complaint·February 26, 2025

Continued from LIC9099 Villa Marin is an unusual Continuing Care Retirement Community (CCRC) in that it is a condominium where every resident/owner owns a residential unit plus one 224th of the Independent Living common areas, and the Assisted Living and Skilled Nursing Facilities. The CCRC Provider is the Homeowners’ Association, which holds the Certificate of Authority to enter into continuing care agreements. The Villa Marin Care and Residence Agreement, document #2855803.3, specifies under Part I, subsection D: that “The Association will be responsible for maintaining and making all necessary repairs to the common areas, and will assist you in obtaining maintenance services for your Unit. You are responsible for maintaining your condominium, it’s fixtures and related areas.” The Agreement defines the common areas under Part II as “dining room, swimming pool and spa, gymnasium, gift shop, hair salon, gardens, library, and promenade deck for secure walking.” Part III, subsection C addresses Gardening and Maintenance and states that “the association will perform gardening, maintenance and landscape services for all common areas.” During the course of a site visit, the Department inspected the common areas and determined them to be adequately maintained. The Department also interviewed Resident 2 (R2) and Resident 3 (R3), both of whom advised they are satisfied with the way the Provider maintains the property. As the Provider, pursuant to the residency agreement, is not responsible for maintenance or landscaping of any individual resident’s condominium, the allegation is UNFOUNDED. A finding of unfounded means that the allegation is false, could not have happened, and/or is without a reasonable basis. No Deficiencies cited during visit. Exit interview conducted. Copy of report discussed and provided to Administrator and CEO. Signature on form confirms receipt of documents.