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KimberlyR1 (California)
Posts: 3
Posted:
My husband and I purchased a townhome in California 2 years ago and we rent it to our adult daughter. Our son bought a unit in the same complex a couple of months later. This complex is located a couple of miles from our home and we visit frequently. We've recently received a couple of complaints from the HOA via the management company and I'm not quite sure how I should handle things before this situation escalates.

The only problems we've had are with our daughter's neighbor but we didn't feel that the problems were serious enough to complain to the HOA and possibly create an uncomfortable living situation for her. We just figured that the woman next door was a little strange. She lets her little dog run around the common area off-leash and we have twice returned the dog to her door when we saw it running around without the woman out watching it. She also has an 'outdoor' cat which is also a violation of the CC&Rs. Several months ago, my daughter was awakened at 2:00 a.m. by her own dog (my daughter's dog) growling and looked out her window to see the woman straddling the 6' fence that separates their patios and witnessed her trying to coax her cat from the roof. The cat has also defecated on my daughter's patio many times. More recently, a man started visiting the neighbor frequently and always brought his little dog with him. That created a terrible barking problem that had not existed before. The two little dogs together barked constantly. In addition, my daughter had caught the man looking over her fence on a couple of occasions which my daughter described as "kind of creepy." Also, while the woman does pick up her dog's waste, instead of throwing the poo-bags in the trash, she places them behind the plants near the front of her unit which is also a common area.

About a month ago, the barking had become a real nuisance and my daughter called me to complain. I suggested that she call Animal Control which she did. That seemed to take care of the problem as the man no longer brings his dog when he visits. Then, last week, I received a 'warning' letter from the HOA's management company stating, in part: "Excessive Noise" - A dog residing in your unit barks continuously all day / every day and disturbs other residents in the neighborhood. I called the property manager and learned that it was the 'problem' neighbor lady who made the complaint. As my daughter's dog is not much of a barker, it was obvious to me that the complaint was made in retaliation. In addition, my son just received a 'warning' letter stating that he was violating the CC&Rs by storing things in his garage. And to clarify, some of the garages have garage doors and some don't. It's up to the homeowner to put in a garage door if they want one and the CC&Rs clearly state that storage is not allowed in garages WITHOUT a garage door. My son HAS a garage door and he keeps it closed! So, now we have 2 BOGUS complaints withing a week. I guess it could be coincidence but our HOA bills come to us and my son's goes to him and he and my husband share the same name.

Now for the icing on the cake. Yesterday, I received a ballot for the new Board elections and the crazy lady next door is running for a spot. If she's elected, I fear that this current annoyance may become a real nightmare and I would really, truly appreciate any advice you good people with Board experience could give me with regard to properly dealing with all of this. We and our son pay our HOA dues ($215) religiously on the 1st of every month and the kids pretty much keep to themselves so this really should not be happening to us. Thank you in advance for your help.
KimberlyR1 (California)
Posts: 3
Posted:
I'm sorry. I just read your rules and realize that I can't post this here. I'm just at a loss and was so excited when I found this forum...I thought I could get some good advice here. Again, I apologize.
RichardP13 (California)
Posts: 1,767
Posted:
Kimberly

Please email at [email protected]

I will be more than happy to help you out and get you pointed in the right direction.
SusanW1 (Michigan)
Posts: 5,202
Posted:
You can attend the board meetings to find out how a member brings issues before the board.

But BEFORE that, talk to an individual board member about your concerns.

You story is complex and full of he said/she said. Lots of counter-complaining.

It is clear that animals are at the center of it. Be sure that YOUR animals are obeying all rules. THEN you can approach the board with a clear issue.

PS WHAT HOATalk rules prevented you from posting your concerns here?
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By SusanW1 on 06/11/2010 4:56 AM

PS WHAT HOATalk rules prevented you from posting your concerns here?

Susan she probably read the posting rules after she posted. which states: Topics from individual homeowners, who are not acting as association volunteers, are not addressed here & may be removed.

While I have seen a few of these type posts pulled, usually when the poster becomes abusive or vulgar, most are not.

Studies show that 5 out of 4 people have problems with fractions
KimberlyR1 (California)
Posts: 3
Posted:
Thank you Richard for your thoughtful response and advice. And Susan, Glen is correct. I read the rules after I had posted. I have one more question. When a resident complains about another resident, is it customary for the HOA when contacting the alleged CC&R/Rules offender to outright accuse them solely based on the word of the complaining resident? I feel very offended simply by some of the language. For example, it says, in part, "Please be advised that you ARE in violation...." and another part "dog residing in your unit barks CONTINUOUSLY ALL DAY / EVERY DAY...." When I called the woman who wrote the letter, she had no direct knowledge and based what she wrote on a phone call from my neighbor. That just seems wrong to me. I, personally, would check things out before making accusations.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
When I called the woman who wrote the letter, she had no direct knowledge and based what she wrote on a phone call from my neighbor. That just seems wrong to me. I, personally, would check things out before making accusations.


Hehe, she is lying to you. Dont believe the neighbor complaint story. She was trying to be non-confrontational because you had her live on the phone.
GlenL (Ohio)
Posts: 5,491
Posted:
Kimberly it is not uncommon for a HOA to take the word of the complainant, we would have directed them to call animal control and file a complaint as your daughter did. The big question is are you sure that the dog is not a barker? Is he alone during the day? It would be easy to cause a dog to bark by scratching on the adjoining wall or something similar. The big thing is not to ignore the letter, is it just a warning letter or a violation notice? As to the woman running for the Board, your family needs to get out and collect as many proxies (if allowed) or ballots as you can to keep her off and someone else on the Board.

Studies show that 5 out of 4 people have problems with fractions
MicheleD (Kentucky)
Posts: 4,491
Posted:
Kimberly, in our HOA each compliant must be confirmed or verified by a board member so that we minimize or reduce those neighbor-against-neighbor complaints.

It's not a perfect system, and it does make it difficult to address the noise issue at times, but in most cases it works.

Apparently your association takes all complaints as "valid" and then leaves the onus on the person accused to "prove the negative," or prove that it whatever is happening ISN'T happening.

As Glen said, you cannot ignore the complaint, and it would be wise for your daughter to ensure that her dog is not barking during the day before it goes much further.

She can do this by installing a sound-activated recording device.

You can let them know that you are working on addressing the issue by first working to determine that the issue even exists.

I don't know what to tell you about the storage of items in the garage because if the covenant says no storage UNLESS the garage has a door, then I'm not sure they can pursue that.

Could your son possibly be leaving the garage door open with stored items in there? If so, he may send a note back that he will ensure his garage door remains closed.

JonD1
Posts: 2,350
Posted:
Kimberly:

I too would suggest you not ignore or simply write off the letter you recieved as unfounded.

I would read the bylaws and or rules of your property to learn the process as to what would be next in the event another complaint is made.

Hopefully, there would be a process under which complaints are handled.

We issue one warning and then the first fine would be sent out.

As the owner of the unit your daughter lives in this falls on your lap not hers and as suggested I would make darn sure your daughter's dog is NOT any sort of problem to the neighbor who complained.

You have two avenues of action. You could visit the neighbor directly IF that would be at all possible to clear the air. Or you should arrange to meet with the Board to address this matter. Again, I would make absolutly sure your daughter's dog was not an issue first.

Many times when dealing with non-resident owners the owner will blindly take the side of the tenant and swear on a stack of bibles no way this could be happening.
If the tenant says it ain't so well then the complainer and the Board must be wrong. Then in the end we all find out the complaint WAS in fact true.

We had a situation when a tenant had a dog for which they did not have permission. I saw the dog with my own to eyes in the unit left alone all day barking his little head off. The tenant swore there was not dog and the unit owner decided that was in fact the case. We warned the unit owner the dog remained and the unit was fined. Then when the fines began the owner actually went over and ofund out for themselves there was in fact a dog. Moral of the story be sure as to what you state as facts.

As to this neighbor now running for the Board. There is a possibility they might plan to use this new position as a tool to further their effrots against you and your son. Allowing her election to occur would open youyrself up to her abusing that position. IF you were to meet with her and idscuus this matter and she was less than receptive I would assume a position on the Board might impct you and your son in a negative way. In that case I would support another candidate, run for the Board myself, or if need be find a candidate I could support instead of her. After the election will be to late.

In many cases once you set a tone for a relationship it is very difficult to change that course unless both parties are willing and able.

Some people will go out of their way to get even when percieve to have been offended. As to the election an ounce of prevention is worth a pound of cure.
If she has filed a complaint with the Board and they have acted on it imagine what will happen when she sits on the Board.

Good luck.

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