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

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.

Booker said his clients are willing to work with the city and others to get the work done but noted a concern about a release that, as written, could leave a property owner exposed if an SMBD subcontractor damaged a house while performing repairs. He said he is working with an SMBD representative on an acceptable release and agreement so his clients will be comfortable proceeding.