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SueL7 (California)
Posts: 30
Posted:
I have been living (an owner) for 12 years in a condo in CA. The owner next to me is an absentee landlord of noncompling, loud, band member, renter. This has been going on for 5 years. The owner ignores my complaints. We are now going to sue the owner with a lawsuit. His renter has a restraining order against him from me. In the last 5 yrs. he has set his baloncy on fire with cigerattes, thrown litter over the fence onto our neighbor's property which belongs to LAX. (The LA DA is now involved), he has parked in guest parking for 12 days when residents are not supposed to park there longer for an hour.

The problem is the board will not fine the owner. They have sent letters but the problems still continue. They blame me as one of those trouble owners that complain all the time. This week I have asked the LAFP and the DA Office in Los Angeles to fine the board for not imposing fines on the owner for the fire and littering violations. The board doesn't respond to my emails, they have sent the owner 2 letters in 5 years but have never fined him.

This board has major problems. The owners do not know who is on the board because they don't communicate at all. We have a party room that we need to rent if we want to use it, we don't know who handles that..The management firm is equally as bad. The sad thing is that I have to pay them $400.00 in HOA monthly and I don't see them doing their jobs. They do OK with the accounting however. Can I sue them? I have asked for their last minutes and have served them for production of any letters or fines to this owner.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Hi Sue, I see you got a problem, no doubt of that!

First, you are not the first to have to cope with something like this. Second, part of your problem, and sticking to an abstract view, is you must be doing something wrong after all these years. Five years running is much too long for this kind of thing to drag out.
But, what to do? As you can see from reading your post, you present an array of individual objections. It would help you search for resolution if you broke this all done to bullet points and list them in order of importance. You need to analyse your concerns.

Nothing you are experiencing is brand new. Some of the items you list are more important in what they suggest than what they say. Let me give you a short overview.

First you have to know your covenants, the state statutes and have a resource to go to to get resolution. To say your board doesn't help with your problem nor your M/C nor the courts, nor any legal help is speaking more toward a serious crimp in your organization than your personal problem. I may be you can't solve your problem if your presentation is accurate. That means you have to work changing the system. If it don't work for you, it won't work for others, which means you probably have a lot of dissatisfied members. You need to identify them and organize them to seek change. That is a big order. From your post, it sounds as if you could get your renter neighbor gone, your life would improve somewhat and this may be, but you have not solved anything, it is just that the trouble is not bothering you. It also could be that you are wrong in what you expect to some degree or maybe completely wrong, but I doubt that.
I would put your individual problems on the side burner and do what you can to move them along with lawyer. Get a few of your neighbors and use that room you spoke of to announce a town hall meeting. The purpose would be to discuss similar concerns about your HOA. Strictly business, strictly non-confrontational, just a discussion. Set a time limit, keep it loose so people can speak and see what comes up. I bet you will discover some direction. Keep your person problem to a line or two and seek no solutions there. Seek support for common interests.

This is far too long a post on my part, but think it over, more important, talk it over with a few neighbors.
SueL7 (California)
Posts: 30
Posted:
Thank you Robert! I am now being told to communicate only with the HOA attorney. I am going to have my attorney bullet point as you suggested. Thanks for your help!
FrancescaM (Washington)
Posts: 264
Posted:
Sue... I am sorry to hear your issues. It's hard when a board essentially is not willing to communicate or enforce rules and regs. You have legal rights and if the board is found at fault for not enforcing them.. they too can have legal action taken upon them. Please read below.

I was a owner of a small condo in California.. There was issues of board members essentially being exempt from simple rules lets use as an example the wrong color fencing which ideally is outlinedin our hand books and governing documents. ( this is just a similiar example of what happened when I was on the board) I brought up my concerns to the board ,because if anyone bothered to read our governing docs which I did it was plain in sight that Suzy Q board member was not up to standing in her regards to the basic rules. It was argued that I had an "an agenda" against this board member and I was ignored... fully. Despite having it in the minutes, discussed openly in executive... They claimed that her "fence color" was never and issue before, nobody ever enfoced it and that they would not either.... I envited them to read our regs, ect. It still fell on deaf ears... It was not until I had my personal attourney submit a professional letter outlining that I have requested to paint my fence the same color as board member Suzy Q... and he quoated our regs, the legal action that I personally can take if the board denies me to paint my fence this color and that they could individually be suied for not holding up consistent rules, regs an observe the basic governing documents that bound us to the Davis Sterling Act..

Can you guess what the outcome was??? Suzy Q board member got a letter from her own board stating she had to "paint her fence" the same as all of us. The fence scenerio is not really what happened, but you get the idea.

Board members are not always ethical people, the do not get screened, and they volunteer thier time. They do not get paid a salary nor do they serve as on sight management.

I would suggest to you like I would anyone in your situation if you are not happy. DONT' BE AN APATHETIC HOMEOWNER WHO POINTS FINGERS AT A FAILING BOARD.. GET ON AND SERVE YOURSELF! Not meant as a disrespectuful comment, but it's often the issue that homeowner's are willing to complain about very legitmate issues, but will not step up to make a difference and make an effort to serve on the board themselves in order ot make a difference.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
SueL,
What's happening to this?
SueL7 (California)
Posts: 30
Posted:
Thanks for asking Robert. I am asking my attorney to send a letter to the BOD. They could care less about enforcing the CCRs. I just don't see how to do this any other way. The same people are nominated to the board every year. However, I am going to try to get on the board. Thank you for checking in. Merry Christmas.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Sue,

Unless you are willing to enforce the declaration yourself (provided you proceed in the manner stated in your CCRs), having your attorney send the BOD a letter demanding enforcement still may not result in them doing as "you" wish. I'm curious to know how you know how many violations letters have been sent in the past 5 years and whether or not fines have been imposed. Do you think you know the whole story? I've seen members come to a board meeting in my assn to complain about supposed violations not being addressed by the board only to be told that's not the case. The board and PM always know exactly who the member is talking about and have info the member didn't know. Just because the board has been silent with you doesn't mean they aren't doing anything. Perhaps they feel the matter is confidential.
KirkW1 (Texas)
Posts: 1,665
Posted:
I would suggest you see if you can find an attorney who will take the enforcement case on a contingency basis. There is at least some chance that some others would prefer the Board take some action as well.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Good luck on finding an attorney to take this case on a contingency basis. Does this type case result in monetary damages being awarded? That would be the only reason I would think an attorney would consider a contingency case. Most HOA attorneys I know of(ones that "do" work with members) have a pretty steep up-front fee!
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Sue,
Just my opinion but it seems you are taking steps to lead you in the right direction. You may not get all you want from the lawyer and the board might resist or stonewall. That is out of your control, but I bet the action of doing it will open a door or two. As I have posted many times, this is no slam dunk, this will take time, effort and persistance. It is clear you think straight and I also don't condon lawyering the Board to death. They do have a side to be considered. It also is odd to me that we hear so much about apathy and let an owner get a lawyer and everyone sees this as a trouble maker. It is probably true a small amount of the time. The very act of getting a lawyer shows interest, I'm serious. I have had a lawyer send the Boards a couple letters and I can't say results were dramatic, but that was not my intent, nor was it to take it to the supreme court. I am at a loss where members offer their help the Board just don't invite you to a meeting or personally discuss with you what your interest are.

Keep up the good work.

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