Respondents' attorney says homeowners association documents may shift responsibility for retaining wall repairs

Aug 31, 2026

Steven Booker, representing the respondents, told the commission his clients accept that repairs are needed but suggested recorded covenants and HOA declarations could make the association or upper owners responsible; he said his clients were negotiating a release with SMBD.

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Steven Booker, who said he represents the property owners named as respondents, told the commission his clients "are not saying it doesn't need to be fixed" but that recorded declarations for the development may require the homeowners association (referenced in the record as SMBD) or upper property owners to maintain retaining walls. Booker asked the commission to recognize that his clients have been reluctant to sign an agreement that might absolve other parties of responsibility without a clear release.

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