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HOA advice needed? Beyond harassment?
HOA advice needed? Beyond harassment?
We have had problems with a neighbor recently that we thought were resolved. She was good friends with the HOA president. (she was making false reports on us and we had to jump hoops to prove to the board that all of her allegations were false and she therefore was evicted when we proved it..)
Anyway last night we caught the HOA president (who turned out to be somewhat drunk..) trying to break and enter into our house through the garage! He told us he was coming in to "shut up our dogs".. (Dogs were not even barking at all and were asleep inside!) We called the cops and they advised us to go way above and beyond the HOA head and to file a lawsuit at this point. I would appreciate advice. I want to get a restraining order against this guy for starters..I have two young kids in the house and my daughter is terrified. What should I do? And please don't say move..that is not an option right now.
20 Answers
- Anonymous1 decade agoFavorite Answer
I would spit in the face of a HOA like that. Yes I would get the restraining order and I would find the meanest sleazebag lawyer to threaten the hell out of the HOA and I would ceceed from said HOA. What the heck can they do to you? This is America, I would not join a HOA if I was the only neighbor in the whole county that wasn't in it. It's just one more attempt at people telling me what I can and can't do.
I guess I'm funny like that but I mind my own business and I expect my neighbors to damn well do the same. If you think my grass needs cutting and would like to cut it for me, I'll be greatful and bend over backwards to help you in any way I can but don't dare knock on my door or send me a note to tell me I need to cut my grass or some crap like that! I work for a living and don't particularly care to have someone else line out my free time for me.
I think I would have beat the man half to death if I caught him doing that at my house, in fact, if I were you, I'd probably be in jail right now for assault.
I'm so sorry to hear you're having troubles and my best advice is to find a good lawyer. I wouldn't move and I wouldn't care if everyone in the neighborhood hated me. I would definitely have paid my last HOA dues after this and I would likely give the neighbors reason to think about moving! GOOD LUCK and I will be cheering you on. If you'd like, I can help you find some junk vehicles to put in your yard, let me know! ; )
- The CatLv 71 decade ago
First off, you should NOT move. : )
Second, What in the hell is wrong with those people?
Thirdly (and most important) Yes, file a lawsuit against the hoa and against the president personally. TODAY, go and file the restraining order. Just because he is the president of the HOA, does NOT give him ANY authority to enter your home or garage. EVER! My dad was pres of an HOA once.
Fourth. Did you know that if you shoot someone INSIDE your house, it's considered self defense? Just make sure he is INSIDE your house. With the kids, you have an airtight case. Freakin pedophile! Suggest he was going to harm your dogs and your children.
Glad your other neighbor was evicted, that some worry off your shoulders.
Fifth. he was going to shut up your dogs? If they weren't barking, what EXACTLY did he mean. He's threatening your dogs! USE THAT AGAINST HIM! Seriously! Animal abuse is a crime.
Sixth. The Cat will take care of it all for you. He's good at "taking care" of unwanted things, spiders, bugs and probably even people.
Good luck!
- icunurse85Lv 71 decade ago
In your HOA are you allowed to have a security system? That is what I would suggest you do immediately because law suits can take awhile, but I would pursue that. The home security system would at least give you and your family peace of mind. I am not that familiar with HOA's, but there needs to be a "dethroning" of that president. Just because they are president does not give them the right to invade your private property. You need to talk to other neighbors about this person and warn them as well. From what I understand (from my brother) a HOA can be a really good thing as neighbors look out for each other and it can also be a really bad thing because people feel like they can tell other home owners what they can and cannot do because they live in the area. It can get so ridiculously political that some more than likely go around to the yards and piss on them to mark their "territory". My heart goes out to you and your family. And, I think your daughter might feel safer to sleep in your room until the security system is in place or some action is taken. Just because you have a restraining order is not a guarantee that the person is going to abide by it. I like cowbells idea of getting some junk cars. On that note, you can buy a toilet at a flea marked, put it out front under the tree and plant petunias in it.
- Sturm und DrangLv 61 decade ago
Did the cops even take a report of this? If not, I'd call and push hard for a report that is submitted to either the county or city attorney. If some low-life tried to break in your garage, you know the cops would have hauled him away and immediately charged him with breaking & entering; the same should be done for Mr. High Horse HOA president. Maybe he'll learn to control his drinking and not commit criminal acts if he gets charged.
If the police refuse to submit a report to the city or county attorney for possible charges, I'd start contacting the media about how the La Jolla PD only enforces the laws in certain cases.
Otherwise, get a sleazy lawyer who can work the media and will embarrass the pants off your HOA and the La Jolla PD if they won't cooperate.
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- Anonymous5 years ago
The first concern is why were the cops so negligent in not doing anything about the HOA president in his attempt to break and enter your home. I hope you filed a police report and brought charges against him for that incident alone. He was breaking the law and the police should have handled the matter as soon as they were called. That alone may have given him a wake-up call. Yes, you can file a lawsuit, but if the man has friends on the board, that may get you nowhere fast. Install security system including cameras and keep a close eye on your dogs for any malicious attempts. I don`t think he is out to murder family members, but I do think, the police did not do their job, don`t let that slide by.
- AzrealeLv 41 decade ago
We have problems with our homeowners association as well. Though ours were not as severe as yours sound but we contacted the homeowners association lawyer and explained the situation and told her if this continues we will sue for harassment. I have kept every email and correspondence and written down every incident right after it happens so its still clear in my head in case we ever end up in court. I have also looked up laws in CA and written down incidents were our HOA has not followed the law. Our problems actually started with a tree I have in a pot that they claim is getting too big. LOL I argued that I've had the tree for 10 years and was not going to get rid of it now. The president is a real control freak and couldn't believe I was going against her wishes so she started sending me all kinds of violation letters for random stuff. Somehow all of the sudden my tree ended up dying. I think she poisoned it! After I contacted the lawyer all harrassment immediately stoped and we haven't been bothered ever since.
Anyway there is a group of laws called the Davis Sterling Act that governs California associations. You can look them up online, but honestly your problem seems more of a criminal matter than an association matter. Why did the police not arrest the guy? I mean even if he is the president he cannot just enter your house. Sometimes, the cops just want the easy way out, you have to be firm that you want him arrested!
- Anonymous1 decade ago
Do exactly as the cops advised...file a lawsuit against the HOA.
That sounds like the most reasonable thing to do. Press forward and win this damn battle, girl!
Did you see on Fox news where another HOA is suing an American Vet for flying his flag in the front yard? What the hell is going wrong in this world?
Best to you, Sweetie. Keep us posted.
Sandy :O)
- 1 decade ago
Yes, by all means. File a lawsuit, get a restraining order, get others in your neighborhood to find a different HOA.
- 1 decade ago
Get the restraining order as the cops advised, sue him and also write a letter of complaint to the board of which he is President, requesting his resignation. This is not appropriate behavior for a President of a board that is in place to PROTECT the homeowners. Inform them of restraining order and lawsuit! DO IT!!! Do not be passive, this man needs to be OUT of office as he is NOT a SAFE person to be advising on SAFETY!!!! DO NOT MOVE
- JessLv 61 decade ago
That's crazy!! What a freak!!
I agree with the cops, you should definitely file a lawsuit. Is there someone above him, the board or someone, who can revoke his position? It sounds like he doesn't need to be in any kind of position of authority. I think that the restraining order sounds like a good idea too.
I'm so sorry that you're having to go through this, it sounds absolutely awful!
Good luck!