QUESTION

Do I have a case if I felt that the board director of HOA is threatening me?

Asked on Jan 12th, 2016 on Landlord and Tenant Law - California
More details to this question:
I owned my condo in a year and I don't know much about the rules on renting. So I list my condo online for short term leasing. I got messages from HOA board director who is pretending as a renter and sent me message that I have to take them down otherwise he will put me in enforcing rules. I replied and asked why can’t I rent it and who is he? I let him that I felt he's threatening me. He replied "too bad you don't like my tone, our lawyer will follow up". I felt I was threatened by him again.
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3 ANSWERS

That type of comment is not actionable. The law would not consider that a threat, as there is no statement of physical or improper harm to you. ?You need to find out the rules about renting your unit out. Unless the By Laws [CC&R which they should have given you when you bought the condo] prohibit renting, which would be very unusual, you should be able to rent it out [but must abide by limit on number of people in unit, etc.] Politely ask him what you have done wrong as you do not want to violate any rules. If you feel he will be too rude, e-mail him and ask that he e-mail you back [that also gives you a written record].
Answered on Feb 04th, 2016 at 12:21 AM

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As a condo owner, it is your responsibility to know the rules about renting your unit. You can find out these rules by obtaining and reading a copy of your association?s CC&Rs and/or your Association?s Rules, which were probably provided to you at the time that you bought your unit. If you don?t have or cannot find your CC&Rs and/or Rules, then ask the Board or management company (if your association has one) for a copy. If all the HOA director did was to tell you that he would enforce the rules about renting or that he would have the association attorney contact you, this is not a ?threat? that gives rise to a legal action (even if he said it in a nasty tone of voice). There is nothing wrong with someone threatening to use a proper legal recourse to enforce HOA rules.
Answered on Feb 03rd, 2016 at 4:49 PM

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You need to read the HOA policies on short term leasing. You either are or are not violating them. Tone and being "threatened" are NOT relevant.
Answered on Feb 03rd, 2016 at 4:49 PM

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