Somehow we lost in arbitration

I posted this:

http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/99420/view/topic/Default.aspx

Last night my husband attended arbitration with the main HOA board members (they left off the HOA member whose children come over occasionally after school). The lawyer for the HOA was the arbitrator. That doesn't seem very fair to me. We provided them everything they asked for leading up to this, they said they wanted license plate info on our family members and we provided it. They responded back saying we are never allowed any guests in our home.

So last night in arbitration they said we owe $2k, even though arbitration was supposed to prevent going to court. They hired a private investigator to sit outside of our house and provide them with the same info I sent them in a letter, the license plate numbers of my family members. I even had my sister attend arbitration as they asked. They were so rude. The HOA president, who has 60 proxy votes and basically runs our HOA like a german dictator said we are forbidden from ever having guests in our home, excluding my sister that attended. I have to register 2 license plates with the HOA as guests and I cannot have anyone else in my house, ever. That means no play groups, no babysitters, no birthday parties. She made it very clear that guests in our home= fines.

My husband asked why the neighborhood kids can't come over, there is no increased traffic. They said because then the parents pick them up in their car and the car door noises are a nuisance. The car door noises of residents are apparently only a nuisance if it happens in front of my house.

I don't know what to do. I can't live my life trapped in my house, forbidden to have guests. We have home health care nurses and other people that have to come here for my special needs infant. I don't know what I can do at this point. We can't afford a $2k fine, we are teetering on the brink of losing our home currently because I am NOT employed. I don't know how an HOA can enforce rules that simply do not exist. How they can say I can never have guests in my own house. We put everything into this house, on my husband's VA loan. It means everything to him, I thought he was going to cry last night as we sat down and discussed foreclosure or short sale.

Please tell me what to do.

I know, the house means everything to my husband. He is taking this very hard and we are currently in the middle of waiting for a loan modification. We have wanted to make this work but today I am wondering what we are fighting for.

I wrote to a couple lawyers because I just don't understand how we can be forced into never having guests, we never signed up for this.

Pat,

It may be time to bite the bullet and hire an attorney. The BOD is being extremely unreasonable and, legally speaking, I doubt they can prevent you from ever having guests in your home.

The violation they found us guilty of was having a home business. The HOA defined a home business to my husband first as any profitable home based endeavor, when he pointed out that people like the HOA dictator do things from home (she is a transcriptionist or something like that) and we have a family of Psychiatrists that see patients in their home, and another family that runs a carpet cleaning business out of their home, complete with 4-5 large vans... she said that a home business is defined as creating foot traffic. We had already told them we don't accept payment, besides my nephew and my sister would help out with food and barter and watch my children when I went on long trips with my daughter.

So, we got to the point where we proved with license plates and info that really "foot traffic" consists of a couple kids on my son's bus that stop down here after school until their parents get home. So, it's not increasing traffic since these are people that live in the neighborhood, otherwise is my relatives that help with my kids and vice versa.

When he went to arbitration last night they said a home business was defined as being a nuisance, and the opening and closing of car doors (mind you, this is not a daily occurrence!!! My sister comes over 1-2x a week). Our HOA by-laws do not define home business at all.

Keep in mind, this all began when the guy across the street complained. He reported me to the township and to family child resources or whatever the place is that handles home daycare centers. Neither found the report credible at all. It's not like I have been sighted for having an illegal home daycare, it's not like I applied for licensing. I am just minding my own business.

The HOA originally set a court date to fine us $50 a day for violating the HOA rules on home businesses. They dropped the court case like 2 days before we went and asked for mediation so as not to incur expense, obviously we were willing because this is getting outrageous. However, I felt we had a strong case with statements from people who I know, including the HOA board member himself. In addition, we had gotten a letter stating two things: That we are never allowed guests in our home anymore and that the person who originally filed the complaint against us could sue us for slander because my husband mentioned at the HOA meeting that he knew that guy was the one that filed the complaint. He knew because the guy TOLD my husband to his face.

Apparently because word got out that this one guy, who is really close with the "dictator" is the person complaining, they hired a private investigator to be a neutral third party and examine the problem. This guy recorded the license plate numbers of my guests and it matched up with the license plate numbers we gave them months ago when they asked for them. In addition they had pictures of my HOA board friend's kids at my house, my sister and her son.

Then, the "arbitrator" was actually the HOA's lawyer, so they are saying we are responsible to pay investigation costs, and the arbitration cost, as well as the filing and cancellation fees of the lawsuit they brought against us and then dropped. The $2k is an either or, they say we can pay for the private investigator, the lawyer, arbitration fees, court costs, etc or they will pursue the $50/day fine again in court, which equates about $2k.

I spoke with my friend on the board and he was purposely excluded from all of this because they said he has a conflict of interests. Not once have they EVER asked him a question about what I do or why his children come to my house. They had pictures of his car and his wife's car and kept asking my husband questions about who they are, when they know damn well who they are- they live THREE DOORS DOWN and he's on the board!

So, my friend is trying to talk to them about how nothing can be passed without him voting. There is no provision that allows them to exclude him from this. Apparently he has recently received a bunch of non-compliance letters from the "dictator" for random things, like a burned out porch light and edging and things like that, they are coming down hard on him. Apparently, he went around a while ago with the HOA board president and tried to get them to take the proxies back from her, unsuccessfully.

There is nothing in my HOA bylaws that state that someone can be forbidden from having guests but they are threatening to take us back to court every time we do. I contacted some lawyers this morning but I am just dumbfounded by the situation we are in. She did not get anyone to sign a petition, but she is in a position to draw up any new rule and pass it all by herself.

Pat, if you are not guilty of running a business out of your home I would consult with an attorney. If they take you to court your attorney should request the HOA pay your attorney fees and court costs if you prevail. However, if you are running a business out of your home which is creating a nuisance which can been detected by sight, sound, or smell, then it seems to me that you need to stop.

Write a letter to every homeowner explaining the HOA is trying to fine you for having guests. Explain the situation. Next explain what the HOA did at their cost. Private investigator, lawyer, etc. Explain it came out of their dues. Ask them to replace this person at the HOA.

You have nothing to loose except some $0.44 cent stamps and your time. Much cheaper than a lawyer.

Media loves stories like this. +1 on contacting the media.

Steve,

That statement has absolutely nothing to do with my HOA! But, I do know of assn's who have had to threaten court action against a member)s) who was spreading falsehoods about the board.

dont give up keep the pressure on the HOA. Are there others in the community that have a business? If so make the board aware of that business to see if they pursue it in the same matter. If they do not then you have a hell of a lawsuit.

If I was a judge I wouldn't want this case ending up in my lap. What judge would rule against a daughter and family dropping off the kids each day to grandma. Seems as American as apple pie. This would make front page news.