Homeowner Association Abuse

O

octaxpayer_IHB

New member
My wife and I moved into an Irvine community with our little son last year because of the family-friendly neighborhood and city. Shortly after we moved in, there was an Association board change. Turns out we moved next door to a newly-elected officer in our neighborhood's Homeowner Association. Well, because we have a child, everything we do gets reported as a violation by this neighbor, who happens to don't like kids. For instance, we had our Christmas lights up 1 day earlier (than what was supposed to be the date that was acceptable to put Christmas lights up) and he reported us. When my mother came over to help babysit our son for a night, and she parked in an acceptable parking space, he called the Patrol to tow away her car because she didn't have a resident permit. She was a guest and she was in the guest parking. Turns out he placed a provision in the statute somehwere (we cannot find it anywhere, but the Association insists it's there. By-the-way, the Associations' rules aren't published, new homeowners don't get a copy of the rules, and if there are rules, it keeps changing all the time) where anyone parking more than 2 hours need to have a resident parking permit at the cost of $200 each. I tried getting this permit, but had to call one person, who did nothing and referred me to another person, then another, then told me to go into the board meeting to request one (which I did...who, my neighbor on the board, said to call the first person again, and this is how it works) to the point I wasted 3 months trying to get a resident permit for my mom, just because she visits us once in a while to help babysit.



This neighborhood is no longer family-friendly with all these rules. Whoever gets elected onto the Board basically puts in their own personal rules and gets their fellow boardmembers (who are friends) to vote it in, no matter if you go in there to protest. This is a very power-hungry board, and our neighbor has used his position on the board to drive out anyone who he personally do not like due to family status, race, and even economic standards (which is illegal if he was a real estate professional.)



What can we do? We paid a lot for our house (more than any of our neighbors did since they've been living here for 20 years already) and pay more taxes than they do. We don't want to have to move, but this neighbor is a real bully and has found a way to redline this neighborhood. If anyone wants to know, I'll be happy to share what neighborhood this is, especially if they have children.
 
[quote author="octaxpayer" date=1237868682]This is a very power-hungry board, and our neighbor has used his position on the board to drive out anyone who he personally do not like due to family status, race, and even economic standards (which is illegal if he was a real estate professional.)</blockquote>


It's illegal regardless of if he's an RE pro or not. Fair housing laws protect familial status just as much as they protect race and it sounds like there may be a case for complaint. Consider the following:



(1) Contact a real estate lawyer and see if you have a case.

(2) Contact a non profit advocacy group: http://www.fairhousingoc.org/

(3) Work with HUD directlyhttp://www.hud.gov/complaints/housediscrim.cfm



Or maybe just printing out some of those forms and explaining your intent to use them at the next association meeting will be the humbling wake up call they need.



Let us know how it turns out.



-4
 
[quote author="octaxpayer" date=1237868682]My wife and I moved into an Irvine community with our little son last year because of the family-friendly neighborhood and city. Shortly after we moved in, there was an Association board change. Turns out we moved next door to a newly-elected officer in our neighborhood's Homeowner Association. Well, because we have a child, everything we do gets reported as a violation by this neighbor, who happens to don't like kids. For instance, we had our Christmas lights up 1 day earlier (than what was supposed to be the date that was acceptable to put Christmas lights up) and he reported us. When my mother came over to help babysit our son for a night, and she parked in an acceptable parking space, he called the Patrol to tow away her car because she didn't have a resident permit. She was a guest and she was in the guest parking. Turns out he placed a provision in the statute somehwere (we cannot find it anywhere, but the Association insists it's there. By-the-way, the Associations' rules aren't published, new homeowners don't get a copy of the rules, and if there are rules, it keeps changing all the time) where anyone parking more than 2 hours need to have a resident parking permit at the cost of $200 each. I tried getting this permit, but had to call one person, who did nothing and referred me to another person, then another, then told me to go into the board meeting to request one (which I did...who, my neighbor on the board, said to call the first person again, and this is how it works) to the point I wasted 3 months trying to get a resident permit for my mom, just because she visits us once in a while to help babysit.



This neighborhood is no longer family-friendly with all these rules. Whoever gets elected onto the Board basically puts in their own personal rules and gets their fellow boardmembers (who are friends) to vote it in, no matter if you go in there to protest. This is a very power-hungry board, and our neighbor has used his position on the board to drive out anyone who he personally do not like due to family status, race, and even economic standards (which is illegal if he was a real estate professional.)



What can we do? We paid a lot for our house (more than any of our neighbors did since they've been living here for 20 years already) and pay more taxes than they do. We don't want to have to move, but this neighbor is a real bully and has found a way to redline this neighborhood. If anyone wants to know, I'll be happy to share what neighborhood this is, especially if they have children.</blockquote>


How about putting a brick through his windshield?



Hire an attorney. This is harassment.



You could also hire a private investigator to dig up a bunch of dirt on him. Hopefully you can find something egregious (you probably will), and forward the information to the police, his employer, etc. With any luck he'll be out of a job or in jail in no time.
 
Sorry to hear about your plight octaxpayer. There isn't much you can do besides rally your neighbors, get yourself on to the board, get petitions signed, etc. HOA boards must keep board meeting minutes by law. As a homeowner, you can ask for a copy of any/all of them. No changes to rules would/should be made outside of these meetings unless they have agreed to quorum electronically, e..g. via conference call or email.



I was the president of a HOA for a few years. My neighbor and I joined the board so we could provide counter-balance to the power-hungry, neighborhood watch types. One of our members was very similar to your neighbor and she was constantly reporting violations of those that lived right around her. My advice - get yourself on to the board at the next election and stir things up. In my opinion, too few "normal" people care enough to serve on HOA boards and leave the job up to those living less of a life. This results in problems such as you are having.
 
...and here's one of the major reasons to avoid any house with a HOA, which probably means avoiding most of Irvine, of course. Why pay more to get harrassed like this? Any HOA property has a chance of a change in board so you get nazis with personal grudges. Total crap shoot.
 
Have you tried befriending him? What if you invited him over for a family dinner or barbeque? Put all the ugliness aside for an evening and let him get to know you and your family as human beings whom he can talk to if he has problems or concerns.



It's worth trying before you lay out money for lawyers and lay out the emotional energy of putting up a fight. I'd spend a month ignoring the past and doing everything I could to try to win him over - take him cookies, offer to help him out in any way possible, be the dream neighbor you wish he was.
 
[quote author="Astute Observer" date=1237931430] However, I still like the idea of brick thru his windshield.... nothing in the world will make one's life more interesting to have some nice enemies around as neighbors. LOL</blockquote>


I can hear the banjo playing in the background.
 
Today he had my mother's car towed away. Yes, we have tried befriending him. My wife and child baked cookies during Christmas and walked over to each of our neighbors with personalized plates of cookies for presents (including him.) We say "hi" to him and his family all the time. He does all of this behind our back because he wants to appear as the nice guy in front of all the other neighbors, but we know it is him because we pretty much keep to ourselves, and he's the only neighbor who can see we have a child regularly - when we take our child to his autism therapy classes. And my mother just went through cancer surgery and radiation to come over to visit. I'm not making this up, but this man has no heart. Can you believe that?
 
Octaxpayer has just become the poster child for all of the reasons there are so many of us here that wouldn't be caught dead living in Irvine.
 
Is there a way to do something about this through the Property Management Company? Can we report this Member of the Association to the Board's President?
 
I would like to know which neighborhood you are talking about- if you don't mind sharing.



I have never heard of rules for when it is appropriate to put up Christmas lights! I am sorry you are having to deal with this guy.
 
[quote author="octaxpayer" date=1238118904]Is there a way to do something about this through the Property Management Company? Can we report this Member of the Association to the Board's President?</blockquote>


You are not going to muzzle this person. If you get an attorney and sue the HOA for harrassment, it will only slow your buddy down. But it will give you time to prepare for the end solution....................



That being sell your home and move. Even if you do nothing wrong (get rid of your kids, never have any lights, no guests over) this person's mission is to make sure the neighborhood rules are enforced 10/10s and he/she will not stop.



This is your HOA hard at work people. This is what you are paying extra for. If you want to be repressed, get into a bad marriage or join a S&M club, not an HOA.
 
Set your BBQ grille to the side next to his yard. Grille fish and spread this all over. Do this several times per week and especially while he is entertaining or holding a HOA meeting in his backyard.



<img src="http://importfood.com/media/spnf1301.jpg" alt="" />
 
Please tell us which neighborhood this is happening in. Who knows? Maybe some forum readers live there and can support your cause. I also agree with looking into accessing any of the numerous avenues of nonprofit legal groups who specialize in this area. I dont know much about HOA law, specifically, but if its just a derivative of standard contract law, it sounds like you have something for your claim going on the "unwritten rules" portion...



sounds like you may have been diligent in seeking out the rules and preventative action from the appropriate sources.

sounds like you may have a nice little case to take to a small claims court, in a day off work, to recover the towing fees.



....it also sounds like you should put a brick through his windshield.
 
octaxpayer: I'm curious. Do you have a driveway? If you do, is your guest allowed to park in it or is it restricted by board rules? I think if you contact your property management company you should be able to get a copy of the CC&Rs;. Go ahead and tell us what neighborhood this is or if you don't want to spell it out for the sake of Google-ability, then just give a big hint or put asterisks between some of the letters.
 
I had a douchebag neighbor do this. He towed all three cars out of my driveway and garage. After about 1000 dollars and confrentation, he said it wasn't him. I even caught him one night trying to tow them away again. I put the tow agency on report (for towing away from my garage.



Later I put sugar alcohol/acid degreaser in his gas tank. After about 1-2 gallons over time, it destroyed his fuel system, injectors, engine, and pretty much his car. He drove a BMW.... Thankfully I sold the house about a month later, then I singed him up for porn sites. I think getting dirt on the douchebag and taking him to court would be a wonderful idea. Nothing like hitting somebody in the pocketbook.



good luck

-bix
 
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