AngieS1 (California)
Posts: 6
Posts: 6
Posted:
Can we sue the HOA for the following:
1. Not giving us the right to pick board members through election. We literally have no idea who they are. We are never reminded of any elections at all.
2. The property manager comes up with parking rules randomly without our consent and even without notifying us of those rules before execution. For instance, once he started sticking warning reports to parked cars with no registration stickers. It then suddenly stopped. Another time, we found the towing trucks actively and regularly seeking for cars parked next to garage in the afternoon. That also disappeared.
There is towing rule for street parking also. For instance, we can park a car in a specific place for 72 hours. If it is not removed first we are supposed to get a warning note attached to the car. Strangely, once my car was towed. I did later pay the tow company and brought it back. But I was very suspicious of what happened and thus pressured the manager to show me evidence that he did attack warning to my car. He never provided it. Instead, he gave me refund of my money.
3. Out of the blue, just a week ago, we were told of a new parking rule. There can be only one car outside and that's with permit. This property manager and guard lied to us in emails and text messages that they based on election votes. The people who went to the meeting told us there was no election. The manager just came and read the new rules.
4. They told us of a meeting yesterday. All of us home owners showed up but then they told us there would be no meeting. They distributed the permits and rejected any talks with us. Board members didn't show up though they were supposed to.
5. The new parking rule is irrational and unsafe for all of us. Our community streets are huge with a wide variety of titles. It is like a city inside another city, but only gated. But just outside the gate, it is tremendously unsafe.
First of all, there is no parking spot outside the community. It is a long winding road. If anyone wants to park they basically have to do it two signals away in a place where car vandalism, shooting and snatching of stuffs are too common. One person was murdered just outside the wall I could see from my room. The detective came to us to ask questions about that case when he told us of the gruesome truth about that area and we almost fainted! It helped us realize why it takes almost a year for someone to sell their homes outside the community.
Later we came across more cases like that including open shooting between kids right at the signals with one dead. Another neighbor complained of how his car was vandalized there. We also risk getting our cars towed two signals away because that’s another residential area. Many among us work at night after 10pm. My own sister has no schedule because she is a researcher. Sometimes she has to go to lab at 2am. Another one goes to college and sometimes have to come home at 10pm.
Now here is the problem, our property manager has no idea how many rooms each house has. The ones with 4 bedrooms like ours have big families. Hence, some of us have 4 to 5 cars. All homes, however, come with two car garage. We have 4 cars and they are all needed. So we do utilize our garage. Yesterday, they gave out one parking permit to each house. The irrationality here is that the homes that are small and have two cars don’t require a permit. They can easily leave their two cars inside their garage. The permit now will make it easy for them to keep only one inside. Meanwhile, all of us with 4 to 5 cars are being forced to park outside the gated community. We have some owners who are disabled. The property manager declined to talk with them saying he can’t do anything.
Note that this community is way too different from what we normally see outside. All homes come with their own gates and yards.
6. With one permit rule, the community will just have way too much space. We just don't get what would be the meaning of this.
7. The new rule involves not giving the new password of the gate to home owners. Unfortunately, each house comes with only one gate remote.
8. He also has a plan to tow utility service vehicles if their drivers don't report to them every 10 minutes. In fact, he said he must be told that if such vehicles enter the community. But he doesn't even answer our calls ever.
We are very scared for our cars and safety now. With those points above, can we sue HOA? We are very frustrated because the manager pretends like he has no choice ever. We tried talking to our security guard so she would pass the info to him. But instead of that, she told us to sell our cars.
1. Not giving us the right to pick board members through election. We literally have no idea who they are. We are never reminded of any elections at all.
2. The property manager comes up with parking rules randomly without our consent and even without notifying us of those rules before execution. For instance, once he started sticking warning reports to parked cars with no registration stickers. It then suddenly stopped. Another time, we found the towing trucks actively and regularly seeking for cars parked next to garage in the afternoon. That also disappeared.
There is towing rule for street parking also. For instance, we can park a car in a specific place for 72 hours. If it is not removed first we are supposed to get a warning note attached to the car. Strangely, once my car was towed. I did later pay the tow company and brought it back. But I was very suspicious of what happened and thus pressured the manager to show me evidence that he did attack warning to my car. He never provided it. Instead, he gave me refund of my money.
3. Out of the blue, just a week ago, we were told of a new parking rule. There can be only one car outside and that's with permit. This property manager and guard lied to us in emails and text messages that they based on election votes. The people who went to the meeting told us there was no election. The manager just came and read the new rules.
4. They told us of a meeting yesterday. All of us home owners showed up but then they told us there would be no meeting. They distributed the permits and rejected any talks with us. Board members didn't show up though they were supposed to.
5. The new parking rule is irrational and unsafe for all of us. Our community streets are huge with a wide variety of titles. It is like a city inside another city, but only gated. But just outside the gate, it is tremendously unsafe.
First of all, there is no parking spot outside the community. It is a long winding road. If anyone wants to park they basically have to do it two signals away in a place where car vandalism, shooting and snatching of stuffs are too common. One person was murdered just outside the wall I could see from my room. The detective came to us to ask questions about that case when he told us of the gruesome truth about that area and we almost fainted! It helped us realize why it takes almost a year for someone to sell their homes outside the community.
Later we came across more cases like that including open shooting between kids right at the signals with one dead. Another neighbor complained of how his car was vandalized there. We also risk getting our cars towed two signals away because that’s another residential area. Many among us work at night after 10pm. My own sister has no schedule because she is a researcher. Sometimes she has to go to lab at 2am. Another one goes to college and sometimes have to come home at 10pm.
Now here is the problem, our property manager has no idea how many rooms each house has. The ones with 4 bedrooms like ours have big families. Hence, some of us have 4 to 5 cars. All homes, however, come with two car garage. We have 4 cars and they are all needed. So we do utilize our garage. Yesterday, they gave out one parking permit to each house. The irrationality here is that the homes that are small and have two cars don’t require a permit. They can easily leave their two cars inside their garage. The permit now will make it easy for them to keep only one inside. Meanwhile, all of us with 4 to 5 cars are being forced to park outside the gated community. We have some owners who are disabled. The property manager declined to talk with them saying he can’t do anything.
Note that this community is way too different from what we normally see outside. All homes come with their own gates and yards.
6. With one permit rule, the community will just have way too much space. We just don't get what would be the meaning of this.
7. The new rule involves not giving the new password of the gate to home owners. Unfortunately, each house comes with only one gate remote.
8. He also has a plan to tow utility service vehicles if their drivers don't report to them every 10 minutes. In fact, he said he must be told that if such vehicles enter the community. But he doesn't even answer our calls ever.
We are very scared for our cars and safety now. With those points above, can we sue HOA? We are very frustrated because the manager pretends like he has no choice ever. We tried talking to our security guard so she would pass the info to him. But instead of that, she told us to sell our cars.