From: Irwin Waldman <iwkw@aol.com>
Date: Sat, Jul 6, 2013 at 3:04 PM
Subject: Re: MONTEREY HOA PROPOSED RULE CHANGES
To: montereyopenforum@gmail.com
copy of email sent to Dana Brown below
The proposed rule change regarding trees in sideyards makes no sense and is probably illegal. I am an original homeowner and have had trees in my sideyard since moving in and had them planted at great expense. One of the main reasons these trees are there is to prevent golfballs from hitting my house and people sitting in the sideyard. Originally American Golf planted many trees from the tee to my house for the express purpose of providing protection from golf balls hit into my house and sideyard but they have died and been removed. Now the only protection we have is from the trees in our sideyard
.
I do not believe that the Board can legally require removal of the trees and I am prepared to fight this in Court. I see no valid reason for the Board to expend homeowner funds on legal fees in order to enforce this proposed rule.
In addition the removal of the trees would constitute a conscious disregard of my family's safety and my property's freedom from costly damage. Such action would be the basis for an award of punitive damages against the HOA and the Board. Indemnity for punitive damages is illegal in California.
Please be advised I have no desire to engage in litigation with the HOA but if my hand is forced I will take all steps to protect myself, family and property.
Irwin Waldman
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