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JenniferM9 (California)
Posts: 42
Posted:
This board has a history of "picking on" one resident for noise violations, which most often involve her yelling at her pre-teen son. She is a single mom, and many of the people in our small (10 unit) complex do not care for her nor do they hide the fact.

Most recently, a hearing was held to discuss complaints that someone heard her yelling at her son. The windows to her unit were open, so it wouldn't have been difficult for someone in the common area to hear it as they walked by.

In the hearing, she mentioned the frustration that comes with raising a child alone and said she was learning how to better deal with her frustration by taking a parenting class offered through her health care provider.

The board has asked her to provide proof of this. There won't be a receipt other than her insurance co-pay. This is not exactly a health related issue, but can a board ask a resident to provide proof of something this personal?

I looked through Davis-Stirling and can't find anything as it relates to this type of request.

Thank you!
FredS7 (Arizona)
Posts: 927
Posted:
The board should concern itself with results not means. If this person is interfering with the "peaceful enjoyment" of other residents it should be dealt with by letters and/ or fines (if permitted).

Calling the police might be another option if the behavior rises to the level of a domestic dispute.
JenniferM9 (California)
Posts: 42
Posted:
The resident has been fined, and this was the 2nd noise related incident. The resident has shown positive improvement, so I'm not sure why someone feels the need to see "proof" of taking a class.

The police were called once, and the resulting investigation proved the call was unwarranted.
JonD1
Posts: 2,350
Posted:
IMO this Board has no right whatsoever to require she provide anything.

This would fall into the none of their damn business group.

If she causes a disturbance as suggested call the police or issue violations and fines. The Board has no right or standing IMO to require her to show them squat.

Hopefully she can pull this together for the benefit of her son and herself. Tough raod to go down that of a single Mom.
CarolR11 (Colorado)
Posts: 2,563
Posted:
I, too, agree that the Board has no right to require proof that she's taking a parenting class.

Parents yell at kids. It seems to me that the problem is if the yelling's frequency continuously disturbs others' quiet enjoyment of their homes.

If there seems to be abuse too, Child Protective Services (in CA) should be contacted.

Out of curiosity, is this the only child in your HOA, Jennifer?
JenniferM9 (California)
Posts: 42
Posted:
Quote:
Posted By CarolR11 on 06/21/2013 11:50 AM
I, too, agree that the Board has no right to require proof that she's taking a parenting class.

Parents yell at kids. It seems to me that the problem is if the yelling's frequency continuously disturbs others' quiet enjoyment of their homes.

If there seems to be abuse too, Child Protective Services (in CA) should be contacted.

Out of curiosity, is this the only child in your HOA, Jennifer?

One of the residents did called CPA and claimed he had to because he is a school teacher and it's required by law. CPA investigated and found nothing amiss and her son even admitted he can be a brat sometimes. He's actually a really nice kid, I just thing the frustration level in the mom just builds up and she hasn't dealt with it well.

There are two young (under 3) children who belong to one of the people who complains a lot.

I thought it was odd that someone wanted proof of the parenting class. I am also on the board and was opposed to it, but was out numbered by the others.

The woman has been quite apologetic and seems to be really trying hard to be a better neighbor.
CarolR11 (Colorado)
Posts: 2,563
Posted:
I hope that you will praise the mom for her efforts and say a kind word now & then to her son too.

It might be that the neighbor with two little children who complains a lot might not like her kids having to listen to the yelling.
JenniferM9 (California)
Posts: 42
Posted:
Quote:
Posted By CarolR11 on 06/21/2013 3:18 PM
I hope that you will praise the mom for her efforts and say a kind word now & then to her son too.

It might be that the neighbor with two little children who complains a lot might not like her kids having to listen to the yelling.

Believe it or not, I'm the only resident who has been consistently nice to her, so she feels she can talk to me, which helps. I do feel badly for her because she is raising her son on her own with no emotional or financial help from the father.

The other resident with young children has been after her since before he had kids.

It's amazing how mean some people can be. At our last board meeting, her direct neighber showed up with a real estate flyer and suggested she move. Really.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Alas! Children don't come with instruction books!
BrianB (California)
Posts: 2,820
Posted:
please remember the names of the board members requesting the parenting class proof.

then, as soon as one of them has a small car accident, demand proof of a safe driver's class (hey, what if they drove into a child on your streets?). Or, when one gets a little drunk, and perhaps makes a loud fool of himself, demand proof of joining AA or something. If one has weeds in their yard, require proof of gardening class. If they have a dog, demand proof of Canine Good Citizen class.

JenniferM9 (California)
Posts: 42
Posted:
Quote:
Posted By BrianB on 06/22/2013 1:45 PM
please remember the names of the board members requesting the parenting class proof.

then, as soon as one of them has a small car accident, demand proof of a safe driver's class (hey, what if they drove into a child on your streets?). Or, when one gets a little drunk, and perhaps makes a loud fool of himself, demand proof of joining AA or something. If one has weeds in their yard, require proof of gardening class. If they have a dog, demand proof of Canine Good Citizen class.


Great idea, I love it!! : D
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By BrianB on 06/22/2013 1:45 PM
please remember the names of the board members requesting the parenting class proof.

then, as soon as one of them has a small car accident, demand proof of a safe driver's class (hey, what if they drove into a child on your streets?). Or, when one gets a little drunk, and perhaps makes a loud fool of himself, demand proof of joining AA or something. If one has weeds in their yard, require proof of gardening class. If they have a dog, demand proof of Canine Good Citizen class.


Great ideas.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By CarolR11 on 06/21/2013 11:50 AM

Parents yell at kids.

Quite right, you spend the first two years teaching a child to walk and talk and the next sixteen yelling at them to sit down and shut up.

Studies show that 5 out of 4 people have problems with fractions
CarolR11 (Colorado)
Posts: 2,563
Posted:
A comic was relating a shouting match she had with her 15 y. o. son:

He: So why'd you HAVE me anyway!!??
She: I didn't know it'd be YOU!
JM10 (California)
Posts: 503
Posted:
I find it a bit troubling that the police were called (by whom?) and found the call was unwarranted and then CPA was called and found nothing amiss.

Unless both of those agencies are not doing their job, your HOA could be accused of arbitrary enforcement.

If your board is supporting the direct neighbor who came and suggested she move, you might be in trouble.

I agree with Brian that the parenting class and even asking for proof of a parenting class is too much. The board has overstepped their authority and if that's the way they want to play it...then Brian's suggested approach (and argument) should be followed.

We had a neighbor with a garage band (and not a good one) and we also had neighbors with crying kids and a neighbor who broke up with his girlfriend one long, long night. Then there were the neighbors outside of the condo who had dogs regularly barking at 2-4 a.m. When one unidentified neighbor complained about our dogs it seemed more retaliatory than reasonable.

We were discriminated against, but when we called the police it was because the lead board director stole our signs and the sign of our real estate agent. We also lived in a 10-unit condo in Los Angeles County. We moved, but we also were paid a large settlement by the insurance company.

If the woman is being singled out by the board and you are calling agencies against her without good reason, then what's happening could be called harassment.

As for mandated reporting to CPS (child protection services and not CPA), here is what California law states:

Child abuse must be reported
when one who is a legally mandated
reporter “...has knowledge of or
observes a child in his or her profes-
sional capacity, or within the scope of
his or her employment whom he or
she knows or reasonably suspects
has been the victim of child abuse or
neglect...” (P.C. 11166(a)).

Note that it says "in his or her professional capacity, or within the scope of his or her employment" and not as a neighbor or volunteer.

For more information on Child Protective Services in California, you can go to this link.

If the only complaint is yelling and you don't mention the hours being too late or too early, then I don't even see why the police were called. It probably doesn't help the woman that one person has been after this woman since before he had kids or that someone has openly told her to move. The board doesn't seem to be moving toward making the environment less hostile, but supporting a more hostile environment.

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