Follow-Up: Hearing scheduled tomorrow, would it hurt me if I don’t attend?

Started by DanielleG4 • 18 replies • 406 views

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DanielleG4 (Florida)
Posts: 131

Posted:

I’m not the one who’s potentially getting fined, the tenant renting/her landlord would be because of noise complaint. The mgmt office (assistant and manager) said I shouldn’t go to avoid confrontation. Last time I spoke with the tenant, I cursed at her and don’t want to be too emotional or reactive at the hearing. The office confirmed that she’s going, I have 2 security reports and one police report to back up her being a nuisance. The hearing committee will make decision but the office said that the police report makes the possibility of fine more likely. I’m worried if I don’t show up I’ll come across as uninterested and they’ll dismiss my case but if I do show up I’ll act up and that’ll work against me. Would it hurt if I don’t go? Or will my documentation be enough to have her landlord fined?

LetA (Nevada)
Posts: 2,679

Posted:

Are you summoned to attend?

JohnT38 (South Carolina)
Posts: 1,631

Posted:

The tenant will undoubtedly bring up all the B.S you have done to retaliate. I'd personally fine you both.

ND (PA)
Posts: 792

Posted:

You should go, but wear an elaborate disguise as to not give away your identity. Also, be certain to bring your ceiling thumper to submit as evidence, exhibit A.

SteveH35 (Washington)
Posts: 339

Posted:

Quote:

Posted By DanielleG4 on 05/26/2022 10:05 AM
I’m not the one who’s potentially getting fined, the tenant renting/her landlord would be because of noise complaint. The mgmt office (assistant and manager) said I shouldn’t go to avoid confrontation. Last time I spoke with the tenant, I cursed at her and don’t want to be too emotional or reactive at the hearing. The office confirmed that she’s going, I have 2 security reports and one police report to back up her being a nuisance. The hearing committee will make decision but the office said that the police report makes the possibility of fine more likely. I’m worried if I don’t show up I’ll come across as uninterested and they’ll dismiss my case but if I do show up I’ll act up and that’ll work against me. Would it hurt if I don’t go? Or will my documentation be enough to have her landlord fined?

Rule of thumb: if the evidence provided does not speak for itself, attend the hearing. Otherwise, let the evidence speak. A reasonable and impartial hearing will see through emotions and personalities to the core of the matter.

Regards,
Steve

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By ND on 05/26/2022 10:47 AM
You should go, but wear an elaborate disguise as to not give away your identity. Also, be certain to bring your ceiling thumper to submit as evidence, exhibit A.

Good suggestion.

MichaelT21 (Arkansas)
Posts: 501

Posted:

While I think bringing the ceiling thumper is a good idea, I would also play the youtube videos that you posted here that have a barely audible background noise, as evidence of the excessive noise that is causing so much grief.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By MichaelT21 on 05/26/2022 11:14 AM
While I think bringing the ceiling thumper is a good idea, I would also play the youtube videos that you posted here that have a barely audible background noise, as evidence of the excessive noise that is causing so much grief.

Good advice. Danielle, don't forget to tell them that you are planning on retaliating after the hearing. I think this will work in your favor.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Won't hurt you one bit if you don't attend. I am sure the board would love it if you did not. The decision can be made without you if the evidence is strong enough.

Former HOA President

DanielleG4 (Florida)
Posts: 131

Posted:

DanielleG4 (Florida)
Posts: 131

Posted:

Why would the board prefer if I wasn’t there?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Oh Lord I opened a rabbit hole... Your way to emotional and invested in this situation. If you say your "evidence" is as strong as it is, it will speak for itself without you being there...

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

If you can't put on your adult pants and control your emotions for a couple of hours:

I would suggest that you send a letter specifying that you desire to attend but, based on the advice of the management office, are choosing not to in order for the committee to focus on the complaint.

PatJ1 (North Carolina)
Posts: 568

Posted:

Curious, how did the hearing go?

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By PatJ1 on 05/28/2022 11:24 AM
Curious, how did the hearing go?

I am too but I'm not sure we'll ever get a straight answer.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Let me guess the options...

1. The board decided to contact the landlord/owner to let them know there is a noise complaint. They need to correct it or face a certain amount of a fine.
2. The board decided this was NOT an HOA matter. Told the parties to call the police to make reports to handle it.
3. Ignored it and went on with their business.

Whatever decision they made it doesn't really matter. It's not going to be good enough...

Former HOA President

DanielleG4 (Florida)
Posts: 131

Posted:

I won’t know until Tuesday office is closed for holiday. I didn’t attend because the office suggested I shouldn’t, I was trying to listen through the walls when she was on the phone. The hearing took place as a conference call, it was weird right after the hearing she walked outside and paced for 15 min back and forth. When I was listening through the walls during the call, all I could make out was the hearing committee member say “I feel terrible….”. I couldn’t understand the rest, at around midnight the neighbor came back home with some guy. The guy has visited a few times, for the first time today he looked at my camera and flicked it off. It’s nuts, why would he do that all of a sudden?

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By DanielleG4 on 05/28/2022 1:47 PM
I won’t know until Tuesday office is closed for holiday. I didn’t attend because the office suggested I shouldn’t, I was trying to listen through the walls when she was on the phone. The hearing took place as a conference call, it was weird right after the hearing she walked outside and paced for 15 min back and forth. When I was listening through the walls during the call, all I could make out was the hearing committee member say “I feel terrible….”. I couldn’t understand the rest, at around midnight the neighbor came back home with some guy. The guy has visited a few times, for the first time today he looked at my camera and flicked it off. It’s nuts, why would he do that all of a sudden?

"I was trying to listen through the walls when she was on the phone."

Absolutely perfect! I wouldn't expect anything less from you.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

So you can hear phone calls through walls? Oh and TRYING to hear noises in the unit? Mmm. I wonder who is the one that is the "victim" here. If I was her, I'd start eating beans and farting at the wall...

Former HOA President

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