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SheilaR5 (California)
Posts: 42
Posted:
I am a former board member that is now being harassed by a woman that states I was sending her violations. I sent one violation to her for constant dogs off leash. Her other violation was sent by the property manager for car port clean up. Would I still be able to have the HOA attorney send her a cease and desist?
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By SheilaR5 on 09/21/2024 10:37 PM
I am a former board member that is now being harassed by a woman that states I was sending her violations. I sent one violation to her for constant dogs off leash. Her other violation was sent by the property manager for car port clean up. Would I still be able to have the HOA attorney send her a cease and desist?

You are no longer a board member and have no authority to use the HOA’s attorney. You need to get the current board to authorize the HOA’s attorney to act in your behalf - if that is even possible.

What specifically is the person doing to harass you?,
SheilaR5 (California)
Posts: 42
Posted:
Refused to move her car that was blocking mine. Another day, Her unleashed dog bit my dog, she laughed. Then proceeded to say if I wasn’t such a bitch and sent violations then she would of called her dog of. Both incidents are recorded ob ring doorbell.
SheliaH (Indiana)
Posts: 6,964
Posted:
This seems more like a dispute between residents since you're not on the board anymore. It's great that you have the recording- that can be used for a lawsuit against her. However, you'll need your own for this (you can request reimbursement for legal expenses as part of the lawsuit).

Talk to an attorney about your options. You might also call the non emergency number of the police department to see if you can get a restraining order against her. If you haven't already done so, start keeping a log of everything, including phone messages, texts, etc. All that may be necessary for legal action, criminal and civil.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By SheilaR5 on 09/21/2024 11:02 PM
Refused to move her car that was blocking mine. Another day, Her unleashed dog bit my dog, she laughed. Then proceeded to say if I wasn’t such a bitch and sent violations then she would of called her dog of. Both incidents are recorded ob ring doorbell.

It's a crime to detain someone against her will. For the parking, you can call police. For the dog, you can call animal control. You could also get a civil harassment restraining order.
CathyA3 (Ohio)
Posts: 6,299
Posted:
It sounds like what this person's current actions are violations that the board should pursue. Blocking someone else's driveway, dog off leash, and dog biting someone else's pet are all violations per my community's CC&Rs - and the dog biting other animals would result in removal of the animal from the premises. (Our CC&Rs give the board complete discretion on whether or not to declare a dog "unsafe".)

Good ahead, make this gal's day. File formal complaints with the board in writing, along with any photos or video you have. If this bad citizen is doing this to you, she's probably doing it to others - especially with the dog. In my community, you could also file a complaint with the county about the dog bite, and the county may take the animal (especially if there have been other reports about the dog). If you go to the doctor to have the bite treated in my area, they will ask for the details and may file a report for you.

Pet ownership is a privilege hereabouts, not a right. And boards can't allow bullies to terrorize the neighborhood.
GregoryT1
Posts: 315
Posted:
Great advice from everyone.

It looks like a three prong attack.

1. Local agencies.
2. Condo rule violations
3. Personal litigation

Sheila do not be bullied by this person and stand up to them.

The real question is you got a ton of options. Each person viewpoint is different but try to go cheap first before you get into personal litigation and there might prosecutor be involved.

When your car got blocked was that a private condo/hoa road? I live in a tiny condo and I have a driveway on a public city street. That is the city business and trust me I had citations given out and once a car was almost towed. The local parking authority wanted to tow but found out it was an undercover police car on a narcotics investigation. LOL, So if its public road that is the local government/police. Also check the rules for the condo as Cathy said. You might have to a combo of city enforcing and informing the condo assn. In my city we had a vicious dog and it caused problems for one apartment building. Finally the person moved. The new town they moved to the police quickly found out how vicious the dog was and had to put it down.

Each item you might have to contact one to two groups depending on the item.

Please keep us posted on what you do and the outcomes since this will help others.

You have a very vindictive person. The folks on this site have helped me BIG time and I hope your situation improves.

Move fast move strong.

SheilaR5 (California)
Posts: 42
Posted:
Unfortunately, she is friends with 3 of the 5 new Board Members.
SheilaR5 (California)
Posts: 42
Posted:
We did call Animal Control and they sent them a letter and stated next time they could lose their dog. Also, went to the courthouse but was told I needed to add more detail on my complaint so I cane home and never went back. She is friends with 3 of the 5 new board members so she won’t receive any violations from them.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By SheilaR5 on 09/21/2024 11:02 PM
Refused to move her car that was blocking mine. Another day, Her unleashed dog bit my dog, she laughed. Then proceeded to say if I wasn’t such a bitch and sent violations then she would of called her dog of. Both incidents are recorded ob ring doorbell.

Animal control should have been your first phone call, but I suspect you didn’t do this in a timely manner. If it happens again, call them immediately and retail your evidence from the first incident,

I would request the board to take action and start an evidence file. If this keep escalating, you may need to hire an attorney who will send the board a letter saying if they don’t take action to resolve this you will be taking legal action against the HOA for failing to enforce their rules.
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By SheilaR5 on 09/22/2024 8:13 AM
Unfortunately, she is friends with 3 of the 5 new Board Members.

That may explain her attitude.
GregoryT1
Posts: 315
Posted:
hey Dean I think she did get in touch with animal control and they did send the warning letter out.

Sheila In terms of courthouse needing more details then you need to document that and for the next "incident" see that those details are collected. I don't know if you need more surveillance cameras, a log of time date and location etc. Good to post what details (generic) they want so we know if we are in the same bind we know what to collect.

Tough spot with the change of board you are getting the residual effects. Dean's advice is do not back down to the new board. They have a duty and obligation to perform and if they do not do that you got a rope around their necks by doing the correct process in notification. Ensure if you have enough cameras for your property. Here in NJ you are allowed to put cameras pointing anywhere except into the interiors of others properties. Since you are in a condo you are not allowed most likely to put on the exterior. My cameras are inside pointing out.

Here are some tough questions. 1. Is this neighbor a member in the development or actually physically right next to your property? The reason why if this person was somewhere else and the complaint was filed against them by the board and the management company that is fine. However this person was your next door neighbor then you might are running the risk as being on the board of selective enforcement. Did the community send out notification to all members reminding them about pets?

True story> Condo assn. Tandem parking spots 2 spots per unit. Neighbor has two spots but decided to put junk in the other unit owners empty spot. Neighbor contacted neighbor directly. they did not move. Mgmt contacted and did nothing. Mgmt company district manager contacted and they sent a letter that all residents can not put anything in parking spots due to fire violation. Only cars in the spots. Everyone cleaned up their stuff except this one person. Now the setup was done and they could go after the "problem" person at the same time not targeting out the person since everyone was informed.
GregoryT1
Posts: 315
Posted:
hey Dean I got it. You meant right at the time of action of the bite call animal control?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By TerriS6 on 09/22/2024 9:16 AM
Posted By SheilaR5 on 09/22/2024 8:13 AM
Unfortunately, she is friends with 3 of the 5 new Board Members.


That may explain her attitude.

That's unfortunate and it changes my answer. You don't just have a bully neighbor problem, you probably have a board problem. I doubt they'll do anything about the bully until her behavior makes problems for them.

Do you know if she's singling you out or is targeting others as well? Your options change depending on the answer to this, with a group of owners more able to cause enough commotion that the board can't ignore it. That's especially true if a number of owners are fed up with the board in general and think that it's time for some new faces.
SheilaR5 (California)
Posts: 42
Posted:
We absolutely called animal control first. Filed a report and AC sent them a letter stating should anything like this happen again, they will lose their dog.
SheilaR5 (California)
Posts: 42
Posted:
She only does this to me since I had to have her move her car from blocking myself and my husbands car. I also sent her a dog off leash violation about a month after she moved here. I have lived here almost 20 years. She does not like to be told what to do in an Hoa community.
GregoryT1
Posts: 315
Posted:
thanks Sheila for the information. Was she sent the off leash violation or did a reminder to the entire condo about off leash and other items. Was she ever sent and other new comers some guidelines on living there?I think she views herself as being targeted. Even though you lived there for 20 years she was able in a period of time been able to make connections at the condo and more importantly the condo board. Did the condo board go over a turnover?

Cathy had some questions and she is very good with responses. Keep posting this is an excellent topic and you can bounce your ideas of next steps with us.

Very helpful and insightful group of pros here. They taught me a lot.
TimB4 (Tennessee)
Posts: 21,062
Posted:
I agree that this is more of a neighbor v neighor issue than an HOA issue.

Since you were on the board, you understand that there is limited actions the board can do.
Per your posting, the individual is friends with several board members so you don't think the board would act anyway.

Simple solution, quit using the board.
Contact the local authority instead.

Dog bites dog and it's documented - call animal control
Vehicle blocking your driveway - call the police to address the issue.
Feel like you are being threatened - talk to an attorney about a restraining order

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