Should I pinpoint to a HOA manager for discrimination?

A HOA manager always pays special attention to my rental house,and sent out many citations, some of them are wrong. I don't know the reasons behind this.

Can I point this out to the Board of Directors?
I just got a opportunity to appeal next week, below are a few paragraphs of my appearing letter, do you think I can win the case?

Any suggestion? Thanks.
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The tenants have lived in this house since July, 2010. Between July 2010 until March 2011, there are “0” fine imposed by HOA during these eight months.

However, things are getting worse after I mentioned to HOA manager that a picture on April 1. violation letter was wrong, because that picture didn’t belong to my house. Since that day, the more I called the manager to get clarification or explain the situation, the more violations are coming. There are 9 violations during the last 4 months, Since April 21, we have received $450 fines from HOA, that is outrage!!! Please take a look at the pictures I took, it is beautiful on the front yard, We need to understand why we received so many violations with such high fine.

We would like to know why suddenly there is a big jump of the violations and fine after I mentioned a picture was wrong. And if a picture was wrong, how can we believe that other violations without picture are correct?

The same tenants received “0” fine in the first 8 months, but they are fined for $450 in the last 4 months when the situation in front yard is actually getting better. What was the change then? Only the HOA manager has been changed, and I mentioned to Meredith that a picture was wrong. ......

Now let's review all violations case by case...

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As a summary, there is only one notice with picture that is correct, but the tenants were in the middle of moving stuff to the container! All other violations are either with wrong pictures(the weeds), missing pictures, or picture with wrong explanation(the debris in front porch)!

Given above situation & behavior pattern, it seems that my house is under special focus and attention. I know that HOA and the manager have the power, but can she treat all houses in an equal and fair manner?

Another thing I need to mention is, I have been requesting a second review with the board of director, because I didn’t prepare much in my first hearing. The assistant is Ok with that. But the manager said no more review, and said she had talked to all directors, and majority said they have heard what I wanted to say, so no more review. I can’t comment if the manager had really talked to all of you about my intention of a 2nd review? Until I registered into HOA website, and found out all BOD’s names, then the manager changed her tone, saying that BOD can hear my voice one more time.

When I asked for emails or phone numbers of BOD, the manager also said all communications with BOD should be through her because she is hired by BOD, is that true?

Landlord,

Not knowing what the violations were, it's difficult to address any of them. Therefore, let me provide you with some general advice.

At a hearing, it is your opportunity to review all the evidence against you and plead your case. Ideally you should request a copy of all evidence (via certified letter) prior to the hearing so you can properly prepare.

You should respond to all violation letters quickly. Keep things factual and unemotional. If the issue is a violation but there were mitigating circumstances, mention that in the reply. I would even suggest that you take your own photos to include in any response (and to have as evidence in any hearing).

As example: The renters were in the process of moving when the person noticed the issue. The moving process was complete at the end of the day and everything was returned to normal and complies with our governing documents. Inclosed are pictures taken on mm/dd/yyyy to demonstrate this fact.

You have the right to communicate with all board members in the manner that the board specifies. This may be through the management company but might not be. You might want to ask for e-mail addresses or phone numbers at the hearing.

As a side note - any violations are against you the owner. The renter may have caused the issue but you are responsible to see that they comply with the rules of the Association. You may want to provide a copy of those rules with every rental contract you have.

You might also want to ask your renters if there has been any issues with the management company or neighbors. If the issues are with the neighbors, go knock on the doors of the neighbors and apologize for the renters behavior (even if you think they were in the right). Explain that you want to be a good neighbor even though you don't reside there and ask that they call you directly with any concerns - then give them contact information. This may minimize the issues with the Association and will probably make your neighbors happy.

Hope this helps,

Tim