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PatsyO2 (California)
Posts: 14
Posted:
Can anyone explain this code:
"It shall be unlawful to coerce, intimate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person or encouraged any other person in the exercise or enjoyment of, any right granted or protected by Section 12955 or 12955.1"

I had two visitors come to visit me and they were former guards (one 15 years and the other 16 years with our Association). The manager, president and two new guards alleged that one of them was "burning rubber" in the front entrance. They even called the police but of course the police report found it "unfounded." Manager won't show me the surveillance camera tape because he said he can't remember the password and he installed all the surveillance cameras. Security guard company won't give me a copy of the incident report.

Can the code I stated some how apply to my problem?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Here is the full statute:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=12001-13000&file=12955-12956.2

Of which part you referenced is:

12955.7. It shall be unlawful to coerce, intimidate, threaten, or
interfere with any person in the exercise or enjoyment of, or on
account of that person having exercised or enjoyed, or on account of
that person having aided or encouraged any other person in the
exercise or enjoyment of, any right granted or protected by Section
12955 or 12955.1.

You actually need to review Sections 12955 and 12955.1 to get the full understanding as this pertains to in essence discrimination. Do not believe it would potentially apply.

Get a copy of the police report and which will state “unfounded”. This can be obtained through the police department. Keep for your records in case needed in the future.

The Davis-Stirling website is what you need to review regarding association issues:
http://www.davis-stirling.com/

I sense a frustration level here … is there more to the story or have there been other issues?

PatsyO2 (California)
Posts: 14
Posted:
Dear JanetB2
Thank you so for responding to my question! Code 12955.7 is from the Fair Housing Dept. or some other government code? I found it from the book "Condo Blue Book" for California.

I went to the police record's department with the case number but they wouldn't give any documentation of this incident. But when you give the case number to the agent he/she will tell you "insufficient evidence."

This is because the violation was on private property and the police had no jurisdiction regarding this penal code. The manager knew this and told me with my witness that he knew this but sent the police because I wouldn't open the door to talk to the "speeder." Like I said he wouldn't show us the surveillance camera video because he couldn't remember his password in his office and at the guard shack where he tried for 10 minutes to remember his password. This is the person who installed all our surveillance cameras at our complex (399 units).

In our By-Laws and Rules/Regulations states what procedure is necessary when a guest of a resident violates a rule. For first offense of this violation give a written warning if it qualifies as an infraction of the Rules/Regulations. Told this to the manager and he said he didn't have to follow this rule.

Checked Davis-Stirling.com and all I could find was Association has to enforce Rules/Regulations.

Thank you again!
SusanW1 (Michigan)
Posts: 5,202
Posted:
Little boys must play, huh?

I think you have stirred up the hornets nest enough for there not to be another incident.

I'd let it pass.

PS - Be sure that someone else knows the password - or it is written down somewhere. The secretary should have all those passwords, anyway.

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