QUESTION
How do I stop harassment from hoa board members that are condoned by property management?
Asked on Jul 13th, 2015 on Real Estate - California
More details to this question:
We did not comply to rules within our HOA bylaws in regards to submitting in writing asking to approve a shed. After receiving a courtesy letter I went to the property management to acknowledge our error and what steps needed to correct it. CID instructed me to submit an approval even though I was out of compliance.I did along with contacting the city to attain a building permit. The city told me that the shed we put up was under the measurements needed for a permit. I added all the information needed to submit but instead of a denial or approval I received a hearing date for May 14 2015. I was able to reschedule my hearing to Aug 13 2015. On July 07 2015 I received a letter informing me that a hearing took place on June 11 2015 and that a revocable fine of $400.00 assessed. I have already agreed to remove the shed but now I am receiving courtesy letters for issues that have been resolved in the past.
1 ANSWER
You desperately need to make peace with your HOA and HOA Board. They can assess fines and penalty assessments. They can hire an attorney to enforce the CC&Rs and collect unpaid fines and penalty assessments. The attorneys fees get added to what you owe. Ultimately, the HOA can have the attorney sell your unit to pay what's owed, and do all of the that without ever suing you or going to court.
As soon as you get the shed removed and correct all their other complaints, then you can ask them to cancel any fines. They don't have to, but if you ask nicely and point out how much money you have lost buying and then getting rid of the shed and correcting their other complaints, maybe they'll have pity on you. This is the age of the victim. No one wins trying to bully the other side. Victims win by generating sympathy.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Jul 16th, 2015 at 2:36 PM