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  1. #1

    Default HOA at War with Me

    My question involves real estate located in the State of: California
    So my hoa lost a battle last year with me regarding a flag pole my son and I put up and they hate me.
    So now, they are going after me for a small yard fake animal (a rat) that was put up before Halloween a couple of years ago and left on the mail box because when we where taking down all the Halloween decorations the mail carrier like it and so after talking to him, we left it out.
    Letter is a hearing that states "failure to remove stuffed rat from atop the mailbox"
    The CC&R's 15.2.16 states, "All structures within the Project shall at all times be maintained by their respective Owners in a clean, first-class and properly painted condition."
    They say they'll fine me up to $100 for first violation, $100 for second and third $200 and continue fines until cured.
    Need some help in fighting this if there is any way, at the least make it miserable for them.
    First that I noticed is that they gave me notice less than 10 days before hearing.
    Second, I drove around and took pictures of other owner's mailboxes that look like hell; rusted, paint weathered etc. Mine is newly painted but yep, has a stuffed rat glued to it. Totally selective.
    Also, lots of other owners have lots of little yard animals of all kinds of material all over the place; I'm not the only one with yard things.
    I've researched some things and need help on this; It doesn't seem to fit what they are trying to hit me up with a fine for and clearly are going after me for the flag pole loss.
    Is this fight hopeless?
    At the very least, I'd like to make it miserable for them
    Regards and thanks
    D.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,602

    Default Re: HOA at War with Me

    If you're talking about a war, you almost certainly will lose. Your HOA will use your own money to defend themselves against any litigation you start.

    You have no right to "make things miserable" for people. This is the attitude that is going to work against you (and really, if that is how you feel, a community are always going to be problematic for you).
    Threatening to fine you for violations of the rules is certainly within their purview. If they actually go to try to enforce a rule/covenant whatever, then you can possibly raise a challenge/defense, but it takes a lot more than "other people are technically breaking the rules" to excuse your violations. As your mother told you growing up: two wrongs don't make a right.

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

    Default Re: HOA at War with Me

    Ditto what flyingron wrote. Plus this.

    1. Move rat.
    2. Sell house.
    3. Buy a new house not in an HOA.
    4. Be happy.

  4. #4

    Default Re: HOA at War with Me

    They are going after me for a violation for paint?? My mailbox is newly painted the same color. They are selectively going after me for a violation of something that doesn't even make sense.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,602

    Default Re: HOA at War with Me

    Quote Quoting Riker0007
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    They are going after me for a violation for paint?? My mailbox is newly painted the same color. They are selectively going after me for a violation of something that doesn't even make sense.
    Unless you didn't explain yourself well, this has nothing to do with the paint, but the rat. Of course, it is a little ambiguous as to what "first class" means. You can argue that a fake rat is clean.

  6. #6
    Join Date
    Oct 2016
    Posts
    3,847

    Default Re: HOA at War with Me

    Quote Quoting Riker0007
    View Post
    They are going after me for a violation for paint?? My mailbox is newly painted the same color. They are selectively going after me for a violation of something that doesn't even make sense.
    We have no idea what they are going after you for other than what you wrote.

    Saying others are getting away with whatever isn't going to help you much.

  7. #7
    Join Date
    Mar 2013
    Posts
    17,788

    Default Re: HOA at War with Me

    Quote Quoting Riker0007
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    So my hoa lost a battle last year with me regarding a flag pole my son and I put up
    I (and perhaps others) would be interested in how that success came about since you didn't come back to the flag thread with any results:

    https://www.expertlaw.com/forums/sho...d.php?t=241697

    Quote Quoting Riker0007
    View Post

    So now, they are going after me for a small yard fake animal (a rat) that was put up before Halloween a couple of years ago and left on the mail box because when we where taking down all the Halloween decorations the mail carrier like it and so after talking to him, we left it out.

    Is this fight hopeless?
    At the very least, I'd like to make it miserable for them
    Yes, it's hopeless. You aren't going to make anybody miserable other than yourself when they fine you and put a lien on your house.

    You won the flag thing because there are laws that protect your right to fly the flag.

    This rat thing is really a stupid reason to fall on your sword. Take it down and be done with it.

  8. #8
    Join Date
    Mar 2013
    Posts
    1,255

    Default Re: HOA at War with Me

    Quote Quoting Riker0007
    View Post
    Letter is a hearing that states "failure to remove stuffed rat from atop the mailbox"
    The CC&R's 15.2.16 states, "All structures within the Project shall at all times be maintained by their respective Owners in a clean, first-class and properly painted condition."
    Sounds like a little malicious compliance is in order. So......Paint the rat to maintain it in a clean and first class condition. Perhaps a nice combination of Red, White and Blue. After all, who could complain about such a patriotic color scheme?

  9. #9

    Default Re: HOA at War with Me

    If there was an actual CC&R rule regarding yard decorations and what and where can be out at the sole discretion of the board that they are fining me over, then fine I'll remove it. They are not. And as far as a lien? Don't they actually have to file some sort of court documents??
    I also don't understand why so many here are pessimistic on how to go after a group of power hungry Nazis.
    So, I can pay whatever fine and then take to small claims??
    Would getting a list of my neighbors that are ok with it help?
    Anything??

    Quote Quoting L-1
    View Post
    Sounds like a little malicious compliance is in order. So......Paint the rat to maintain it in a clean and first class condition. Perhaps a nice combination of Red, White and Blue. After all, who could complain about such a patriotic color scheme?
    Now your talkin!

  10. #10
    Join Date
    Oct 2016
    Posts
    3,847

    Default Re: HOA at War with Me

    Quote Quoting Riker0007
    View Post
    1. I also don't understand why so many here are pessimistic on how to go after a group of power hungry Nazis.
    2. So, I can pay whatever fine and then take to small claims??
    3. Would getting a list of my neighbors that are ok with it help?
    4. Anything??
    1. Because it is a losing battle and they are going to fight you with your own money.
    2. Sure. You may not win
    3. Not unless all those folks are going to vote for you to take over the board.
    4. See my previous post about getting out from under the HOA.

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