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  1. #31

    Default Re: HOA at War with Me

    Update:
    So my son put a little red heart on the rat in observance of valentine's day.
    I sent an email to them saying: A stuffed rat attached to mailbox does not meet the necessary requirements to be in violation of any architectural standard. My mailbox is original, clean, painted, and in higher standard than the photos of the ones I presented at the previous wrongful selective enforcement hearing.
    As of now it is our Valentine holiday rat. It might be taken down to meet the 14 day holiday requirement. If we wish to celebrate any other holidays that fall after Valentine’s Day we may put it out in celebration. As of now, the next holiday will be St. Patrick’s day, then our Fourth of July and so on. Please provide me with the section in the Cc&R stating how many days before a holiday can decorations be placed on my property to celebrate holidays we wish to.
    I also requested a list of HOA members so I can perform a survey regarding holiday decorations etc.
    I also requested documents allowed in section 5200 for that last two years.

    A letter came from an attorney representing the HOA Board.
    They provided me an incomplete list and did not make the time deadline per code:
    They removed some of the board member's home info and at least one more : (They have sent my brother a notice that his trees are blocking the view of the people living caddy corner behind his rental. Now I can see on the list a box that can be checked to opt in. I opted out so my box is not checked. My brother and dad's are checked (they never opted out) So there is some selective things going on here. They appear to be retaliating against me/family. Legal?

    They attorney failed/refused to provide me with the following stating it's too vague and fails to identify the requested documents with any specificity: Seems like a stall tactic as I asked for the last two years of info. Is that Legal??
    Any financial document required to be provided to a member in Article 7 (commencing with Section 5300) or in Sections 5565 and 5810.
    Any financial document or statement required to be provided in Article 2 (commencing with Section 4525) of Chapter 4.
    Interim financial statements, periodic or as compiled, containing any of the following:
    Balance sheet.
    Income and expense statement.
    Budget comparison.
    General ledger. A "general ledger" is a report that shows all transactions that occurred in an association account over a specified period of time. The records described in this paragraph shall be prepared in accordance with an accrual or modified accrual basis of accounting.
    Executed contracts not otherwise privileged under law.
    Written board approval of vendor or contractor proposals or invoices.
    State and federal tax returns.
    Reserve account balances and records of payments made from reserve accounts.
    Agendas and minutes of meetings of the members, the board, and any committees appointed by the board pursuant to Section 7212 of the Corporations Code; excluding, however,minutes and other information from executive sessions of the board as described in Article 2 (commencing with Section 4900).
    Membership lists, including name, property address, and mailing address, but not including information for members who have opted out pursuant to Section 5220.
    Check registers.
    The governing documents that I might not already have.
    An accounting prepared pursuant to subdivision (b) of Section 5520.
    An "enhanced association record" as defined in subdivision (b).
    "Enhanced association records" means invoices, receipts and canceled checks for payments made by the association, purchase orders approved by the association, credit card statements for credit cards issued in the name of the association, statements for services rendered, and reimbursement requests submitted to the association.

    Finally they have now charge me with different violations that they first two times:
    First one:
    No noxious or offensive activity shall be carried on in any lot, nor shall anything be done which may be, or may become, an annoyance or nuisance to the neighborhood, or which shall in any way interfere with the quiet enjoyment or use by each of the owners lot or shall in any way increase the rate of insurance. They "emphasized the bold part"
    Second one:
    "All weeds, rubbish, debris, or unsightly items of any kind shall be regularly removed from the property in a timely fashion." Bold emphasized
    Thirdly:
    They are still trying to go for the Lawn furnishing and children's toys, bicycles and basketball hoops part.

    They demand I immediately remove rat and comply or face legal remedies including, not limited to, lawsuit seeking an injunction, ordering me to comply and to compensate the HOA for attorney's fees, fines and cost incurred. They also said "The attorney's fees you may be responsible for, in addition to any incurred by me, will be significant."
    Since these are new violations and states I'm to contact this attorney and not the HOA any further, don't they have to inform me of what penalties and fines I may incur because the letter did not. Everything else was there as per their own rules about the procedure.
    Thoughts and help anyone?

    I have found several sections that state each party to a dispute is responsible for their own attorney's fees.

  2. #32
    Join Date
    Nov 2013
    Posts
    6,825

    Default Re: HOA at War with Me

    You have taken on a battle with your HOA that will likely get you fined and sued. You are now making demands for financial records on the HOA that really have nothing to do with your initial problem. They see it for what it is and you are going down a dangerous path.

    If you want to take on this battle, I suggest that you consult with a CA attorney that handles condominium law before the HOA takes enforcement steps against you and your brother. After they do, you will need an attorney so be pro-active.

  3. #33

    Default Re: HOA at War with Me

    Quote Quoting budwad
    View Post
    You have taken on a battle with your HOA that will likely get you fined and sued. You are now making demands for financial records on the HOA that really have nothing to do with your initial problem. They see it for what it is and you are going down a dangerous path.

    If you want to take on this battle, I suggest that you consult with a CA attorney that handles condominium law before the HOA takes enforcement steps against you and your brother. After they do, you will need an attorney so be pro-active.
    So it's a nothing there burger regarding this selective enforcement and harassment? They keep wrongfully going after me for different violations and now my brother. One of the claims now, deals with noise! As far as the documents, I've uncovered things in my readings that lead me to believe they are corrupt. And am I not entitled to these documents? Have they not violated the law in being late to provide me with my requests?
    They can actually place a lien on my home if I refuse to pay any ridiculous fines? Can they make me pay attorney's fees if it states in the cc&r that each party will pay their own?

  4. #34
    Join Date
    Nov 2013
    Posts
    6,825

    Default Re: HOA at War with Me

    You're getting in over your head. Consult with an attorney before it's too late.

  5. #35

    Default Re: HOA at War with Me

    So if I remove the rat, can I put up an owl like one of the board directors has? I complied and removed rat, replaced with owl. A st. patrick's day owl

  6. #36
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,576

    Default Re: HOA at War with Me

    Quote Quoting Riker0007
    View Post
    So if I remove the rat, can I put up an owl like one of the board directors has? I complied and removed rat, replaced with owl. A st. patrick's day owl
    At this point the HOA is represented by an attorney and you are represented by an owl.
    Resistance is not futile; it is voltage divided by current.

  7. #37

    Default Re: HOA at War with Me

    Quote Quoting LandSurveyor
    View Post
    At this point the HOA is represented by an attorney and you are represented by an owl.
    Wow. That is so intellectually insightful and helpful, coming from a senior member. Thanks for that very helpful information.

  8. #38
    Join Date
    Oct 2016
    Posts
    3,847

    Default Re: HOA at War with Me

    Quote Quoting Riker0007
    View Post
    Wow. That is so intellectually insightful and helpful, coming from a senior member. Thanks for that very helpful information.
    But true. If you aren't a lawyer and you are going up against one you are taking a knife to a gunfight.

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