To date nobody from the Tahoe Village HOA Board has called, emailed or met with me to discuss the situation at 331 Quaking Aspen or 339 Tramway Drive. And they have not met with me to walk either of the sites.
Abril- Tahoe Village HOA Community Manager
Mike P- Tahoe Village HOA Maintenance Manager
Trent- QBE insurance- Claims Specialist – Commercial Liability- Insurance carrier for Tahoe Village HOA (first contact initial email 10.8.24)
Alex- QBE Insurance- Senior Claims Technical Specialist – Latent Injury- Insurance carrier for Tahoe Village HOA (second contact assumed claim 10.23.24)
Jason Roewer- QBE Insurance- Claims Specialist – Commercial General Liability- Insurance carrier for Tahoe Village HOA (third contact assumed claim 9.12.25)
Jason Peak- Laxalt Law Group- Local Attorney for QBE Insurance
Brent- owner at 331 Quaking Aspen and 339 Tramway Drive
8/1/23 Brent email to TVHOA Board-
I am requesting TVHOA create a new plan for road/parking lot snow removal instead of pushing/dumping it above the 331 Quaking Aspen building. The additional snow being pushed/dumped above this building has caused damage multiple times to the stairs/building over the years which has been documented with TVHOA. It has now been noted the additional snow is leading to increased erosion around the footings at 331 Quaking Aspen. I am requesting the snow from the parking area and road be taken to a different area of Tahoe Village instead of being dumped directly above the 331 Quaking Aspen building.
11/9/23 TVHOA Board hires Lumos to evaluate the erosion at the southeast corner of 331 Quaking Aspen building. See Lumos letter
Recommendation- Lumos is unable to confirm the exact cause of the erosion at the southeast corner of the structure, however it is believed that preventative measures can be taken to help reduce the amount of drainage flowing toward the building. Grading should be done to create positive drainage away from the structure, a rock lined swale should be constructed down the slope and directly in between this structure and the adjacent structure to the south, and a rock lined basin constructed
at the bottom of the swale. This will help direct runoff away from the building base and potentially reduce future erosion.
With the multiple contributing factors a coordinated effort with shared cost between whomever owns the property at 331 Quaking Aspen, the residence to the
south and the property in between would be the most viable since all three properties are impacted.
The Lumos engineer suggests 331 Quaking Aspen should share the costs to correct the drainage issues created by the Tahoe Village HOA snow storage pile.
2/13/24 Tahoe Village HOA Board instructs attorney to write first letter to Brent. See Minden Law Letter #1
Key statement- There are no alternative locations to place snow, and the HOA will continue to place snow there as needed
2/16/24 Brent email to Abril and Tricia (Minden Law)
The letter suggests TVHOA is choosing to continue dumping parking lot and roadway snow on top of my in ground water shut off valves to the north of my building. Normal snowfall will put 1-3' of snow in this area during the winter. When TVHOA dumps snow it becomes 8-10' of snow. TVHOA is clearly creating the issue. And it is my opinion TVHOA will be responsible for any damage that is a result of me not being able to access these shut off valves. This issue is real- I had a frozen water meter in January 2024 at this specific location. Summit Plumbing was tasked with fixing the issue. If they were not able to fix the problem and/or the problem busted the pipe/meter we would have needed to access the main shut off in the ground to stop the flood of water to the area. With 10' of snow it will take hours to uncover and get access to the meter.
In addition, dumping your snow in this area to the north (in the water shut off area) of my building contributes to the issue I contacted you about on 8.1.23. The additional snow you are dumping above and around my building is causing damage to my building.
The attorney goes on to say it is up to me to work with KGID to move the shut off valves. I don't think this is fair or reasonable.
The attorney letter suggests I am requesting the HOA cease placing snow to the north and west of my building. We have gone over this in numerous emails along with a site visit. In addition to the areas to the north and west of my building I have also requested the HOA stop dumping parking lot and roadway snow to the south of my building. And so we are very clear and to make this easy.... I dont want any additional parking lot and roadway snow dumped anywhere around my building.
The TVHOA board continues to choose to point blame and responsibility on me.
1. TVHOA Board pushed back at my original request to stop dumping snow next to my building- refusing to use common sense and instead wanted me to hire and provide an engineer report proving their snow is causing issues
2. TVHOA hired an engineer (because I pushed back) and the report suggests I need to pay for upgrading the drainage so TVHOA can continue to dump snow around my building
3. Attorney letter suggests (after my request to stop) TVHOA will continue to dump snow to the south and north of my building.
4. Attorney letter suggests it is on me to move the in ground water shut off valves so TVHOA can continue dumping snow in this area
Additional headaches caused by TVHOA specific to this issue:
1. Because of TVHOA snow dumping around my building, TVHOA has replaced/repaired my deck and railings at this building 5x over the last 12 years.
2. Last year, Unit B had 2-3' ice boulders pushed down on stairs, deck and up against front door. At my request, TVHOA removed these boulders from door entrance along with 5' of snow on stairs/deck. The parking lot/roadway snow was pushed down the hill where it built up around my building to a point it was up and over the stairs and deck. And the ice boulders from the road/parking areas were blocking the front door. Keep in mind, the front door/decks/stairs are 10-15' off the ground during summer months.
I believe my request on 8.1.23 to stop dumping parking lot and roadway snow around my building is fair and reasonable. I also believe my request can be solved by using simple common sense. As I have already outlined, the building is built on a steep hill and has pole/stilt foundation. TVHOA takes all snow from large parking lot and roadway areas and dumps it above/around my building/foundation. Common sense would suggest this additional snow is causing erosion and structural issues.
I am beyond frustrated trying to work in good faith with the TVHOA Board. My request went out on 8.1.23. The letter you had the attorney write arrived on 2/13/24 and lacked correct information and clearly does not provide a reasonable solution.
I am requesting TVHOA (and any of your contractors) immediately stop dumping/pushing/adding snow to all areas around my building at 331 Quaking Aspen. I am requesting TVHOA immediately provide a letter stating you and any of your contractors will stop dumping/pushing/adding snow to all areas around my building at 331 Quaking Aspen.
3/4/24 Brent email with pictures to Abril (showing snow being piled down hill on deck at 339 Tramway.
This is what I am getting from the snow storage area between 339 tramway and Kingsbury of Tahoe
3/4/24 Abril email to Brent
Thank you for letting me know, I've contacted Mike, he will go there to see what's going on and will get back to you
3/8/24 Tahoe Village Board instructs attorney to write second letter to Brent. See Minden Law Letter #2
Key statements from letter-
The Association and its contractors use the common area for snow storage and have consistently done so over at least the last 30 years, probably longer
Given the foregoing, the Tahoe Village Homeowners Association rejects your demand that it cease using its common area surrounding 331 Quaking Aspen for snow storage. The Association is permitted to use its property for any lawful purpose
9/9/24 Brent email to TVHOA with pictures showing the snow storage damage to 331
Abril response-forwarded to Board for Review
9/10/24 Brent email to TVHOA with pictures showing the snow storage damage to 339
Abril response- forwarded to Board for Review
9/25/24 Appointment to walk both sites with TVHOA Community Manager (Abril) and TVHOA Maintenance Manager (Mike P)
10/3/24 Abril email to Brent
The Board reviewed your request and decided for the Snowdown building we will go and repair the damage and for 331 Quaking it has been transferred to the insurance company. I'm waiting to hear back from them but be aware they might contact you to go over the details, once i get the adjuster information I'll forward it to you.
10/8/24 email from QBE Insurance to Brent
Hey Brent, my name is Trent and I am the adjuster assigned on behalf of the insurance carrier for Tahoe Village Homeowners Association.
As this is a brand new incident for us, we are starting our investigation. I have someone assigned to take a look at the area involved in person. I can give them your contact information so you can be there as well if you would like, they can coordinate with you and Abril.
In the interim, how old is the property? How long have you owned it?
Do you have any further photos, videos, etc., to prove you side of the case?
My direct email is Trenton.bailey@qbe.com and the claim number is xxxxxx. If possible, email works best as I am located in Florida. But of course if needed, give me a call.
Have a great day, thanks.
QBE Insurance Corporation
Trenton Bailey, SCLA, SSYB
10/9/24 Brent email to Trent
Trent,
I left you a message yesterday. I want to meet your person to show the damage that has been caused to the entire side of the building. The building is built on a hill and has poles/stilts and not a traditional concrete foundation. The snow storage has placed weight on/against the building and created erosion issues. I have the same pics I sent the HOA. Are they not forwarding them to you? I have multiple emails asking the Tahoe Village HOA Board to come up with a plan that does not push snow up and around my building. Damage to my walkways, stairs and building from this snow storing takes place every year. TVHOA has made fixes multiple times to the walkways/stairs over the years. In a letter response from the TVHOA attorney he says the HOA has been dumping snow in the area around/above my building for 3 decades. I made multiple requests of the TVHOA Board to create a plan that does not take the parking lot and roadway snow and shove it up against my building. The TVHOA attorney wrote a letter saying they are going to continue shoving the snow around my building. We again have damage. And we also have major damage to the pole structures on this side that support the building.
I bought the units 20 years ago. The HOA would have all of my email requests and the board/attorney responses.
brent
10/15/24 Trent email to Brent
Thanks Brent, our field adjuster I believe is supposed to be out there this Thursday. Did he get in contact with you?
The emails, photos, any evidence at all that you feel is relevant….please email to me. Yes, we have asked our insured for the same and for all evidence they have…..but we always ask all parties so that we can make sure we have obtained as much as possible; we don’t know what they have, and we don’t know what you have…..so we want it all so we can review.
It is going to take some time before we make a final decision. Besides obtaining the evidence from you and our insured, we then have to review it and wait for the report from our field adjuster also. It can take sometimes a week or two before we have the report after they make the site visit.
Thanks Brent
QBE Insurance Corporation
10/15/24 Trent email to Brent
Hey Brent, I sent you an email earlier, please make sure to respond to it.
I also forgot to ask….do you have an attorney? The insured mentioned that you said something about having an attorney one time….if you have an attorney for these damages representing you, I need a copy of his letter of representation and likely he does not want us speaking directly to each other……but rather everything going through him. Let me know.
And just to clarify…..these damages you are seeking repairs for…..they occurred in January 2023….or they have occurred over multiple year accumulating together? Can you try to be as specific as possible regarding the years involved, that collectively have led to these damages?
Let me know via email, thanks.
10/15/24 Brent email to Trent
Yes I am meeting with the field adjuster on Thursday. All is good with Kirk.
Yes I have an attorney. And yes he would probably like everything to go through him. But everything will go through me first. I will have him review things to provide guidance. His level of involvement will depend on how the HOA and insurance chooses to handle the situation.
The attorney had me pull all emails, HOA attorney correspondence and pictures. I am working to get all of this uploaded into a Google shared document to share with you and the field adjuster.
10/15/24 Brent email to Trent
I captured the damage with pictures in 2023 and 2024 but there has been ongoing damage. Tahoe Village has been out to fix the damaged stairs/walkways multiple times over the years. The building is built on poles and does not have a traditional concrete foundation. The HOA pushes snow from asphalt parking/roadway areas down the hill and up against/under/around/over the 331 Quaking Aspen building. Pictures show a 20-25' wall of snow that has been created dumped by the HOA up against the building. In addition, all of this added snow has created erosion issues around the pole supports. The pole supports on this side of the building are sinking. Right now I am not able to rent my unit because the stairs are not safe. The unit has cracks in the walls and broken windows. I did not understand what was causing the erosion issues/poles sinking until it was explained to me.
10/15/24 Brent email to Trent
Google shared doc with pics, email trail, letter correspondence etc... should be in your inbox. Let me know if you have any issues accessing.
10/16/24 Trent email to Brent
Can you have your attorney email me stating it’s ok to speak with you directly moving forward about this claim?
10/16/24 Brent email to Trent
That request seems odd. It is my claim. I personally started the claim with the HOA. I am giving you permission to speak with me.
10/16/24 Trent email with Brent
It is standard procedure due to the attorney involvement.
How about this….can you email me directly advising that at this time, your attorney is not representing you directly for this claim? If he is representing you for this claim at this time….I need him to confirm, in writing, that it’s ok to speak with you directly about the claim.
10/16/24 Brent email to Trent
At this time my attorney is not representing me directly for this claim.
Trenton, please read the email string I provided in the Google shared doc. I have been very reasonable with my requests to have the HOA stop causing damage to my building. And then read what the Tahoe Village HOA Board had the attorney write in the two responses I also included in the shared doc. I am not looking to make this ugly, but I am frustrated with this situation.
10/17/24 meeting with QBE Insurance field adjuster, Abril, Mike P, Brent at both sites
10/18/24 Brent email to Trent
You requested I supply you with all communication and pictures related to the damage the HOA caused at my 331 Quaking Aspen building. I created an online document and shared everything with you on 10/15/24. I then sent a follow up email on 10/15/24 letting you know about the shared document. Have you accessed the document?
10/18/24 email from QBE Insurance (Trent) to Brent and Alex
Hey Brent, hope all is well on your end.
We received the document.
This file has been transferred to Alex Earl, I am no longer handling it moving forward. Any questions or concerns you may have that come up, please communicate with him moving forward. He just got the file recently so please allow him some time to get up to speed. (copied on this email)
Have a great weekend, thanks.
10/18/24 Brent email to Trent and Alex
Got the info thanks.
I am going out of town and will be away from my computer for 10 days. If you need anything please let me know so I can get it to you before I leave on first flight tomorrow morning. I updated the pictures tab of the document early this morning showing the evolution of the snow pile stacking up against the building. In addition, I am hoping to get the interior damage pics uploaded to the shared doc before I go.
10/23/24 Alex (QBE Insurance) email to Brent and Trent
Could you please provide the corresponding claim number?
10/24/24 Brent email to Alex and Trent
Are you asking me or Trenton for the claim number? I believe your company has the claim number??? I don’t think I have this info. I contacted the HOA and reported the issue. I spoke by email with Trenton a few times. I met with an adjuster last week. I provided a history of all communication and all pictures to your company related to the building damage. The claim was moved from Trenton to you late last week. Maybe check under my name for the policy number????
10/24/24 Alex email to Brent and Trent
Sorry for the confusion – I was asking Trenton, who provided me with the claim number.
It looks like we have the received all of the adjuster’s report materials. Let me review the materials, and I’ll get in touch with you next week (I am going to be mostly unavailable tomorrow).
10/24/24 Alex email to Brent
It looks like we have the received all of the adjuster’s report materials. Let me review the materials, and I’ll get in touch with you next week (I am going to be mostly unavailable tomorrow).
11/5/24 Alex email to Brent and Abril
I’ve spoken with Abril. I understand that the damage to your property was likely caused by the snow contractor for the HOA. Therefore, we are working on filing claims with the HOA’s snow contractor and their insurer(s), so that we can get everyone at the table to address your claim(s).
In the meantime, if your property needs immediate repair, I recommend that you file a claim with your first-party homeowner’s insurance company.
11/18/24 Brent email to Tahoe Village HOA and Alex
Abril,
Alex is suggesting I go through my homeowner's insurance to get something accomplished while your side chooses to work through the blame game.
His suggestion puts me in a bad position for multiple reasons-
1. It will have a direct impact on my claim records
2. It will have a direct impact on my premiums
3. If he is not aware- insurance is becoming very difficult to secure in our area (for wildfire exposure) and this suggested claim could easily be a trigger to cancel my insurance.
11/20/24 Brent email to Alex and Abril
Alex,
What exactly does "tendering" mean? Please explain your tendering process so I can better understand things. What day did you "tender" the matters to the snow removal vendor so I can track things?
Keep in mind, we started this back in September. And correct me if I am wrong, but you have provided zero updates along the way about what I should expect and/or any sort of timeline for resolution.
11/21/24 Email in from Alex also to Abril
The tender will be telling the contractor and its carrier that we find that they are responsible for the damage to 311 Quaking Aspen. Abril is working on obtaining the contractor’s insurance information, so we can tender this directly to the carrier (which is much preferable than just to the contractor).
As for 339 Tramway, I have set up a new claim and will get an adjuster assigned to inspect the damage and write up a damage report. You should be receiving communication shortly.
Thank you for your continued patience.
12/2/24 Brent email to Alex and Abril
Alex,
So we are on the same page. This issues were formally submitted in September (but the issues have been going on for months/years). It is now December and full on winter has arrived.
I asked you for the adjuster's findings. Nothing. I asked you for expectations and or a timeline to resolve things. Nothing. I asked you for the contractor contact info you are "tendering" info with so I can help speed things up. Nothing.
Alex, you seem to be holding all of the info. How do I get you to share? How and when do you plan to make these damaged buildings safe?
12/2/24 Alex email to Brent and Abril
Hello Brent,
I appreciate your patience. I intend to get the tender letter to the subcontractor out this week. I will provide you with a copy once sent.
I also intend to speak with the adjuster who inspected this week for further information on 339 Tramway. I will follow back up once I have spoken with him.
All the best,
12/2/24 Brent email to Alex and Abril
Alex,
I need an email from you acknowledging you are aware the building, walkways/decks and stairs are not safe. Your adjuster refused to walk on the walkways/decks and stairs because of the damage and danger. If you need any additional pictures or information please let me know.
Abril,
I need an email from all Tahoe Village Board Members acknowledging they are aware the building, decks and stairs are not safe.
I am asking for the damage to be repaired ASAP. Who is going to shovel the snow (extra weight) from the walkways/decks while we wait for repairs?
12/3/24 Brent email to Alex
Alex,
I am following up the voicemail I just left you making sure you are aware the building the HOA damaged is not safe and needs to be repaired immediately. Please provide the adjusters notes/findings so I can review to make sure the situation has been defined in detail. And let me know if you need any additional pictures or information that might help you fully understand the situation.
12/5/24 Alex email to Brent and Abril
Hello Brent,
I just received some additional information from Abril and will give you a call tomorrow to discuss.
12/5/24 Abril email to Brent
I've forwarded your message to the Board of Directors.
I'll let you know if they have any questions
12/6/24 Alex email to Brent and Abril
Thank you for speaking with me. Per our conversation, here is the repair estimate prepared by the adjuster.
Please let me know once you have repaired. Click for report
12/6/24 Alex email notifying insurance agent for F & B Inc of claim and damage they caused. Email to Brent, Abril and Tiffany (Insurance for F&B Inc)
Dear Tiffany Robinson,
Please find the attached tender materials regarding your insured F&B, Inc.
Please let me know if you need any additional information.
12/8/24 Brent email to Alex and Abril
Alex,
As I explained on the phone, your suggested $24k is not even a start to get any of the damage fixed. And as we discussed, this amount will not cover the deck/stairs/walkway and it does not address the damage to the pole/stilt foundation and building or the interior damage. And it does not include the loss of rents along with repayment for utilities.
Where is the line item on your list for engineering fees and permit fees? I am not seeing/understanding how the contractor is getting paid in your numbers.
I reached out to the adjuster by email today to see if we can get additional info.
I think your email below is suggesting I move forward with repairs and then contact you after??? And it would seem you are suggesting I use my time and my money to start and complete these repairs? I dont have time and I dont have money. I did not create this situation.
Who do you want to hire as the project manager to start and oversee this project? And please provide your immediate plan for shoring up the dangerous situation until everything can be fully addressed.
I was very clear with you on the phone about how frustrated I am with everything so far. Why are you forcing me to bring in an attorney?
12/11/24 Alex email to Brent and Abril
It will ultimately be your responsibility to decide whom to hire for repairs. At this time, we are attempting to ascertain the damages to the properties.
As you have advised that you feel the $24k is greatly out-of-scope, please provide any information that you have to support your damages estimate.
Please keep in mind that we still believe that there is evidence that snow removal vendor F&B may bear some liability for the damages at 331 Quaking Aspen (and potentially both properties). As such, we are not in a position to make any formal settlement offers for either property at this time.
Further, since it appears we are not near any agreement for damages, I am going to arrange for an engineer to inspect your properties. In part, it is important for us to determine what damages may be the result of the HOA’s actions, F&B’s actions, and/or natural conditions of the property.
Our engineer, once retained, will be in contact to arrange inspections.
In the meantime, please provide any documents, reports, or other information to support your position.
12/11/24 Alex email to Brent and Abril
And I do apologize. My email December 6 was meant to say “Please let me know once you have reviewed”. Sorry for any confusion.
12/12/24 Brent email to Alex and Abril
It was my understanding the adjuster was coming out to determine the damage and costs. At no point was it explained to me I needed to get bids. I now understand you want to bring out an engineer. How come we did not bring the engineer from the beginning?
I had some questions about the adjuster's work. Correct me if I am wrong, but there does not seem to be an explanation from you or the adjuster for what exactly is getting replaced/repaired for the proposed cost of $24k. I emailed you and the adjuster saying I did not see line item numbers for engineering, permits or any profit for the contractor. No response.
I get you may have another person to blame in this. I am not sure why I am waiting for you to point blame. I will reach out to F & B to see what they need from me to help speed this up.
12/17/24 Brent email to Alex and Abril
So far you have not provided any details outlining exactly what you are offering to repair/replace. This info should be clearly defined. The details were not provided, so I then asked for this info in multiple emails (see below). In addition, I reached out directly to the adjuster for this info on 12.8.24. Nothing back so far from either one of you outlining the details. The meeting to look at the damage with the adjuster was back in October.
I am requesting specific details for what you are offering to repair/replace with the proposed $24k payment.
From email sent to you on 12.12.24
I had some questions about the adjuster's work. Correct me if I am wrong, but there does not seem to be an explanation from you or the adjuster for what exactly is getting replaced/repaired for the proposed cost of $24k. I emailed you and the adjuster saying I did not see line item numbers for engineering, permits or any profit for the contractor. No response.
From email sent to you on 12.8.24
Where is the line item on your list for engineering fees and permit fees? I am not seeing/understanding how the contractor is getting paid in your numbers.
I reached out to the adjuster by email today to see if we can get additional info.
12/17/24 Alex email to Brent and Abril
I’m sorry to hear that you haven’t heard back from the adjuster regarding your questions. I’ll ask him to give you a call to discuss.
12/17/24 Brent email to Alex and Abril
I would assume you could also provide the detailed info I am requesting??? Or are you suggesting your company was ready to write me a check for $24k with very limited info from the adjuster? Does not seem to make sense. It seems you are delaying things as much as possible. So everybody is on the same page we started this claim back in September. I have been available for all of your scheduled meetings and I have responded to all emails within 24 hours. For the record, I am available to meet your engineer most all times of the day and all days of the week with 24hrs notice.
How come I have not received any information about the repairs needed at the 339 Tramway building? We also started this claim in September.
12/17/25 Alex email to Brent and Abril
I did not inspect the property nor did I write the estimate, so it would be appropriate for the adjuster with the technical knowledge to address your questions.
We have not offered to pay the entire $24,000 – or any fixed amount – at this time. As discussed previously, we have tendered this matter to F&B, Inc., as we believe that the evidence indicates that they bear some liability. Further, since your claim has now expanded past the simple damage to the porch due to the snowplow incident (and you claim that the damages are far in excess of $24,000, although you have not provided any figures), we have further investigation to undertake, which includes having an engineer inspect and provide an opinion.
We’ll have the engineer inspect 339 Tramway, as well. We are in the process of retaining an available and appropriate engineer.
1/8/25 Brent email to Alex and Abril
Alex,
Where are you at with resolving the damage to the 339 Tramway and 331 Quaking Aspen buildings? I think your next step in dragging this out was to send out an engineer. As I said in earlier emails I am available most days and times to meet with your engineer.
We started this claim in September.
1/9/25 Alex email to Brent and Abril
I just spoke with our local counsel, and he advised that he has been in contact with an engineer. Ideally, they will be ready to inspect the properties next week. They will be in contact with Abril to discuss and arrange the inspection.
Again, if you have contractors, engineers or other representatives, they will be welcome to participate in the inspection.
1/17/25 Brent email to Alex and Abril
When are we meeting with the engineer?
1/17/25 Alex email to Brent and Abril
I have sent a status request to local counsel. We will keep you apprised.
1/20/25 Abril email to Brent and Alex
The Counselor retained by the insurance reached out to me today with a tentative date and time for the engineering inspection, Wednesday January 22nd at 9am.
I'll confirm with you once I hear back from him. Meanwhile please have that date and time in consideration in your calendar and let me know if it works for you.
1/20/25 Brent email to Abril and Alex
Yes that will work
1/22/25 Meeting with QBE's attorney and engineer, Abril, Mike P, Brent to walk both sites.
2/20/25 Brent email and pic to Abril
Here are pics of the snow dump area being used again You can see the large ice boulders going down hill toward the building at 331 quaking Aspen.
2/20/25 Abril email to Brent
Was the snow pushed against your building?
2/20/25 Brent email to Abril
I thought it was clear the snow that is piled and pushed down the hill at that location is causing damage to the building. And I thought the plan was to stop pushing snow over the hill and on top of the 331 Quaking Aspen.
2/21/25 Abril email to Brent
After their inspection, the engineers from Lumos recommended that Tahoe Village have a swale created to prevent erosion. The HOA added the swale last summer. Tahoe Village has not received any direction- from insurance or engineers- saying we should stop pushing snow. Since the remedy was implemented, the snow can be there as long as it not pushed against your building.
I have attached the Lumos report for your review.
Additionally, insurance counsel would like to schedule a second inspection sometime in the next two weeks and would like to know if you would like to participate.
2/21/25 Brent email to Abril
Have you pushed snow down the hill with every snow storm? I have not seen the drawing and scope for the swale from the engineer. Please send the exact plan the engineer recommended. Along with pictures of before and after the swale was put in.
I thought I already met at the property with the counsel representing the insurance company.
2/21/25 Abril email to Brent
The HOA did not, it was done last storm for the first time after the swale was installed.
We all did meet; however, he is coming up again and wanted to see if you want to be present or not.
2/21/25 Brent email to Abril
Yes, I will meet him. In the meantime, please send the engineer's scope of the recommended swale with before and after pictures.
2/21/25 Abril email to Brent
Perfect! I'll let him know.
I don't know if there are pictures from before and after. I'll ask Lumos and get back to you.
3/10/25 Brent email to Alex and Abril
I am checking in on the status of the claim. We started this claim in September 2024. Please explain why this is taking so long.
3/20/25 Brent email to Abril
It would seem TVHOA is using the insurance company to stall out these claims. We started the claims for the 339 and 331 buildings in September 2024 and so far nothing has been fixed. No options to shore things up have been offered. All damaged areas are no longer level and create dangerous walking conditions. In addition, TVHOA created damage to the railings and now they are not safe. And TVHOA continues to shove snow and 3' ice boulders down the hill and into the 331 structure. I will email pictures.
3/20/25 Abril email to Brent
I've forwarded your communication and pictures to the Board, insurance adjuster and Insurance counselor.
3/20/25 Brent email to Abril
Pictures showing ice builders up against deck and building support posts
3/25/25 Deborah call to Brent
Sched appointment to visit site
4/7/25 Deborah email to Brent and J Peak
This email is a follow-up to our conversation on March 25th. The inspection date and time has now been confirmed and will take place tomorrow, April 8th at 9:00 a.m. as previously discussed.
4/7/25 Brent email to Deborah and J Peak
On 3/25/25, I requested a call to better understand exactly what your team is planning. During the call, I was informed that you would like to inspect the footings.
Who will be conducting the footing inspection? What exactly will the inspection involve? How long is the inspection expected to take?
Is an inspection required for the damage at both properties—331 Quaking Aspen and 339 Tramway Dr?
How can we ensure that everything needed is accomplished tomorrow so this doesn't continue to drag on? This claim was initiated back in September 2025.
4/7/25 Jason P email to Brent
I appreciate your patience as we try and complete the inspection of the properties. To confirm, we will only be looking at the 331 Quaking Aspen property tomorrow morning. The purpose is to look at the foundation of that home that was unavailable during our last visit. Unfortunately, the weather has not cooperated as much as we would like so we have had to inspect the portions of the home in a selective manner. Our hope is that after tomorrow we will have everything we need to assess the issues presented in the claim and move forward. I do not anticipate any further inspections will be needed at this time.
Let me know if you have any questions. Otherwise, I will see you tomorrow and we can discuss anything you would like.
4/8/25 Meeting to walk both sites with QBE attorney and 2 engineers, Abril, Mike P and Brent. Engineers inspected the footings and interior damage of Unit A and Unit B
5/7/25 Brent email to Abril
There has been no communication from TVHOA, Alex (insurance company) regarding the damage caused by the HOA to my two buildings. These claims were initiated in September 2024, and nothing has been done to address the issues. No action has been taken to stabilize the structure and stairs at 331 Quaking Aspen. Likewise, the simple repair of the stairs and railing at 339 Tramway has not been addressed. Furthermore, no one has contacted me to provide updates or keep me informed at any time since we started this 8 months ago.
I am requesting an immediate phone call from the TVHOA Board President.
5/7/25 Abril email to Brent
I've forwarded your communication to Hellen BOD President, Jason Peak and Alex Earl
5/12/25 Brent email to Abril
Nothing
5/12/25 Abril email to Brent
I've forwarded your communication to Board President, insurance adjuster and counselor.
It was my understanding that you were going to received a call back last week.
5/20/25 Brent email to Abril
Still nothing.
5/20/25 Abril email to Brent
I've forwarded your email to the adjuster, attorney and BOD President
5/20/25 Brent email to Abril
I understand. I am being told I need to continue to send my request.
5/20/25 Abril email to Brent
I understand.
5/27/25 Brent email to Abril
My notes suggest the HOA made repairs to the stairs/railings/support posts/support beams at 331 Quaking Aspen at least 3 times over the last 20 years as a result of the snow storage damage. Will you check with Mike and let me know if this sounds correct?
What year did the HOA install the rock retaining wall in the snow storage area to the south of the 331 Quaking Aspen building?
5/27/25 Abril email to Brent
I received your email.
Mike is not onsite today; he will be back tomorrow morning. I'll get back to you tomorrow before the end of the day.
5/27/25 Brent email to Jason
I would like a list of all individuals who have visited the property on behalf of the HOA or the HOA’s insurance company in connection with my damage claims at 331 Quaking Aspen and/or 339 Tramway.
5/30/25 Jason P call to Brent
Jason called and said having trouble getting quotes. I said problem is I am out of loop. 339 building issues are easy and should have been taken care of a long time ago. I also brought up my only option is to sue the HOA. But I am told this could create issue for people who are buying/selling units in Tahoe Village. This is not what I want to do, but i am frustrated I am doing all of the reaching out and not getting any answers. Jason said his focus is to get quotes over the next week and he will work at being in better contact with me. I also said I cant rent the units and I still have to pay utilities so that is creating an impact
5/28/25 Abril email to Brent
Mike confirmed that the Association has done repair on the building at 331 Quaking Aspen three times, all the repairs were done before 2014.
The wall you are asking for was installed over 15 years ago according to Mike’s recollection.
5/30/25 Brent email to Abril
Zero acknowledgement to my email request from Jason. Will you please have the TVHOA Board respond to my request?
5/30/25 Brent email to Alex and Abril
I am looking for the status of the damage claims submitted Sept 2024.
5/30/25 Abril email to Brent
Thank you for your email. I am out of the office until Monday June 2nd., 2025. Your message is very important to me, and I will respond upon my return. If you need assistance during my absence, please contact the Care Center at 775.624.8805. Thank you.
5/30/25 Abril email to Brent
I've forwarded you communication to insurance attorney, adjuster and Board President.
8/8/25 Brent email to Abril
I have made multiple requests for the TVHOA Board President to contact me with an update on the plan to repair the damage to the 331 building (including its decks and stairs) and the damage to the 339 Tramway deck and stairs. Despite these repeated requests, no one from the TVHOA Board has made any attempt to contact me.
These claims were filed 11 months ago, and the damage caused and left unaddressed by the HOA has been ongoing for years. The continued lack of communication and inaction is unacceptable. I expect a written update on the repair plan and timeline immediately
8/8/25 Abril email to Brent
I have forwarded your request.
9/12/25 Brent email to Abril
It has now been one year since I reported the damage to my buildings caused by TVHOA, and no action has been taken to date. I have not been contacted with any plan for repairs. I have made it clear multiple times that my units are not safe to rent until these repairs are completed. As a result, I am incurring ongoing losses from both rent and utility expenses.
Please have the TVHOA Board contact me directly to explain the course of action they intend to take.
9/12/25 Abril email to Brent
I've forwarded your communication to the insurance attorney, adjuster and Board President of Tahoe Village.
9/12/25 Brent email to Abril
Please provide the name and date of when someone from the TVHOA Board followed up with the insurance company since it was referred a year ago.
Also, who can outline exactly how and when my units will be repaired so they can be rented again? Who is responsible for providing this information?
9/12/25 Abril email to Brent and Jason Peak and Jason Roewer
All the information should be provided by the HOA insurance company to you; they are the ones that have been handling the claim since last year. The insurance attorney and adjuster directed us to forward them all inquiries from you to them to be addressed.
9/12/25 Brent email to Abril
I have sent monthly emails to the Board requesting help and updates, each one noting that I have received no communication and asking for a response.
Is it fair for me to say- nobody from the Tahoe Village HOA Board has reached out to provide updates or help facilitate progress on my claims in the 12 month period?
Is it fair for me to say- despite my repeated requests for assistance and updates, the Board has chosen not to take any action?
It has now been 12 months with zero communication initiated by the insurance company, the attorney, or the Tahoe Village HOA Board.
9/12/25 Jason Roewer email to Brent, Jason Peak, Abril
I have assumed the handling of these claims so you may reach out to me going forward. As an update, we are finishing up the investigation and are working to get bid(s) from a contractor or confirm the existing bid(s) for the work that may need to be performed. Our counsel, Mr. Jason Peak, is currently out of the office. I plan to meet with him when he returns to discuss. Updates will continue to be provided to all involved parties.
9/12/25 Brent email to Jason Roewer, Jason Peak and Abril
Thank you for the response. I understand the investigation is not complete. What day do you expect the investigation to be complete? I need to add this to the dates I am tracking. On what day will you be able to provide the results of the investigation so we can review?
9/12/25 Jason R email to Brent, Abril, Jason P, Deborah
Hi Brent,
I am meeting with Mr. Peak on 9/24 to discuss what we need to move things forward for you and will be in touch with an update at that time.
9/25/25 Jason P email to Brent, Abril, Jason R and Deborah
Mr. Knittel,
I wanted to give you a quick update on the processing of this claim. As you know, we had two separate engineers take a look at the issues with your respective properties and we are now in the process of getting an updated cost estimate from a contractor to make certain repairs. I was told that cost estimate would be provided by the end of next week. At that point, Mr. Roewer and I will discuss the matter and respond. You should hear from one of us very shortly after we receive the updated cost estimate.
Thanks, and let me know if you have any questions.
9/25/25 Brent email to Jason P, Abril, Jason R and Deborah
Jason,
Thank you for the email. What exactly did the engineers list as areas of concern to be addressed by the contractor?
9/30/25 Brent email (second request) to Jason P, Abril
Jason,
Second request- see below.
Thank you,
brent
Brent Knittel
Cell: 775-450-6653
brent@launchlaketahoe.com
Launch Lake Tahoe, Inc
Real Estate Sales, Rentals & Investments
www.launchlaketahoe.com
----------------------- Forwarded Message -----------------------
From: "Brent Knittel" <brent@launchlaketahoe.com>
To: Jason Peak <jpeak@laxaltlaw.com>, Abril <abril.vivanco@fsresidential.com>
Cc:
Date: Tue, 27 May 2025 10:11:15 -0700
Subject: re[4]: Inspection of Property
Jason,
I would like a list of all individuals who have visited the property on behalf of the HOA or the HOA’s insurance company in connection with my damage claims at 331 Quaking Aspen and/or 339 Tramway.
Thank you,
brent
10/6/25 Brent email (third request) to Jason P, Abril
Jason,
Third request- see below. In addition to this email I left a voicemail for you this morning.
Thank you,
brent
Brent Knittel
Cell: 775-450-6653
brent@launchlaketahoe.com
Launch Lake Tahoe, Inc
Real Estate Sales, Rentals & Investments
www.launchlaketahoe.com
----------------------- Forwarded Message -----------------------
From: "Brent Knittel" <brent@launchlaketahoe.com>
To: Jason Peak <jpeak@laxaltlaw.com>
Cc: Abril <abril.vivanco@fsresidential.com>
Date: Tue, 30 Sep 2025 07:06:31 -0700
Subject: FWD: re[4]: Inspection of Property
Jason,
Second request- see below.
Thank you,
brent
Brent Knittel
Cell: 775-450-6653
brent@launchlaketahoe.com
Launch Lake Tahoe, Inc
Real Estate Sales, Rentals & Investments
www.launchlaketahoe.com
----------------------- Forwarded Message -----------------------
From: "Brent Knittel" <brent@launchlaketahoe.com>
To: Jason Peak <jpeak@laxaltlaw.com>, Abril <abril.vivanco@fsresidential.com>
Cc:
Date: Tue, 27 May 2025 10:11:15 -0700
Subject: re[4]: Inspection of Property
Jason,
I would like a list of all individuals who have visited the property on behalf of the HOA or the HOA’s insurance company in connection with my damage claims at 331 Quaking Aspen and/or 339 Tramway.
Thank you,
brent
10/6/25 Jason R email to Brent, Abril and Jason P
Good morning, Brent,
Mr. Peak provided an update via email on 9/25/25. We are working on getting the repair estimates and will reach out again at that time.
10/6/25 Brent email to Jason R, Abril and Jason P
Jason R,
I spoke with Jason P by phone on May 30, 2025, and he mentioned he was working on getting repair estimates at that time. Are the repair estimates you’re referring to now new, or are they the same ones he began over four months ago? We’re now 13 months in with zero communication outlining a plan or expectations. What is the exact, detailed scope of the repairs being pursued? If estimates are currently being requested from contractors, it would imply that the engineers and insurance company have already created a defined scope of work for them to use. How can I obtain that list or document so my team can review it?
10/6/25 Jason R email to Brent, Abril and Jason P
I was just added to these claims, so I can’t speak to the prior conversations. As you know, we had two separate engineers take a look at the issues with your respective properties and we are now in the process of getting an updated cost estimate from a contractor to make certain repairs.
10/6/25 Brent email to Jason R, Abril and Jason P
Jason R,
Oh, I thought your company (QBE) would share all of the prior information in the file with you when you took over the claims.
Here is some of the info-
QBE field adjuster visited the sites on 10/17/24.
QBE first engineer visited the sites on 1.22.25
QBE second engineer (along with first engineer) visited the sites on 4.8.25.
Please share the list of "certain repairs" you mentioned in your last email so my team can review.
10/15/25 Brent email to Jason R, Abril and Jason P
Jason
Second Request pertaining to this specific email trail on 10/6/25- I have requested this information multiple times leading up to our emails on 10/6/25 (See my questions/requests pulled from emails below)
Please share the list of "certain repairs" you mentioned in your last email so my team can review.
Are the repair estimates you’re referring to now new, or are they the same ones he (Jason Peak) began over four months ago?
What is the exact, detailed scope of the repairs being pursued? If estimates are currently being requested from contractors, it would imply that the engineers and insurance company have already created a defined scope of work for them to use. How can I obtain that list or document so my team can review it?
Abril, please forward this email to the Tahoe Village HOA Board so they are made aware of the difficulty I am having resolving these claims.
10/17/25 Jason P email to Brent, Deborah and Abril
Mr. Knittel,
Attached please find correspondence regarding your claims, which includes the prior report and estimate from Frontier Adjusters. Also attached you will find the update repair estimate for both properties. Your questions in the email below should be answered in this letter and all attachments; but if not, please feel free to call me to discuss.
Thanks, and have a great weekend.
10/18/25 Brent email to Jason P, Deborah and Abril
Jason,
I received your correspondence.
Based on the information I have at this time, I do not agree to your proposed Mediation Protected Communication statement/plan. Please prepare a new letter for my records and omit this statement.
In your letter, you attached the original information from Frontier Adjusters along with two quotes from Evan Freeman. However, I do not see the reports from the two engineers. You summarized in your own words “Those gentlemen (referring to Mr. Sommers and Mr. Cooper) ultimately concluded that the problems to the interior of the 331 Quaking Aspen property were primarily related to poor original design/construction, poor repair work completed to multiple areas of the structure, lack of maintenance, and excessive snow loads on top of the building which caused major damage to the foundation and interior of the building.” And then you went on to say that none of the building issues are a result of Tahoe Village HOA or any of the other snow removal contractors doing snow removal on Quaking Aspen or Tramway Drive.
I respectfully request a copy of the engineer’s report(s) so that I can assess the claim and participate with any settlement discussions.
Based on the quotes and adjuster's findings that were included with your letter it would seem you are recognizing there is damage. What is the exact damage you are suggesting was caused by Tahoe Village HOA and or contractors working for TVHOA?
In the Freeman quote it clearly states- NOTE: No engineering has been performed and any repairs are therefore not guaranteed for strength, wind resistance, snow load, code compliance, etc. This assessment does not constitute a guarantee that what would be repaired would be safe or strong enough. This estimate is for informational purposes only and does not constitute an agreement to actually perform any construction work.
Jason please explain Mr Freeman's clause (see above) to me with the proposal/quote you secured. I shared last August I felt the adjuster's proposed number of $24k to make repairs at 331 Quaking Aspen was low. And then on 10/3/25 you found Freeman and his quote came in at $6k. Any chance he is much lower at $6k for the suggested repairs because he is not guaranteeing he will follow codes and he is taking no responsibility for any of his work. I am suggesting we use somebody who will be code compliant and can verify their work will be "safe" and "strong" after the work is completed.
It seems we all agree there is significant damage to the foundation and interior of the building. The engineering report(s) should help me understand your reasoning for suggesting your client is not responsible for any of this significant damage.
I look forward to the information I requested above (see green areas).
Abril, please continue to share all correspondence with each individual member of the TVHOA Board.
Thank you,
brent
10/23/25 Brent email to Jason P, Deborah, Abril
Jason,
So far, I have not received a response to the email I sent on 10/18/25. Below is my email, being sent for the second time.
Your email was received at 5:06 PM on Friday, 10/17/25.
My reply, which included a request for additional information, was sent at 6:48 AM on Saturday, 10/18/25.
Abril, please share this message with each individual TVHOA Board Member and have one of them confirm that Jason has received both of my last two emails. As with all prior correspondence, I will continue to ask each TVHOA Board Member for any assistance they can provide in helping to resolve this issue.
Thank you,
brent
10/27/25 Email from Jason P to Brent, Deborah and Abril
Brent,
The correspondence sent to you was for resolution purposes. Under Nevada law, any settlement discussions are not admissible in court for various reasons. The letter was sent to you to outline the status of the investigation and inform you of the position taken by my client in this claim. Given the letter was sent in an effort to resolve the claim, it is protected from use in any potential proceeding that may follow. Thus, the representation that it is being sent as a confidential settlement communication will remain. That does not, however, preclude you from sharing it with your attorney if that is your concern. If I am mistaken in the reasoning behind your request that this be removed, please let me know.
The consulting engineers did not prepare formal reports. Rather, they conducted their investigation and provided their findings informally to my office. Given that no such report has been prepared, nothing will follow. Consistent with previous correspondence, the consulting engineers opined that many of the foundation issues with the structure at 331 Quaking Aspen were not related to any snow removal efforts. For example, the foundation shows significant compromise from downward forces but nothing showing lateral loads. As you know, Tahoe Village is not responsible for removing snow from the top of the building, nor did it pile snow atop any structure. There is evidence that snow removal may have caused some issues with the areas identified in the repair estimates from Mr. Freeman, but nothing was seen by the consultants indicating that lateral loads from snow removal caused the foundation or the structure to shift laterally.
As for damage that may have resulted in the snow removal efforts by one or more of the snow removal contractors, those areas of damage are laid out in the cost estimates that were attached to the previous correspondence. To wit, the areas listed in the repairs were areas where damage may have resulted from snow removal. If you are trying to understand whether or not many of the structural issues are related to snow removal, the investigation performed by the retained consultants found that many of the problems with the building structure itself were related to design, construction, repairs and lack of maintenance. If there is a specific area that you are focused upon, please let me know and I will try to either answer your question or contact the consultants to better respond.
Mr. Freeman’s quote is provided to repair the areas indicated in his attachment. I can follow up with him regarding any additional work that may be needed to support a proposal by him to actually complete the work outlined. This is just an estimate based upon his inspection, which as you know can sometimes differ slightly from an actual proposal. I am happy to ask him to prepare a proposal for you to sign which would formally engage him to complete the work. Let me know if that is how you wish to proceed. His estimate is lower than the previous Frontier Adjusters estimate because of the amount of work, material and labor he thought would be needed. The Frontier estimate included many other items that Mr. Freeman felt were not necessary. You can compare the two estimates to see the differences.
Please let me know if you have any other questions or concerns.
Thank you.
Jason Peak
Attorney