Seabreeze Management Company review: Seabreeze management

New Chase BOD President Patty Ryan and Brad Collins/Seabreeze Management:

Ensure that the burned-out light bulb in the common area front patio is replaced immediately. This is now the fourth documented reminder and request for this common area maintenance item to be addressed, despite payment of a monthly HOA assessment of $575, which is intended in part to fund the maintenance, repair, and replacement of common area elements such as lighting. Under the Davis-Stirling Common Interest Development Act, California law imposes a mandatory duty on homeowners’ associations to maintain, repair, and replace common areas, including lighting in shared walkways and patios, unless the governing documents clearly provide otherwise (see California Civil Code § 4775(a)). At night, the area around my property is unreasonably dark and unsafe, particularly in light of your prior email warning residents about packages being stolen and suspicious individuals accessing and walking through the New Chase community.

@ Patty Ryan, as President of the New Chase HOA, please ensure that Seabreeze Management is properly carrying out its delegated maintenance and safety responsibilities to the community in accordance with the Association’s statutory obligations and governing documents under the Davis-Stirling Act (California Civil Code §§ 4000 et seq.). My request for replacement of this dead common area light bulb is a basic common area maintenance issue and should not require four separate requests to be addressed. The Board and management have a fiduciary duty to act in the best interests of the membership and to maintain common areas in a reasonably safe condition. Given the documented gross negligence by Seabreeze Management in their handling of the Leucadia, California community, which tragically resulted in the deaths of three innocent women and a multi-million dollar legal settlement—continued trust in their management of New Chase HOA funds and community safety is questionable. Under California law, including the Davis-Stirling Act (Civil Code §§ 4000 et seq.), the Board has a fiduciary duty to act prudently and in the best interest of the Association and its members. Failure to hold management accountable for such egregious negligence and lack of responsiveness to safety and maintenance requests constitutes a breach of this duty. Therefore, should Seabreeze Management fail to promptly address ongoing maintenance and safety concerns, including this dead light bulb request, it is necessary to initiate termination of their service agreement to protect the community from further risk and financial harm, consistent with the Board’s obligation under Civil Code § 5850 et seq. to ensure competent and trustworthy management.

Ms. Zastrow, please note that this communication is to be documented as part of any complaint filed with appropriate oversight or consumer agencies, including evidence concerning whether maintenance and safety requests from non-white owners are treated differently from similarly situated white residents. Unequal or selective enforcement of common area maintenance and services on the basis of race or other protected characteristics may implicate federal and state fair housing and anti-discrimination laws, including the Fair Housing Act and the California Fair Employment and Housing Act (FEHA), which prohibit discriminatory treatment in housing-related services and facilities.