Dealing with neighbors who do not respect the law or each other. (Moved from L.A. forum) (leases, tenant)

[himurax13]

Hello, my name is John and I have lived in my condo for the past 4 years since the project was completed. During that time, our community suffered through several problems and it was basically like lord of the Flies. Earlier this year, a representative from the new management company asked us to hold an open meeting so that we could have an election to fill the empty slots on the HOA board so that actions could be taken to improve the neighborhood. To make a long story short, I ran for and was elected President of the HOA. We made many strides to restore order to our community. Here is a short list of what was going on.

1. Daily parking in the fire lanes.
2. Habitual use of the very small "Visitors" parking lot by residents.
3. Storing of broken down vehicles by residents in the same small "Visitors" parking lot
4. Gardeners that were doing little more than cutting and watering the grass in the main area.
5. Speeding on the only egress/exit street
6. Graffiti on the perimeter walls
7. Unwelcomed visits from the surrounding community
8. 5 out of 26 units have never paid their HOA fees.
9. Renters do not have their Leases on file.

After several weeks of handing out notices and talking to owners face to face, The board and I were able to solve most of our problems. Of course there were going to be a few hold outs. This resident in particular is special because he is sueing me in small claims court.

Let us call him Mr. A. Mr. A is sueing the HOA Board, me in particular, because I authorized to have one of his cars towed. Mr. A is claiming that the 2 signs, that are easily visible in the visitor's parking lot from the only entrance/exit, that state one is visitor parking and the other that states unauthorized vehicles will be cited and or towed are unclear. Never mind that all of the spots are labeled as visitors. Never mind that he has had over a dozen written notices that he cannot park his cars in the fire lanes nor the visitor's parking lot. Never mind that he has been told multiple times that he cannot use his garage for storage for a business that he is not allowed to be running from his house. Never mind that he is violating several rules in the CCR. Never mind the fact that he is only renting and not owning the house. And finally never mind the fact that his HOA fees have never been paid. He has also harrased many of the other residents while trying to gains support for his side and he often takes pictures of the entire complex, especially late at night.

Mr. A somehow believes that he is above the law and he should be able to park wherever he darn well pleases. As far as enforcement of HOA laws is concerned. No punishment is ever given out without several attempts to notify residents of the situation. Mr. A has shown nothing but disrepect and contempt for the law.

My question is this, how does someone who knows that he is breaking the law sue someone for enforcing it? How does he get off trying to sue me personally for acting as the HOA president? Is there any sort of criteria to prevent frivolous small claims cases from being heard?

I am not worried about the outcome too much because I have years of documentation and several witness statements that state Mr. A's law breaking behavior. However he is sueing for a ridiculous amount of $1500 for a twoing cost of $211. If he somehow manages to win, that would wipe out almost a fifth of our HOA reserve account. This could have easily been avoided if the previous HOA board or management account would have done their job and had a lien put on the house he was renting or simply asked the landlord to control his tenant or fines will be issued.

I will be heading off to small claims court in a week and any suggestions to keep Mr. A from causing any more damage to my neighborhood? I would like to label him as a nuisance but the legal criteria for that seems very unclear.

[BigDGeek]

I have only one question: if Mr. A is a tenant and not an owner, how are the HOA dues his responsibility? I do not pay any HOA dues where I live, my landlord prices them into my rent and pays them herself.

Since he is a tenant perhaps your best course of action is to speak to his landlord who is really the person you ought to be dealing with, and talk about the E word (eviction).

In this complex if I commit any HOA fineworthy infractions, those bills are sent to the landlord, whose responsibility it is in turn to attempt to collect the fine from me.

I urge you to stop dealing with Mr. A and deal with his landlord instead.

[ShaneSA]

You don't say if he is an owner or renting. Makes a difference. I'm sure you know that. If he is a renter, I'm sure the LL would want him out as a tenant. If he is an owner, he is using one of the freedoms of this country. Sue for anything and everything becasue you can!!!!!! Hopefully with your documentation and your maintaining composure in court, the judge will see through it. This country is full of frivolous suits that need to go too far before they are dismissed. I don;t think he can sue you personally for acting as president of the HOA. The corporation laws should protect you.
How to get rid of him and make him fall into line with the rules????? That's the million diollar question. i hope for your sake he is a renter. I would continue to send him violation notices and also a copy of the rules of the HOA. Send them cetified so you know he has them. if the rules allow, fine him and when he doesn't pay, file a lien on his house. It will be time consuming, but it could be well worth it to make the complex livable for everyone.
Soem people always think the rules are for someone else.

[Huckleberry3911948]

i hear you its lousy.
but resentment is taking poison and expecting the other guy to die.

[Charles]

Perhaps a third party should be consulted. Consider asking Mr. A's girlfriend, Ms. Hole, if she can come up with a reasonable compromise.