harrassed by board president

Started by MaryA7 • 33 replies • 2892 views

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MaryA7 (California)
Posts: 6

Posted:

I own a condo in a condo complex and had put my old couch on the sidewalk for the city to pick up and haul it away. the board president has left a nasty message for me as to why i left the couch on the street. i called and said the sidewalk does not belong to the complex(complex does not own the side walk according to the cc&r), he kept saying "I know but why did you leave there" i need to know if i should contact a lawyer to send a letter or to call the property management to report? or what other ideas can you guys give me. this is becoming a pattern of him and i want to stop it right now before it becomes a nuisance.
tahnks

CarolF (Florida)
Posts: 435

Posted:

Just out of curiosity, Mary, how long before the scheduled garbage pick up did you put the couch out on the sidewalk? If it was days ahead of time instead of the night before, perhaps that might be the reason.

MaryA7 (California)
Posts: 6

Posted:

I did put the couch outside on Saturday but it is because i am single person and had to hire few people to move it. i also work during the week and get home pretty late.
but neverthless, it is not condo complex responsibility to worry about
sidewalks if they do not own it.
any advise

CarolR11 (Colorado)
Posts: 2,563

Posted:

Our HOA doesn't own our sidewalks either (the city does), but we're responsible for maintaining them, i.e., seeping them, mopping up spills, etc. Could your HOA be similar?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

And you could not state the reason to the President? It doesn't matter who owns the sidewalk...A couch doesn't belong there until the appropriate time for pickup. It was either the HOA president asking you a simple question or the city fining you for illegal dumping and possibly arresting you. I don't see the harrassment here at all. I see someone who put a couch out at the wrong time and left it there.

Former HOA President

LeeP2 (California)
Posts: 5

Posted:

Perhaps in the future if you need help with something heavy, you could approach the president and ask for assistance so that you don't have to put something out days ahead of trash pick up.

MaryA7 (California)
Posts: 6

Posted:

thanks for all your inputs.

I do not see our HOA seeping the sidewalks!

the City has not fined me or arrested me which means although city would prefer to have items put out the night before but will not arrest or fine individuals for putting items out few days early and calling them to schedule a pick up.

I am afraid if i ignore this incident then it might become a pattern for him to keep doing it right??? maybe not!!
should i write a letter to the board? should i contact property management and tell them my concerns?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

fu - get - 'bout - it

if this is your major concern .... you are very very lucky

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MelissaP1 on 05/22/2012 2:38 PM
And you could not state the reason to the President? It doesn't matter who owns the sidewalk...A couch doesn't belong there until the appropriate time for pickup. It was either the HOA president asking you a simple question or the city fining you for illegal dumping and possibly arresting you. I don't see the harrassment here at all. I see someone who put a couch out at the wrong time and left it there.

I agree.

PeterD3 (Florida)
Posts: 708

Posted:

"...A couch doesn't belong there until the appropriate time for pickup..."

I missed the part about it being an inappropriate time for put-out. More assumptions and hyperbole???

Less is more. Do nothing.

If you must do something then ask for the condo rules. Ask the city for the ordinance regarding curbside pick up. If you violated either then comply in future. GET THINGS IN WRITING!!!

Stop worrying about future this or that.

Usually it is an intimidation tactic and will just fade away. Besides how many more sofas are you going to place there?

JayP3 (Florida)
Posts: 154

Posted:

Pete... it was suggested it MAY be too early but not stated.

The CC&Rs typically will not have the info required to establish who owns the sidewalk but may contain the way in which they are to or not to be used. For that a survey or plat drawing would be more appropriate.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

It is very common for associations to have rules and regulations about trash placement and pickup even when they do not own the streets/sidewalks. In this case, to get hungup on who owns what is a red herring.

Our trash pickup is on Monday. Our rules and regulations say that the trash must not be placed out prior to 5PM on Sunday and the trash container must be removed from curbside by 9am on Tuesday. Granted we do not overly enforce it but have a couch sitting curbside for few days would not make me a happy camper. It makes the neighborhood look bad.

Mary. It appears you made a mistake. Accept responsibility. Apologize for it and all will quickly get over it.

GlenL (Ohio)
Posts: 5,491

Posted:

As Shakespeare wrote: Much Ado About Nothing

If this is your only contact a "nasty phone call" and what constitutes nasty? Did he call you names? Berate you? Or simply ask why you put it out early? As others have said: Learn from it and move on.

To write a letter, especially from a lawyer will simply escalate nothing into something.

Studies show that 5 out of 4 people have problems with fractions

JohnB26 (South Carolina)
Posts: 1,569

Posted:

It makes the neighborhood look bad.

imo: actually, it makes the neighborhood look as if it were inhabited by real people with commitments to their employers .... not a 'pristine' 55+ waiting room

ps. i am a member of a 55+ 'morgue'

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I question knowing the difference between being a Board President and being a tax paying citizen? There is a difference. Why make this an HOA issue when it's the city issue? Harassment isn't something you call a lawyer for, you call the police. I believe anyone has a right to question why there is a glaring violation of the law without it being considered "harrassment". Clearly this was against the law and would be thrown out of court.

Again suing your HOA is suing yourself and your neighbors. Just words of advise for future reference...

Former HOA President

MikeS1
Posts: 521

Posted:

Our guidelines ask that residents place their garbage out no earlier than 6pm on the eve of scheduled pickup. Reasons-Appearance, health risks, (animals going through the trash)etc. In this Real Estate market, the our board is doing everything that they can to avoid this type of scenario. We're trying to protect real estate values and this is the prime selling season. Unsightly garbage like this on the curb, when potentional buyers are looking at homes on the market, only hurts the appearance and curb appeal of our neighborhood. Placing junk like this on the curb on the weekends, just gives the community a very unfavaroble appearance.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JohnB26 on 05/23/2012 6:25 AM

It makes the neighborhood look bad.

imo: actually, it makes the neighborhood look as if it were inhabited by real people with commitments to their employers .... not a 'pristine' 55+ waiting room

ps. i am a member of a 55+ 'morgue'

JohnB

I do not live in a 55+ neighborhood, though I am well over 55. I did chose to live in a somewhat pristine HOA. We all do our best to keep it looking that way.

JohnC

JonD1
Posts: 2,350

Posted:

Quote:

Posted By JohnC46 on 05/23/2012 7:04 AM

Posted By JohnB26 on 05/23/2012 6:25 AM

It makes the neighborhood look bad.

imo: actually, it makes the neighborhood look as if it were inhabited by real people with commitments to their employers .... not a 'pristine' 55+ waiting room

ps. i am a member of a 55+ 'morgue'

JohnB

I do not live in a 55+ neighborhood, though I am well over 55. I did chose to live in a somewhat pristine HOA. We all do our best to keep it looking that way.

JohnC

Some folks just feel more comfortable with trash and garbage lining the streets gives it the "lived in" feel. Now that's the look and the vibe they feel comfortable in. And if they neighbors don't share their attraction to trash then it's THEIR problem.

Others view trash as something to be discarded and cleaned up. How silly.

On my property we have an occasional "trasher" who thinks the other residents should be exposed to their garbage sitting out in the common hallway. Afterall it's 50 feet to the dumpsters outside quite a walk. Now the sight and smell while adding to the feel of the property the vast majority have issues with this.

The OP threw a piece of furiniture out. The HOA made contact with her. Now we have a federal issue because some people think they have the right and legal backing to act like slobs.

Have we really come to the point where people act in a manner not appreciated by their neighbors and rather than feel embarassed they defend their actions? Yes who could want to live in a clean neighborhood?

We're becoming a third world nation where this behavior is not only acceptable but defended. If you want to fill your backyard with trash don't agree to live in an HOA. Rather simple.

I see it more and more each day garabge, litter, trash along the roads, thrown out windows of passing cars and somewhere in the minds of these folks this is acceptable behavior. Just beginning to wonder how far down we will all go.............

ColetteB (Texas)
Posts: 2

Posted:

Would have been easier (and probably faster) to call Salvation Army or Goodwill for a free home pick-up and maybe they could have used it? If they couldn't, and it was in bad shape, you really shd call the city to arrange for that large of a pick-up, or see what it takes - It just looks bad to leave furniture out front and your President I'm sure is worried about the area looking run down or unkept, especially if there are prospective owners touring. If these discussions with your President have been going on this long, Mary, then it appears the couch has been out there for a while. Just call the trash guys, or 1-800-gotjunk, and take some responsibility for your large trash items.

JayP3 (Florida)
Posts: 154

Posted:

Why is everyone so judgemental?

People acting like slobs... third world nation... really?

One sofa?

The OP explained her situation and it sounds like an isolated incident.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

DOH

(unless one really LIKES a Fascist regime ..... private ownership with government control)

HOAs are necessary EVILS established for the maintenance of the Federally mandated and privately engineered commonly owned retention pond / drainage system UTILITIES.

They should not serve any other purpose, even though the USA constitution guarantees me the right to waive my rights via a private contract.

The WORKING lady in question left a sofa out for pick up 1-2 days early .... quick quick quick .... call out the brown shirts.

For Pete's sake ........ get lives y'all.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By MelissaP1 on 05/23/2012 6:35 AM
I question knowing the difference between being a Board President and being a tax paying citizen? There is a difference. Why make this an HOA issue when it's the city issue? Harassment isn't something you call a lawyer for, you call the police. I believe anyone has a right to question why there is a glaring violation of the law without it being considered "harrassment". Clearly this was against the law and would be thrown out of court.

The city's SWAT team responded today to a condo complex where a resident left a discarded sofa by the curb. Well-armed and well-trained alert SWAT team members successfully wrestled the sofa to the ground without firing a shot. A resident who asked not to be identified said, "That's one sofa that won't give us any more trouble! I'm glad that no one was hurt." Nearby schools were placed on lockdown and traffic was rerouted from the scene. Careful investigation revealed that the Do-Not-Remove-This-Tag-Under-Penalty-of-Law tag had been removed. Police advised our reporter that the investigation will continue and that they have contacted federal authorities. Stay tuned for updates.

Eyewitness News

MaryA7 (California)
Posts: 6

Posted:

As i explained it was the manner he used to leave a message on my cell. first of all it is not against the law to leave stuff out for the city to pick up(if i leave stuff out not calling the city to pick up then you may say i did something ilegal. although i am explaining to him the reason he keeps asking why? that means he is not listening rather trying to harrasse.

i abide the condo rules at all times. this was not a condo complex problem but rather something he is not to be concerned about. i told him city will pick it up and keeps pressing why i left it there. I think he is getting old and losing some of his memory and maybe he needs to step down.
he is helpful whenever i call but this time he was out of line.

I agree we need to keep our surroundings in general very clean. I have a bucket in my car that i used to throw trash in. this couch was not gonig to sit on the sidewalk for too long. it is being picked up by the city so there was not need to make a fuss about it. If the city is ok with me placing the couch on the sidewalk for them pick up even if it was placed there few days early then it is not anybody's business to question it, especially the hoa.
he should have known better.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

MaryA7;

don't worry .... be happy

the world is full of idiots (in the medical sense) who have nothing better to do

keep on working to pay for his medicare!

like i said: fuh - get - 'bout - it !

it ain't worth your time

best of luck,

John B 26

JohnB26 (South Carolina)
Posts: 1,569

Posted:

If you want to fill your backyard with trash don't agree to live in an HOA. Rather simple.

Absolutely Correct as stated.

HOWEVER

The OP did NOT '...fill anyone's backyard with trash...' she merely placed a sofa on a PUBLIC STREET a little early due to her WORK ETHIC.

This is entirely different from placing garbage in a PRIVATE hallway shared by others.

The HOA has NO repeat NO jurisdiction on a PUBLIC STREET.

If you want to control the street(s) ... build them yourself, maintain them yourself, clear any snow and debris yourself, AND pay for PRIVATE garbage collection.

for the OP:

CAVEAT EMPTOR

BrianB (California)
Posts: 2,820

Posted:

Love to disagree with you John, but if I enter a contract with an HOA to never park my car on the street outside my home between 2 am and 4 am, then yes, they do have "jurisdiction" to hold me to my contract with them if I break my part of the contract. even if the street is owned by the city, county, state or even the feds, I signed a binding contract with them, outlining what I could and couldn't do, and what they could and couldn't do.

Whatever I agree to in my promise to them, and what they agree to in their promise to me, we can hold each other accountable to by virtue of a civil contract.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

ps.

be prepared to spend $600,000 to 1,000,000 every 25-35 years per 150-200 homes on asphalt repaving/maintenance. MINIMUM

be prepared to insure or pay out any suit for negligence (remember: there will be guests using the streets)

be prepared to actually enforce any speed limits you place

be prepared to maintain / insure / repair your 'gate'

be prepared to pay the electric on your street lights

etc etc etc

+++++++++++++ pay your regular property taxes

OR

get lives and live in peace

JohnB26 (South Carolina)
Posts: 1,569

Posted:

Quote:

Posted By BrianB on 05/23/2012 12:16 PM
Love to disagree with you John, but if I enter a contract with an HOA to never park my car on the street outside my home between 2 am and 4 am, then yes, they do have "jurisdiction" to hold me to my contract with them if I break my part of the contract. even if the street is owned by the city, county, state or even the feds, I signed a binding contract with them, outlining what I could and couldn't do, and what they could and couldn't do.

Whatever I agree to in my promise to them, and what they agree to in their promise to me, we can hold each other accountable to by virtue of a civil contract.

i doubt if placing furniture out for collection on the PUBLIC street in front of the condo building is covered by the OP's CC&Rs (yea yea yea .... powers to make rules etc)

there MAY be requirements to abide by any ordinances in place

so, let us see, the damages incurred for this (evidently one time and in good faith) horrendous infraction / breach of contract would be, oh yeah, ZERO ZILCH NADA NIL NAUGHT $00.00

good luck with the judge

JohnB26 (South Carolina)
Posts: 1,569

Posted:

.... and to all, a good night

MaryA7 (California)
Posts: 6

Posted:

@BrianB

you are right about contracts, but hoa does not have jurisdiction over sidewalks unless it is a complex with sidewalks in side the complex and i know a few(my friend lives in one). mine is not one of them. I know my rights!! for your info and the other ones talking about keeping it clean around our homes. I go beyond my home and never ever throw trash out of my car or leave any trash where it does not belong. I love seeing my condo complex(common areas) clean and beautiful.
even my balcony is clean with no extra itmes in there just flower pots!!
his message was about "your shit left on the sidewalk" even you would not tolerated that kind of language.

@ Johnb26
you do get what i am saying.
for now i will fuh-get-about-it

have a good night

DavidA7 (California)
Posts: 179

Posted:

Mary, I'm also in Calfornia and I do wonder if the HOA has rights regarding the sidewalks surrounding its building. Example, we have in front of our building a lawn, then the sidewalk, then another small grass area with tree's, and then the street. Since we are responsible for the tree's we would be responsible for everything inward toward the property including the sidewalk? Just musing and thinking.

I also agree with others the couch should of been put out the night before not days before.

JayP3 (Florida)
Posts: 154

Posted:

She's smart, by saying one thing and then another she's right at least half the time.

Better than me

MaryA7 (California)
Posts: 6

Posted:

@DavidA7
not sure of your situation but my situation is that my HOA does not own the sidewalk."IT IS NONE OF HOA BUSINESS' to interfere with city's ordinance. they should maybe report to city but not harrass tenants of the complex.
kapish???? hopefully!!

BrianB (California)
Posts: 2,820

Posted:

While not disagreeing with you Mary, it really doesn't matter if the HOA owns the sidewalk or not. All that matters is what the contract between you and the HOA states. If it states that you can't paint your house purple, then despite the fact that you own the house, and they don't, you cannot paint your house purple (without violating the contract).

My HOA contract states that I cannot have a driveway on a certain major road, even though my property abuts it. They don't own my land, or my fence, however, because I agreed to the contract, I cannot put a driveway through to that road even though it is all my land, and not theirs.

All this said, I don't have enough of the backstory to speak to the whole couch/harassment thing, and have refrained from commenting on that. I don't know what your HOA contract states regarding trash placement, times, etc., so I can't even form an opinion. As it sounds to me, you tried to do something reasonable, and got some amount of flak for it. that's too bad, and it's too bad that the person contacting you didn't seem to have more tact in his toolbox.

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