Protect the Through The Woods Trail
Help us restore and preserve access for generations to come.
Help us restore and preserve access for generations to come.
A homeowner-installed fence has blocked this 40+ year community route. We’re taking focused legal action to restore safe access.
A Message to Our Neighbors
For more than 40 years, our community has cherished and enjoyed the beautiful and historic “Through The Woods Trail.” It is part of our neighborhood’s character, a resource that enhances our quality of life, and a feature that strengthens our property values.
Almost three years ago, this trail was blocked by a homeowner. Despite countless requests, our HOA board has declined to take action to defend our prescriptive easement rights.
To preserve our right of access and ensure that this trail and other trails remain open for generations to come, several homeowners—including ourselves—have retained legal counsel and pursued the matter in court.
Our attorneys advise that we should raise $200,000 to fully fund the case through trial. A few dedicated homeowners have already contributed over $150,000, which funded legal research prior to filing and the initial retainer to commence the case. Those contributions brought us to this critical stage. Now, to move forward effectively, success will require all of us who care about the trail to stand together.
Donations are collected securely via Stripe into the Protect Hope Ranch account, and 100% of funds are transferred to our attorney’s client trust account (IOLTA) for case expenses. Should the case settle sooner than expected as we all hope it will, any excess funds will be refunded on a prorata basis to contributors.
To reach our goal, we ask households to consider contributions in the $5,000–$10,000 range—but gifts of $1,000, $2,500, or any amount are deeply appreciated. Every contribution helps ensure the trail remains open.
This is about more than a pathway—it’s about preserving our community’s shared rights, traditions, and property values.
Mike and Jane Nicolais
Greg and Karen Brody
Jack and Elizabeth Bunce
Why We Filed A Lawsuit
On August 1, we filed a complaint against the homeowner who erected the fence, Nathan Carey, and the Hope Ranch Park Homes Association (HOA). While we worked hard for a nonlitigated solution, it became clear that would not be possible. We filed this Lawsuit for the following reasons:
Preserving rights: Carey and/or the HOA could argue that rights may be extinguished if the blockage persists for 5 years. Nearly 3 years have already passed without a promising resolution.
The HOA Board has a Duty to Protect the Common Areq: Our CC&Rs define the equestrian trails as Common Area (like beach/tennis). The Board may not abandon a Common Area
without a majority membership vote.: We included the HOA in the complaint because we believe the Board has breached its duty to protect the Ranch’s Common Area.
Read the filed complaint (PDF)
Below is a summary of the steps pursued to resolve the issue before and after filing:
Sept 1, 2023 — ADR Request: We filed for mediation. Carey agreed subject to extensive conditions that the HOA rejected as “onerous,” so mediation never occurred.
Oct 2023 – Apr 2024 — HOA Easement Talks: HOA management said they were negotiating easements with property owners along the trail. No easements were signed, though several owners indicated willingness.
Jan 2024 — Fence Permit Expired: We reminded HOA that Carey’s temporary fence permit had expired and asked them to act.
May 2024 — Expert Legal Analysis Presented: Greg Brody and Jane Nicolais met with the full Board to share an expert landuse opinion our group funded. Despite a March 2023 Board motion to hire outside landuse counsel, the Board did not do so, citing conflicts.
May 2024 — Notice to Remove Fence: HOA served Carey notice that his permit expired and wouldn’t be renewed, giving 30 days to remove the fence or face fines. The fence remained; no fines were issued.
June 2024 — Proposed Revocable License: In a Zoom call with HOA attorney Matt Ober, Jill Van Zeebroeck, and Board members, we were told the HOA was exploring a revocable license with Carey. We objected that this would violate the CC&Rs by giving up property interests without a membership vote.
Oct 2024 — Second ADR Filed: We filed ADR with the HOA and remaining property owners. Two owners and the HOA agreed; Carey later asked to join and we agreed.
Late 2024 – Early 2025 — Scheduling Delays: Despite offering dozens of dates, a common date for all parties couldn’t be found. We agreed to extend the deadline to get everyone to the table.
Apr 2025 — Mediation Held: The parties reached a verbal agreement on steps to reopen the trail.
May–Jun 2025 — No FollowThrough: Carey and the HOA failed to carry out the steps agreed to in mediation to reopen the trail
Jun 2025 — Retaliatory Resolution Proposed: The Board proposed redefining “in good standing” to exclude those who, for example, request ADR—effectively barring our group from committees for using a process the CC&Rs require. We believe this violates the DavisStirling Act. The Board tabled it but indicated intent to pass something similar.
Jul 2025 — Executive Session: The Board moved trail discussions to Executive Session, citing “pending litigation.”
Aug 1, 2025 — Complaint Filed: We filed suit against Nathan Carey and the HOA to preserve members’ rights and reopen the trail.
Goal: $200,000. Prior neighbor contributions of $150,000 funded research and the initial retainer. Every dollar now moves the case forward.
Give securely by ACH or credit card. Funds go to the Protect Hope Ranch account and are then transferred in full to our attorney’s client trust account (IOLTA).
Contribute via StripeMake checks payable to:
David L. Cousineau, Client Trust Account (IOLTA)
Mail to:
Cappello & Noël LLP
831 State Street
Santa Barbara, CA 93101
All contributions are used solely for case expenses. Excess funds, if any, will be refunded pro‑rata. Contributions are generally not tax‑deductible.
The map highlights the section currently blocked. Click the image to open full-size.
No. This is a community legal fund; contributions are generally not tax‑deductible.
Donations are processed through Stripe into the Protect Hope Ranch account, then transferred in full to the attorney’s client trust account (IOLTA).
Any excess funds will be refunded to contributors on a pro‑rata basis.
General questions? Reach us at info@protecthoperanch.org