoted text hidden]

   

httne-imail ananla anExhibit 4A

t cach. of

 

New Luck 

Thu, Oct 10, 2019, 9:14 AM

to Michelle, Sumit, me, Bill, Robert, Clarissa, Russell, Adrian, 460, rita.lee.ci1o

| see there is no contract with Ward-Tek. As | told you KSYC is ready to start my repair job now.
State Farm and OBM have no objection.

If HOA has any objection, let me know immediately.

Thank you,

June (#201)

from: Bill Rose 

to: New Luck ,
Russell Gumina ,

460 Francisco <460francisco@googlegroups.com>,
Clarissa Chavez ,
Adrian Rojo ,

Robert Copeland 

cc: Bill Rose 

date: Oct.10, 2019, 1:55 PM

subject: Re: 460 Francisco #201 -scheduling process / start date.
June,

| received your voice message asking me to release to you the roughly $27,000 which State
Farm has determined to be the cost to repair unit 201.

| cannot do that.

The work needed in unit 201 is to restore the structures and materials damaged by the shower
leak in unit 201, and by the subsequent asbestos removal. Those structures and materials are
all “common area” which is owned in common by all of the condominium unit owners. That
common area is managed and maintained by the home owners association designated in the
CC&Rs (HOA).

The HOA consists of the owners of the individual condominium units, each of whom is a director
of the HOA. The directors of the HOA delegate execution of the day-to-day building
management and maintenance responsibility to periodically elected officers.

lam the recently elected president.

The funds which you request me to disburse to you are not yours. They are not mine. They
belong to the HOA, and ultimately they belong to all of the owners of the condominium units.
They are to be used to only to repair specific “common area” of the building.

In the ordinary course, the money would be disbursed to the party performing the work to
restore the structures and materials damaged by the shower leak in unit 201, in periodicprogress payments, and pursuant to a written agreement entered into by the HOA and a
licensed contractor.

Your request that | “release” the money to you is extraordinary, and | cannot do what you
request.

Bill

New Luck 

Oct 10, 2019, 3:37 PM

to Bill, Russell, 460, Clarissa, Adrian, Robert, bcc: me,
Bill,

You told me on 10/4/2019, that you did not want to sign the Contract with Ward-Tek, because
you didn't want to sign something you "don't understand". You asked me to send KSYC's
Contract to you, which | did.last week. | called you multiple times and sent you a couple fellow
up emails. | never heard back from you.

I had signed the Contract with KSYC and they are ready to start my repairs job now. KSYC is a
small licensed contractor, only works with home owner.

| verified with Rita Lee, State Farm adjuster, the portion to fix my unit repairs job insurance
money due should be $27,992.56.

If you don't want to release the money so that KSYC can perform the repair work in my unit, find
your own Contractor to repair my unit NOW!!

Please also to clarify that HOA is responsible to pay my lost of rents and related increasing loss
due to uninhabitable in my unit.

June

New Luck

Oct 10, 2019, 3:49 PM

\f you don't want to release the money so that KSYC can perform the repairs work in my unit,
find your own Contractor to repair my unit NOW!!

Unit 201

Oct 11, 2019, 11:51 AM

Bill, As | told you all along, | need to repair my unit. It's been 5 months. As you know HOA has a
duty to maintain, repair, restore of the condominium buildingExhibit 508-8705-M90

HOME CLMS-FIRECLAIMS

Fri, Mar 20, 2020, 11:10 AM

to 460FRANCISCO201@GMAIL.COM
June Lee,

| am responding to your email regarding the motion. for the claim. | have received direction to not

Move forward with the claim as the HOA does not want fo move forward with this claim under

i 1 claim will in closs this time.

Best,

Miranda Lilly

Fire Casualty Claim Specialist

Phone: 844-458-4300 Extension: 4806363101

Fax: 1-844-236-3646

Email: statefarmfireclaims@statefarm.com, please place claim number in subject line of email.
Mailing: PO Box 106169, Atlanta, GA 30348

Unit 201 <460francisco201@gmail.com>

Mar 20, 2020, 11:40 AM

to HOME, William, me

Hi Miranda,

| am sorry to hear that you closed my claim.

Would you please forward me the direction you have received?
Thanks,

June

05-8705-M90
HOME CLMS-FIRECLAIMS
Fri, Mar 20, 4:14 PM
to 460FRANCISCO201@GMAIL.COM
June,
Please contact Mr. Rose for more information.

Best,

Miranda Lilly

Fire Casualty Claim Specialist

Phone: 844-458-4300 Extension: 4806363101
Fax: 1-844-236-3646

Email: statefarmfireclaims@statefarm.com, please place claim number in subject line of email.
Mailing: PO Box 1061 69, Atlanta, GA 30348

siaUnit 201 <460francisco201@gmail.com>

Mar 20, 2020, 6:58 PM

to bill, HOME, bec: me

Miranda,

We have contacted Mr. Rose numerals times with no response. Please kindly forward us any
emails/directions Mr. Rose sent to you.

Thanks,

June

05-8705-M3S0

HOME CLMS-FIRECLAIMS

Mon, Mar 23, 11:47 AM

to 460FRANCISCO201@GMAIL.COM
dune,

1 don't have email correspondence to forward to you. | don’t have approval to move forward with
this claim at this time. If Mr. Rose would like to discuss this further, please have him contact me
directly, he has my direct contact in formation.

Miranda Lilly

Fire Casualty Claim Specialist

Phone: 844-458-4300 Extension: 4806363101

Fax: 1-844-236-3646

Email: statefarmfireclaims@statefarm.com, please place claim number in subject line of email.
Mailing: PO Box 106169, Atlanta, GA 30348

05-8705-M90

Unit 201 <460francisco201@gmail.com>

Mar 23, 2020, 10:37 PM

to HOME, me, William

Hi Miranda,

Please proceed the HOA adopted motion on March 10, 2020 accordingly, See attached motion
made on February 20, 2020, and emails below.

Thank you,

June Lee

PS. Please thoroughly review the notes in your system. Bill Rose just like myself, we are
EQUAL home owners/HOA members. He refused to represent HOA on this matter. If you have

2/3any ofher credible and verifiable instruction from HOA, which has to be in writing, please
forward it to me. | deserve to be informed with EQUAL DATA.

HOME CLMS-FIRECLAIMSTue, Mar 24, 2020, 3:49 PM to me
June,

Thank you for your response. Mr. Rose is my point of contact for this claim- | have verified the
notes in the file refiect the same. You will have to work with the HOA, as | have not been given
permission to move forward with this claim. If this not the case, please have Mr. Rose contact
me directly.

Thank you,

Miranda Lilly

Fire Casualty Claim Specialist

Phone: 844-458-4300 Extension: 4806363101

Fax: 1-844-236-3646

Email: statefarmfireclaims@statefarm.com, please place claim number in subject line of email.
Mailing: PO Box 106169, Atlanta, GA 30348

3Exhibit 6from: Tonya Saheli 

to: "newluck268@gmail.com" 

ce: “williamcrose1 @gmail.com" 

date: Oct 26, 2020, 10:43 AM

subject: Mediation Login Information for Wednesday 10/28/2020 at 2;00pm

mailed-by: sfbar.org
Tonya Saheli is inviting you to a scheduled Zoom meeting.

Topic: Mediation with June
Time: Oct 28, 2020 02:00 PM Pacific Time (US and Canada)
Please find Mediation Zoom Link below:

https://zoom.us/j/9878367344 1 ?pwd=WG9IOGSqbkhNK1ItNGhZejk2N3dqUTO9

Join Zoom Meeting
https://zoom.us/j/98783673441 ?7pwd=WGS9IOGSqbkhNK1ItNGhZejk2N3dqUTO9

Meeting ID: 987 8367 3441

Passcode: 007359

One tap mobile
+16699006833,,98783673441#,,,,,,0#,,007359# US (San Jose)
+13462487799, 9878367344 1#.,,,,,0#,,007359# US (Houston)

Dial by your location
+1 669 900 6833 US (San Jose)
+1 346 248 7799 US (Houston)
+1 253 215 8782 US (Tacoma)
+1 301 715 8592 US (Germantown)
+1 312 626 6799 US (Chicago)
+1 929 436 2866 US (New York)
Meeting ID: 987 8367 3441
Passcode: 007359

Find your focal number: hitps://zoom.us/u/abSNGkE2Aj

Tonya Saheli, JD,MS

Associate Mediation Counsel

Conflict Intervention Service and Special Education
The Bar Association of San Francisco
415.625.3119 office

925.216.2115 cell

sfbar.org/cisFrom: Tonya Saheli 

Date: October 27, 2020 ai 1:21:47 PM PDT

Fo: New Luck 

Subject: RE: Mediation link for Wednesday at 2:00pm
Hi June,

Unfortunately | will not be going forward with the mediation tomorrow. Bill has never replied
to any of my emails but has continued io request mediation through a different wing of our

Program that requires you both fo pay for the services equally. He is still requested mediation
through the ADR program. | realize you don't wont to Go this route because you don't want to
Pay, but if you don't go the ADR route there will be no mediation. Sorry this did not work out.

Tonya Saheli, JD,MS

Associate Mediation Counsel

Conifict intervention Service and Special Education
The Bar Association of San Francisco
415.625.3119 office

925.218.2115 cell

par orale

THIS EMAIL IS CONFIDENTIAL, THE INFORMATION CONTAINED IN IT IS INTENDED
ONLY FOR THE USE OF THE INDIVIDUAL(S) OR ENTITY(IES) TO WHOM IT IS
ADDRESSED. ANY INADVERTENT DISCLOSURE TO OR USE BY ANY PERSON
OTHER THAN THE INTENDED RECIPIENT(S) SHALL NOT BE DEEMED A WAIVER
OF ANY EXPECTATION OF CONFIDENTIALITY. IF YOU ARE NOT THE INTENDED
RECIPIENT(S) OR THE EMPLOYEE OR AGENT OF THE INTENDED RECIPIENT(S),Exhibit 7Exhiulk ©

New Luck  Aug 4, 2078,

C Plank Juno Leg) 5:58 PM
toWilRamCRosewilliamce
1,d6Ofrancisee 460FraHA, .

bec: .

Sill Russ President of HOA,

As you know, | made claim for reimbursement of water damage to my unit last year, f have nat
received full reimbursement of niy claim, Please respond ASAP.

in addition, pisase send me @ copy of ail the board meating minutes of last year, including foday,
‘Thank you for your prompt reply.

Sincerely,

dune Les

Owner of unit #207 |ae ;
wahnaim@yehoo.com Defendlawt U/aleecl } sugatore
[460FranciscoHoal : NI PM -
<460FranciscoHOA@yahoogroups.ce

ms .

to 460FranciscoHOA,
WilliamCRese.

williamcrosel,  -

46Dirancisco

You serious June, you've been over paid and owe the HOA reimoursemenil {ve been involved

with your fraudulent claim since day one! You Stole irom the HOA and I will be very invoived on
any further actions you are claiming!!!

Trust me, {lbs 10% carn ou do sel anor dine forth HOA fe sane
fupgrade/remodel on our dimelf

Move on June, being a landiord has the responsibility of paying yor tenant mishaps! Which | and
the HOA can prove. Be careful what your asking for, Evil be relentless to prove you wrong. oO

Cheers,

Waily GNew Luck  Aug an
hoo nos F
6 Plain Tune Loe}

to. 460FranciscoHOA,
WilliamCRose,

williamcrose1,
460irancisco

Listen, your are completely misinformed, and my law suit will include defamation against you
personally! And anybody elses who spreads this lies!!

1am forwarding this to my attorney.

Again, respond te my request immediately regarding ty claim and the minutes!zo 1 {
wghnaim@vaheo.com (Toten daw W aera

/ Aug 42078,
[460FranciscoHOA] 8:36 PM
<460FranciscohOA@vahoogroups.co
m>
to 460FranciscoHOa,

WilliamCRose,
williamerase7,
460francisco

Actually you LISTENH! Do NOT ever threaten me, Junelill You have no idea who you're
threatenina?

Let's get a few things siraighil

1- the info provided to me, clearly states the flood in your unit was NOT caused by the main
lateral lines in the building. Which excludes the HOA from any responsibility?

2- you cashed 2 check that was accideniaily issued to you by OM and receiving an additional
check, you cashed from the HOA insurance meaning you double dipped.

That is fraudulent on your pariYou have NO proof of additional conieni showing otherwise, if you do then please provide US
ALL, to clear you from fraud!

Ciosing note: BO NOT EVER threaten me, as my knowledge and experience with building
Assessment of Siructural Perfermanee is well versed...

dust as an FYI

Cheers,

Wally GNew Lusk 

of poe . Aug 5, 2018,
{ Planti4é Tone Lea’) 9:47 AM
f trae :

Ww 460FranciscoHOA,
\WiiliamCRose,
williamerosei,

460franciscs

Curiously, wiyy is that when the same thing happened to your unit a few years ago, HOA
insurance paid you $28,000? Please explain.

Again, my requests was addressed to Bill Rose President of HOA, are you President of HOA
now?

Why don’t you answer my requests io reimburse My outstanding claim of $13,768.06 plus
interest. | have been waiting since last year. Also provide me ail last year’s board meeting
minutes. You failed to answer what I asked for. Instead you chose io defame me.

Please answer the questions asked.Exhibit 8Audit ot SF usters

‘wally ghnaim' via 460 Francisco <460francisco@googlegroups.com>
Tue, Sep 15, 2020, 8:12 PM
to 460, 460, Edwin, Russ, 460FranciscoHOA@yahoogroups.com

I'm OK with the increase of 20% only if it is being utilized properly. This should also be based on
the actual total monthly HOA due and not the amount actually paid every month if you have a
rental unit.

4- Our insurance went up due to a volume of claims they failed to handle correctly, resulting in
this massive increase. Most of the clai Id ni ave been approved (NOT GOING
INTO DETAIL) but that should not have happened, and now we're paying for it. Has anyone
itof . 5

2- How will the balance of our last assessment | already paid in full be used for future
assessment that was originally for the West Wall and Side walk repair?
3- How many bids did we get for the HOA management company?
4- The monthly extra charge for rental units, should either removed or capped. I've had the
same tenant for over 5 years paying into a monthly rental surcharge fee that went nowhere but
to the HOA to help pay for other move in/out damages not caused by my unit. This is not a fair
charge and have argued this since day one.

a. move in/out deposits should be made, not monthly fees and/or

b. any unit with more than 2 persons should pay more (per person) due to the extra volume
of water used, more garbage space, (in unit washer/dryer), etc. all paid by the HOA.
Another issue to be discussed.

All Units in need of repairs/remodel need to be inspected and approved by the HOA officers at
the very least. So no illegal work is being done, effecting the integrity of our building.

That's all for now.
Cheers,
Wally

Bill Rose Sep 23, 2020, 7:06 PM
to Ernesto, Bill, wally, 460
Wally, Ernesto and HOA members:

The 20% Dues increase is simply to pay the increased monthly insurance premium. Nothing
else.

Reviewing this month's HOA financial report, it appears we have an operating deficit of
$7464.42 through the first 8 months of 2020. The Dues increase scheduled for Nov 1 will not
erase this deficit. Effectively we are paying this from our Reserves. From Nov. 1 the Dues
increase will cover the increased monthly insurance premium but there will still be a shortfall in
monthly contributions to Reserves. Even if the 20% Dues increase had taken effect as of Nov. 12019 the monthly Reserve contribution would still have been cut in half through the first 8

months of 2020. Additional Dues increase of 5.5% is necessary to maintain full monthly
contributions to Reserves. This assumes no other extraordinary monthly expenses.

1. Only one State Farm claim appears to be a non-peril event that would technically not be
covered by the HOA insurance policy. This claim - the Dec. 2016 sink backup event - we
ested an investigation Farm Special Investigation Unit (SIU). In April 2017 the
i igate the claim-and report he clai ttlement i ropriate.

 

Monitoring our claims history State Farm tracks the propensity to file claims and the Loss Ratio.
Both of which have accelerated over the past 10 years. Now, State Farm is not renewing our
insurance. We have an insurance broker looking and prospective insurance company
underwriters are now requesting details on both claims history and the number of renter
occupied units.

2. The $20,000 assessment was for both repaving the sidewalk and painting the wall. Lisa spent
$9200 on sidewalk. And the assessment does not account for legal expenses that Lisa did not
assume given the neighbor granted only air rights which is not sufficient to get the job done. The
assessment assumes the contractor can utilize inexpensive block-and-tackle equipment to
reach the wall but if neighbor negotiations don't go well we could be left with a staging system
method that will more than double the cost.

Current Reserves and assessment are not sufficient to finance the list of future repairs and City
code requirements scheduled to maintain the building.

3. [have spoken in detail with 7 property management companies and counting who handle
HOA management of small associations and that provide the requisite HOA Governance
services. Others | spoke with are not interested from a price point or building size. | am now
looking at a hybrid or a la carte service model. Note: Ocean Beach Management's offer with
bookkeeping was $720 per month which would be a Dues increase of 9.5%.

4. Unit 104 tenants' move-in: 2019.
4.a. CC&R's state the individual Owner is responsible for common area damage caused by
Owner's tenants. | note new minor building damage every month. Damage is cumulative and

doesn't occur simply at move-in/move-out time.

On Friday, repairs and painting of foyers, stairwells, hallways and doors was completed. Walls,
ceilings and doors are now spotless. | took photos for future comparison.4.b. Utilities expense have decreased every year since 2016: Water decreased 39%. Gas
decreased 38%. Electric decreased 16%. And the washer/dryer monies the HOA receives have
increased by 15% since 2016. The service expenses that have increased - the garbage,
elevator, administrative, minor repairs in general - have not changed in service levels. Rising
costs for providing the same services in San Francisco are the reason for increases.

Finally per Wally's email: "All Units in need of repairs/remodel need to be inspected and
approved by the HOA officers at the very least. So no illegal work is being done, effecting the
integrity of our building."

CC&R's provides the Board approves changes to units beyond the owner's exclusive right to
refinish or decorate the inner surfaces of walls, ceilings, floors, windows and doors bounding the
unit.

| understand talking to Burt that Unit 301 is planning a remodel. The unit 301 remodel does
require a city permit and inspection.

Billfrom: wghnaim@yahoo.com
to: Ernesto Tong 

ec: New Luck ,
Bill Rose ,
460 Francisco <460francisco@googlegroups.com>

date: Nov 6, 2020, 5:01 PM

subject: Re: HOA MEMBERS: PLEASE READ
I'm for the cheaper insurance that will balance out our HOA increases.

This all could have been easily avoided if we stand up to fraudulent claims!

FYI, we all own the same building and need to work as a Team, nothing personal...

Cheers,
Wally G

New Luck 
Nov 9, 2020, 11:10 AM
to Unit, wally, Ernesto, Bill, 460, bcc: William

It is disingenuous that you are trying to influence other members, because it was YOU who
secretly received the State Farm Insurance payment without notifying any of the HOA members.

| never submitted a fraudulent claim. Though no fault of my own, my unit was flooded 4 times
over the past 6 years. | have submitted claims. My claims were valid, but the HOA has failed
to submit to the State Farm and act on it. That's the subject of Mediation.

So, let's proceed with the Mediation asap.

June #201