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  1. #21

    Default Re: HOA at War with Me

    Quote Quoting budwad
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    Sure is. CA is a two party consent state meaning that if the parties to the audio and visual don't agree to allow the recording, then you can't do it.




    To what advantage is it to you to post a dispute with your HOA on social media?



    Whether or not you are entitled to executive minutes and other closed door documents that are produced in a closed door executive secession and under what circumstances) is founded in the four corners of your contract (the CC&Rs). If a HOA was a public body, it would be a different story.
    I would like to post to show how crappy the management company is and on how the HOA treats people. No one knows.
    Again, last time I was kicked out for questioning why the HOA was sending out advertisements in the HOA newsletter and bill/statement. I asked if they were paying the postage and I would like to have my business be promoted/sent out too. They got pissed and kicked us out. They ultimately stopped it. I think the board member was a realtor that was bootlegging or something. They tried to say it helped the community. I just said either they should have to pay for postage and or what's to stop every business in the area from asking to have their business put in the newsletter/bill? Mass mailings, people toss, but if it comes in via the HOA stuff, people will read. I think this was the start of them hating me.

    Also, what section was the info on only placing a lien on not paying dues or special assessments?

  2. #22
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,585

    Default Re: HOA at War with Me

    Again, last time I was kicked out for questioning why the HOA was sending out advertisements in the HOA newsletter and bill/statement. I asked if they were paying the postage and I would like to have my business be promoted/sent out too. They got pissed and kicked us out.
    This appears to be very unusual behavior. How did they actually "kick" you out? Was there an altercation? Was there a vote of the board to remove you from the meeting? Did they have a rent-a-cop on hand to keep order and physically remove you?
    Resistance is not futile; it is voltage divided by current.

  3. #23

    Default Re: HOA at War with Me

    Quote Quoting LandSurveyor
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    This appears to be very unusual behavior. How did they actually "kick" you out? Was there an altercation? Was there a vote of the board to remove you from the meeting? Did they have a rent-a-cop on hand to keep order and physically remove you?
    No. There where three homeowner's there. The board was there and one nasty board member on the phone. Said we had to leave after the first homeowner was questioning something about painting her fence then I ask about the homeowner new letter/statement and endorsing certain businesses. Again, from what I remember it was a realtor that was a relative or friend of a board member and some of the local restaurants etc. They never said they are gonna go into executive session and I remember thinking it was not right.
    Never did I yell or get into argument. My brother had his three kids there that never said a word while we asked the questions

  4. #24
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,585

    Default Re: HOA at War with Me

    Never did I yell or get into argument. My brother had his three kids there that never said a word while we asked the questions
    Sounds as if you need to have new slate of officers in your HOA. I have lived in the same HOA for 25 years, and it existed for as long before that. Several years ago, "Shiela" got elected President and immediately started nit-picking. She was on everyone for tidiness, having the trash trolleys back in the garage immediately, etc etc. We had her voted out at the next meeting.

    Obviously we are in different states with different CCR's but the concept is the same in that HOA jerks can be voted out. In some jurisdictions, a simple petition signed by a majority can bring things to an immediate halt and require an election. I have no idea, of course, what your situation is, and as we don't seem to have any California HOA experts here, I would humbly suggest checking out a more relevant site focused on California HOA issues.
    https://hoalaw.tinnellylaw.com/sb-32...election-laws/

    I have no relationship or interest in the above and only post it as a starting point for more information.

    Your HOA board likely already has an attorney on retainer, so your best bet might be contacting other unhappy residents and getting your own legal counsel. Asking an attorney for advice in this matter does not obligate you for a lawsuit. You might get good advice as to your next step in solving the problem.
    Resistance is not futile; it is voltage divided by current.

  5. #25

    Default Re: HOA at War with Me

    Update to my fight with HOA: Went to the meeting and presented them with numerous poorly painted and run down mailboxes and plead my case.
    Today I got a letter stating that I was correct in that they wrongfully claimed I violated the "clean, first class, properly painted" rule. But now are saying I did not get architectural approval for a change in design of my mailbox to include a stuffed rat, nor would the architectural committee approve this condition as it is in vast contrast to the harmonious design of the mailboxes within the tract, I failed to bring in holiday decorations within 2 weeks after the conclusion of said holiday, and failed to bring in lawn furnishings and children's toys, including bicycles, should be stored out of sight when not being use.
    They would not accept any list of other members approving of my mailbox, no matter how many I got to sign a list.
    I asked for the list of members. They denied me the list without a justified reason. What is one other than I want to inform my neighbors of what is going on and conduct a survey on yard decorations? What reason would they have to legally provide me it?
    Thanks

  6. #26
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,665

    Default Re: HOA at War with Me

    Quote Quoting Riker0007
    View Post
    Update to my fight with HOA: Went to the meeting and presented them with numerous poorly painted and run down mailboxes and plead my case.
    Today I got a letter stating that I was correct in that they wrongfully claimed I violated the "clean, first class, properly painted" rule. But now are saying I did not get architectural approval for a change in design of my mailbox to include a stuffed rat, nor would the architectural committee approve this condition as it is in vast contrast to the harmonious design of the mailboxes within the tract, I failed to bring in holiday decorations within 2 weeks after the conclusion of said holiday, and failed to bring in lawn furnishings and children's toys, including bicycles, should be stored out of sight when not being use.
    They would not accept any list of other members approving of my mailbox, no matter how many I got to sign a list.
    I asked for the list of members. They denied me the list without a justified reason. What is one other than I want to inform my neighbors of what is going on and conduct a survey on yard decorations? What reason would they have to legally provide me it?
    Thanks
    Again, how much is your stuffed rat worth you? If you want to compel the HOA you'll have to sue them. You've already been told this.
    "Where do those stairs go?"
    "They go up!"

  7. #27
    Join Date
    Nov 2013
    Posts
    7,004

    Default Re: HOA at War with Me

    Quote Quoting Riker0007
    View Post
    But now are saying I did not get architectural approval for a change in design of my mailbox to include a stuffed rat, nor would the architectural committee approve this condition as it is in vast contrast to the harmonious design of the mailboxes within the tract, I failed to bring in holiday decorations within 2 weeks after the conclusion of said holiday, and failed to bring in lawn furnishings and children's toys, including bicycles, should be stored out of sight when not being use.
    How about you post the wording from the CC&Rs that address those section that speaks to the architectural committee approvals and storage of children's toys and holiday decorations?

  8. #28

    Default Re: HOA at War with Me

    Quote Quoting budwad
    View Post
    How about you post the wording from the CC&Rs that address those section that speaks to the architectural committee approvals and storage of children's toys and holiday decorations?
    Violation 1:
    Section_14.2_ Submissions and Approvals Required.
    14.2.1 No building, fence, wall, stable, barn, outbuilding or other structure, landscaping or improvement including, but not limited to, solar heating panels, lighting, shades, screens, awnings, patio covers, decorations, screen doors, aerials, antennas, radio or television broadcasting or receiving devices and air conditioning units (collectively "Improvements") shall be commenced, erected, placed or altered upon any Lot or Condominium until the location and complete plans and specifications showing the nature, kind, shape, height and materials, including the color scheme, have been submitted by personal delivery or certified mail, return receipt requested, to and approved, writing, as to harmony of external design and location of surrounding structures and topography, by the Architectural Committee, composed of three (3) representatives, as described in Section 14.1 of this Master Declaration.. The Architectural Committee may designate an agent (i.e. an architect) for the purpose of assisting in the review of such location, plans and specifications or other requests and may charge the Owner making a submission the costs of such agent's review. Approval shall be by majority vote of the Architectural Committee. In the event the Architectural Committee fails to approve or disapprove such location, plans and specifications or other requests, in writing, within sixty (60) calendar days after receipt of the submission thereof to it and written acknowledgement to the Owner of all information requested by the Architectural Committee, then such approval will not be required and the Improvement shall be deemed approved, provided that any structure or Improvement so erected or altered conforms to all of the conditions and restrictions herein contained, and is, in the subjective opinion of the Architectural Committee, in harmony with similar structures erected within the same Phase of the Project. Grade, level or drainage characteristics of the Lot or Condominium or any portion thereof, shall not be altered without the prior written consent of the Board or its designated committee. This approval requirement shall not apply to the original construction of Master Declarant or a Merchant Builder; provided any successor or assign who acquires any portion of the Project from a Merchant Builder must receive approval of all proposed Improvements from Declarant. Each Owner shall be responsible for obtaining all necessary approvals or permits from applicable governmental entities or agencies and shall comply with all laws, codes and regulations concerning the construction of any such Improvement.
    14.2.2 The Architectural Committee shall have the right and duty to promulgate its own reasonable subjective standards against which to examine any request made pursuant to this Article in order to ensure that the proposed plans and Improvements delineated therein are in conformance with and are harmonious with the exterior design and existing materials of the buildings in the Project and to ensure that all such Improvements are in substantial conformance with the Design Guidelines. The Design Guidelines can be amended, changed, or modified from time to time by the Board of Directors without a vote of the Members, however, the Board of Directors must obtain the Master Declarant's written consent and the City's written consent to such amendment, change or modification. The Architectural Committee shall consider and act upon any and all plans and specifications submitted for its approval under this Master Declaration, and perform such other duties as, from time to time, shall be assigned to it by the Board, including the inspection of construction and progress to ensure its conformance with the plans approved by the Architectural Committee. Further, the Architectural Committee shall have the right to promulgate additional architectural guidelines (the "Guidelines") with respect to Improvements and/or landscaping within the Project which Guidelines shall be adhered to by all Owners within the Project, except as otherwise provided in this Article 14.
    14.2.3 The Architectural Committee shall approve the plans and specifications submitted for its approval only if it deems, in its sole subjective discretion, that (a) the construction, alterations or additions contemplated thereby and the locations indicated will not in the Architectural Committee's sole subjective discretion, be detrimental to the esthetic appearance of the surrounding area and of the Project as a whole; (b) the appearance of any structure affected thereby will be in harmony with the surrounding structures; (c) the construction thereof will not detract from the beauty, wholesomeness and attractiveness of the Master Common Area, or the enjoyment thereof by the Owners; and (d) the upkeep and maintenance thereof will not become a burden on the Master Association. The Architectural Committee may condition its approval of proposals or plans and specifications for any Improvement upon: (a) such changes therein as it deems appropriate; (b) the agreement by the person submitting the same to grant appropriate easements to the Master Association for the maintenance of the Improvement; or (c) the agreement of the person submitting the same to reimburse the Master Association for the cost of such maintenance, or.all of the above; and the Architectural Committee may require submission of additional plans and specifications or other information prior to approving or disapproving the submission.
    14.2.4 The Architectural Committee may issue its own rules or guidelines setting forth procedures for submission of plans for approval, requiring payment of a fee to the Master Association to accompany such submission of plans and specifications, or setting forth additional factors which it will take into consideration in reviewing submissions.
    14.2.5 The Architectural Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, drainage plans, elevation drawings, landscape plans and description or samples of exterior material and colors.

    Violation 2:
    Lawn furnishings and children's toys, including bicycles, should be stored out of sight when not being used.

    Violation 3:
    holdiday lighting or similar decorations must be removed within two weeks after conclusion of said holiday.

  9. #29
    Join Date
    Nov 2013
    Posts
    7,004

    Default Re: HOA at War with Me

    Should we assume that there is nothing in the CC&Rs that addresses violation 2 & 3? Or is this something that the Architectural Committee has passed as rules and has codified somewhere?

  10. #30

    Default Re: HOA at War with Me

    Quote Quoting budwad
    View Post
    Should we assume that there is nothing in the CC&Rs that addresses violation 2 & 3? Or is this something that the Architectural Committee has passed as rules and has codified somewhere?
    Not sure. It was a rules and regulations book. I was unable to find it in my paperwork (bought home 20 years ago) so I got my mom's (she bought about 5 years ago). It's a small little book that is a supplement. I have been unable to find any thing in the original docs.

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