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JR4 (California)
Posts: 6
Posted:
We have a small 4 member HOA. I have been here a year and am President. We all pay the same dues that does not cover the repairs that need to be done. One member who has a stand alone unit 2 times the size of the other 3 keeps bringing up alleged violations that have happened in the past. Such as the guy that used to live there planted a tree, or he added a window 15 years ago. Or they replaced the railing with a fence and now he cant walk up to the kitchen window of another member (God knows why anyone would want to).

In all cases I have read the CC&R's and they clearly state that any change that was made must have prior approval of the board. The members that made the changes were on the board, so I am assuming they approved of it. He is also claiming he had to do repairs due to damage 5-15 years ago and now wants the new active group to pay him back or he will sue. We keep getting threatening e-mails and crazy rants that because two of us bought short sales we now need to deal with the consequences (what ever that means, I don't see the relevance).

My problem is we have no, and I mean no records of anything. I keep records for agendas and minutes from all meetings I have held.

So is there a limit on when an issue is just dead in California? Or do we just address it again? This is like dealing with a 2 year old that doesn't like the answer mom and dad gave so is now asking grandma...

Thanks for everyone that is helping me out, I do appreciate it.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Since you have nothing to go on, I'm leaning towards, let him threaten you and simply ignore it. I doubt he will ever sue.

"We have received your complaint and request for reimbursement. No action taken."
RwT (Florida)
Posts: 154
Posted:
Ask for copies of receipts for items and monies spent over the last 5-15 years.

* Non-Lawyer spokesperson.
LarryB13 (Arizona)
Posts: 4,099
Posted:
JR,

If this owner is threatening to sue over issues from 15 years ago and the threats come only from him instead of an attorney I would dismiss it as irrational ranting. What I conclude from your post is that the complaining owner has not been willing to consult with an attorney or that an attorney will not take his case. I would not take his threats seriously.

JR4 (California)
Posts: 6
Posted:
Thanks everyone. I told him to put it all in writing with documenting evidence. Only alleged violations that the past boards could have approved were provided. It is interesting, he is complaining that people are using the garage to store items, he is doing this also, and our CC&R's state garages are for parking vehicles and motorized vehicles only. Later in the document it states in another section no person may leave trash or store personal property in any of the garages.

Aren't cars personal property. I just find it funny. We have a meeting tonight. I will let you know how it goes.

JR4 (California)
Posts: 6
Posted:
Well we just had our meeting and the angry complaining guy did not show up. We addressed his concerns in the meeting and the board voted unanimously to uphold the previous decisions.

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