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  • Legal advice?

    I wanted to see if anyone here might be able to offer some advice on a Jeep related HOA grievance. Sorry about being so wordy guys!

    So here's the deal . . . I bought my first home back in 2003 . . . it's nothing fancy . . . a one bedroom, one bathroom, condo . . . but the selling point for me was the garage. I have a couple of Harleys and was getting tired of having them sit out or having to store them at friend’s houses. I'm a pretty easy going guy for the most part and do my best to be considerate and neighborly and hit it off right away with most of the neighbors, but was quickly warned about the woman living above me. Unfortunately, I also share the garage with her. I quickly realized why others had warned me about her when she started screaming about living next to a refinery which progressed to her spraying vinegar off of her balcony down onto who ever was below whenever she would see someone smoking outside. She’s yelled at me about running an auto body shop out of the garage when I was simply waxing my car, and recently accused me of stealing her water when I wash Jeep and blamed me for being the reason her water bill has been increasing . . . here’s the kicker . . . we don’t get water bills, our water is included in the HOA payment. I could go on for a while with this kind of stuff.

    Well to get the to the point last night I received a letter from the property management company regarding a Violation of Rules and Regs/CC&Rs. It basically states that no car washing is allowed, any type of mingling is not allowed in the garage, and all work to be performed on all cars and motorcycles should be done offsite . . . these are the things I’m concerned about as I do wash my car or bike on occasion, I like to do a little minor wrenching here and there, and may have a buddy helping me (or in Josh’s case supervising) when I do. There’s also a bunch of other :poop: about me having parties in the garage (it’s all Geebo’s fault . . . that guy is out of control :wink, having motorized equipment like generators, etc, it even mentions having BBQs in the garage (who knew the Wieners for Wheelers campaign stated in schmo's garage?). Although I am amazed that the manager with the property management company who sent the letter didn’t have enough sense to question or validate these accusations, I’m not as concerned about this :poop: as it is ridiculous and should be easy to disprove.

    I’ve read thru the CC&Rs I got back in 2003 and the activities that the property management company is claiming that I’m in violation of are not listed as violations in the CC&Rs. The only things I found that apply are:
    8.3 - No MAJOR work or repairs on autos or MCs permitted on premises
    9.3 – Garage doors shall not remain open except for temporary purposes when someone is WORKING in the garage
    The CC&Rs seem to support my activities, and not the claims of the property management company when they say things like ALL work should be done offsite.

    I’ve never had to seek legal advice before, and thought that if I just avoided this neighbor and kept to myself, it wouldn’t escalate, but now I’m being threatened with fines and penalties if these “violations” continue. What would be the best course of action at this point?


    Thanks,

    Joe
    Last edited by Schmo; 05-01-09, 09:27 PM.
    That which does not kill me postpones the inevitable.

  • #2
    I get updates to my CC&Rs all the time. You said you referenced your 2003 CC&Rs. Maybe you can write (or call) the management company and ask for a completely amended and up to date copy of the CC&Rs.

    We had a few people like that lady who would constantly complain. When I first put up a satellite dish (I work for DirecTV) they tried giving me a violation, but the FCC says otherwise. They still tried getting me because it hung OVER my balcony into "common area".

    I recently received a violation notice and had to change the locks on my front door of the condo. About 3 years ago I put a new deadbolt on and apparently they didn't meat their aesthetics standards and NOW they give a crap.

    I replaced the one that looks like this:




    You can be assured I'll be watching this thread in case you find something useful out. My HOA sued the developer (they were apartment conversions) and won, so they are doing some work on all units. I'm just waiting to see if when they come into my unit they complain about the ceiling fans I put in both bedrooms (there were no ceiling boxes) since that is supposedly a violation. We own from the paint in, so the drywall I cut and structure I ran romex through is community property.

    The things you're describing (and my whining) are the exact reasons I now rent my condo and bought a home. Unfortunately I don't get my mortgage payment out of the rent, but it is worth it to me to be away from there. I LOVE my new neighborhood. I know this doesn't help you in your current situation, sorry.
    If we aren't supposed to eat animals, then why are they made out of meat?

    http://jeep.matandtiff.com/

    Truth is treason in the empire of lies. -Ron Paul

    Comment


    • #3
      Joe, sorry to hear your NUTTY lady next door came out of her SHELL what a piece of work she is!!I have a cousin gettin out of Susanville prison next week, what me to ask him to give her a visit??LOL..And once again..me? I didn,t do it!!!!
      "A man who fears suffering,is already suffering from what he fears"!

      Comment


      • #4
        Thanks guys! I talked to the HOA President this morning and that conversation went well. Obviously, I need to pay more attention and attend the meetings from time to time but it turns out that the HOA President is right next door to me. She said several times that even though she doesn't know me well, in the 5+ years that she's been my neighbor, she's never had any reason to complain. She's also had to deal with a few issues with my crazy neighbor and I was sure to enlighten her as to some of this lady's crazier moments. I think the HOA President is getting the picture. She also verified that the CC&Rs have not changed and was surprised to hear that the letter I received had things like NO car washing, NO working on cars, and NO mingling in common areas. I guess she had heard about the complaint and that a letter would be sent but had not seen it. All she was concerned about was that cords and things weren't blocking the entry way - no problem. She also mentioned that the HOA would not approve any fines charged to me for this type of thing, but I am still requesting that this be removed from my file and that I am provided in writing with verification that this warning has been rescinded. I'm still considering whether or not to make a stink with the property management company for not verifying the rules first of all and secondly for performing no due diligence in verifying the accusations. I'm sick and tired of dealing with this crazy woman and am surprised by the prop mgt co action. If this continues or if the written warning is not rescinded, I will be employing a lawyer and will most likely file for harassment.
        That which does not kill me postpones the inevitable.

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        • #5
          Cousin get,s out on the 17th Joe..LOL..
          "A man who fears suffering,is already suffering from what he fears"!

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          • #6
            go get em'.
            >>>>>>>>>>>>>>>>>>>>>>>>>>
            ERIK


            95 yj, locked lifted, and ready to rock!

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            • #7
              Originally posted by Materdaddy View Post
              The things you're describing (and my whining) are the exact reasons I now rent my condo and bought a home. Unfortunately I don't get my mortgage payment out of the rent, but it is worth it to me to be away from there. I LOVE my new neighborhood. I know this doesn't help you in your current situation, sorry.
              Believe me I've been kicking that idea around, especially with home pricess down and now that it's looking like I'll be able to work from home permanently, I've been thinking of renting my place out and buying a small house just to get away from the crazy bitch. When I do rent, if she's still here, I'll be looking for a real mean looking, tat'd up, smoker(only on the balcony of course!) to rent to just drive her nuts (not that it's a long drive)!!!
              That which does not kill me postpones the inevitable.

              Comment


              • #8
                Originally posted by Schmo View Post
                When I do rent, if she's still here, I'll be looking for a real mean looking, tat'd up, smoker(only on the balcony of course!) to rent to just drive her nuts (not that it's a long drive)!!!
                Geebo has a cousin getting out on the 17th If it's a two bedroom he can probably bring a friend
                1997 TJ hp44/hp60-a lot of goodies

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                • #9
                  Originally posted by sam 15 View Post
                  Geebo has a cousin getting out on the 17th If it's a two bedroom he can probably bring a friend
                  Nope just a one bedroom, but I'd bet he's used to tight quarters so he can still bring a friend!
                  That which does not kill me postpones the inevitable.

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                  • #10
                    you guys are sick.

                    violence can not be tolerated
                    Ford Raptor 6.2l

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                    • #11
                      Originally posted by Tomb Raider 940 View Post
                      you guys are sick.

                      violence can not be tolerated
                      i don't think they were talking about violence. it sounded like a tattoo session or some such thing in the 1 bedroom apt.
                      >>>>>>>>>>>>>>>>>>>>>>>>>>
                      ERIK


                      95 yj, locked lifted, and ready to rock!

                      Comment


                      • #12
                        uh oh someones got a shiv. I found a pic of Geebos relatives




                        I have seen that lady and she is all kinds of sexy.

                        she has a johnny depp poster on her garage wall. reall winner.

                        Joe I saw you build a wall seperating your side and hers. I have the material if you need it.


                        Also what management company do you have? I am gonna call them and complain. I am gonna say your mixing dangerous liquids in your garage.
                        Ford Raptor 6.2l

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                        • #13


                          Everybody must do their part to conserve califorina's water......don't forget your matching bracelets to complete the experience....wait...I see a third bracelet...that can't be good....
                          1997 TJ hp44/hp60-a lot of goodies

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                          • #14
                            I think I'm gonna get sick!

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                            • #15
                              You,re gonna get sick??? the guy in front is my cousin...LMAO... where do ya get these pic,s Josh?? my aunt?? OK I,m done..sorry about having to put up with her Joe ..better days are ahead of you..
                              "A man who fears suffering,is already suffering from what he fears"!

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