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STANDBY

Homeowner Response #3

Author: Stephen Hill

Aug 26, 2024

The Edgewood HOA, Citrus Heights.

2nd Response

Archive Artifact Summary

September 26, 2024

This document preserves a third written response dated September 26, 2024 from Stephen Hill, an Edgewood homeowner, concerning cease-and-desist communications issued by Grime Law LLP on behalf of the Edgewood Homeowners Association during the 2024 governance and recall dispute.

In the letter, Stephen Hill states that neither the HOA nor its legal counsel responded to the questions raised in his two earlier responses regarding the legal basis, authorization, and scope of the Association’s demands relating to the Edgewood community website and resident advocacy activity. The response argues that the absence of follow-up communication undermined claims that the matter required urgent action and characterizes the HOA’s approach as unnecessarily adversarial between neighbors within the same community.

The document additionally discusses the continued operation of the community website following modification of the original domain name and describes feedback allegedly received from homeowners and residents who viewed the forum as a valuable outlet for community discussion, criticism, recommendations, and resident expression concerning HOA governance and neighborhood issues. The response references comments allegedly made by board members within the forum itself and argues that the underlying dispute centered less on the domain name than on criticism directed toward HOA leadership and management practices.

A substantial portion of the response focuses on trademark and First Amendment considerations relating to the Edgewoodhoa.org domain name. The letter states that legal research and outside consultation led the author to conclude that the domain name, when used alongside disclaimers and non-commercial public-interest content, did not violate trademark law or create a reasonable likelihood of confusion regarding affiliation with the Association. The document further states that the family was considering restoring the original Edgewoodhoa.org domain name following additional community feedback and invited comments from residents regarding whether doing so would improve communication within the neighborhood.

The response concludes by reiterating willingness to pursue amicable solutions while affirming the family’s intent to continue exercising First Amendment rights relating to HOA governance, resident advocacy, and public discussion. The archived correspondence is preserved as part of the historical record documenting escalating legal disputes, community organizing efforts, and free-speech issues arising during the broader 2024 Edgewood HOA controversy.

The document is preserved as part of the broader historical record surrounding the 2024-2026 Edgewood HOA governance dispute, including reserve funding controversies, recall petition activity, homeowner communications, and ongoing debates regarding transparency and community participation.

Stephen Hill
XXXX Spyglass Lane
Citrus Heights, CA 95610

September 26, 2024

Bradley J. Epstein
Grime Law LLP

Sacramento – Manteca – Fresno
Los Angeles

Dear Mr. Epstein,

You sent me two separate “Cease and Desist” letters, warning me to stop my son from creating a website for the Edgewood community. You sent the letters as the official representative of the Edgewood Homeowners Association Board of Directors. I responded to each letter, and in each I asked three simple questions to clarify the problem, but neither you nor anyone from the Association have chosen to reply. You demanded that my son stop immediately, that it was urgent… and then provided two deadlines. If it was so critical, why didn’t someone just call or write to me directly? We are neighbors, after all. However, the choice to send Cease and Desist letters with future deadline dates, and the lack of response to my letters to you, proves it was not such an urgent matter, after all.

Meanwhile, through the delays, the website has remained up and accessible for several months, albeit with a different address. Many members and residents found it and have told us of their appreciation for the opportunity—finally—to express themselves and share with others the common problems we all face. The users have offered advice, presented recommendations, and, yes, sometimes criticism. Free speech is like that.

Indeed, some Board members have gotten on the website to express their anger against my son and other “critics” for the “crusade”. In their anger they even acknowledged the issue wasn’t really the URL, but they wanted the “crusade” against their actions and inactions to stop. Interestingly, “crusade”, the very word you used in your Cease and Desist demands.

Because you are the official representation of the Association in this matter, you may tell your client that I/we are not intimidated by the threats in the demands. We did research and also sought other legal advice, which resulted in our understanding that the original domain name, with clear disclaimers and for several other legally defensible reasons, does not violate trademark law and would not be reasonably confused as belonging to the Edgewood Homeowners Association.

We have also received community feedback suggesting that moving the website to a different URL has made it more difficult for them, the residents of Edgewood, to locate it. We are therefore considering reopening the website as www.edgewoodhoa.org. My son owns this domain name and therefore has the legal rights to use it. However, before we decide whether to actually make the change, we are open to receiving comments and opinions to help determine if doing so is likely to encourage and improve member communication. We intend to make the decision on or after November 1, 2024.

I urge you to communicate this opportunity to your client. We are open to comments and suggestions, even from your client, but threats and posturing will be ignored. Responses need to be submitted in writing to the address below, or on the website itself, currently www.birdcageheights.com. Of course, the Association can always choose to hire you again to write to me, if they prefer to pay legal fees.

I have repeated in every response to you as the official representative of the Association—that it is our nature (mine and my son’s) to find amiable solutions to issues and solve problems. And even though you and the Association have made the conscious decision not to respond to my letters and questions, we have trusted that you have been conveying that message to your contact with the Association.

And I feel I cannot close without expressing once again our clear assertion that we peacefully, but vehemently, assert our First Amendment rights.

Thank you for your attention to these matters.

Please respond only by mail to:

Stephen Hill
2815 Watson Court
Montague, CA 96064

Very truly yours,

Stephen Hill
Teacher

Edgewood Home Owner Advocacy

Edgewoodhoa.org is an independent community-interest website created to share local news, events, and civic resources in the Birdcage Heights / Edgewood area of Citrus Heights, California. It operates solely for neighborhood news, transparency, and to foster open communication among residents. Edgewoodhoa.org is not affiliated with, sponsored by, endorsed by, operated by, or connected to any homeowners association, property manager, HOA board, or common-interest development.