Thread: Neighbor/HOA nuisance
03-19-2008, 10:46 PM #1
- Join Date
- Mar 2008
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Don't know where to begin, there are so many issues:
First, we live in a small homeowner's association (9 houses) and two of the officers have targeted us, and seem to be trying to get us to move through harrassing emails, refusal to include common area issues that affect us on the Homeowner's agenda, parking in our assigned parking space, during HOA business they make nasty personal remarks about homeowners (present and not present) etc. I don't know what our legal rights are regarding them. What are the grounds for suing a HOA officer? It's been over 4 years of problems with these ladies (when they were officers and when they were not). To complicate things, my husband is the President, so I fear that suing them would be like suing myself. These ladies have targeted others, when they were officers and when they were merely homeowners.
Second, we have common area behind the houses where all of the houses store their garbage cans. Our bylaws clearly state that no homeowner is allowed to store anything in the common areas, particularly if it is a nuisance or gets in the way of the enjoyment of the common or personal property. These two ladies also feel that they don't have to store their garbage behind their fence, but rather prefer to store it behind my fence and along the fence that borders my car. As good neighbors, we allowed this for 5 years, but now with an 18 month old son, we first kindly asked them to stop, and then we just started moving the cans. Since the garbage cans are granted to each individual owner by the city, does that make the cans city or personal property? Also, don't we have to abide by the bylaws? We haven't consistently applied them, b/c we are a reenergized HOA (stupid me, I restarted it), but they should apply?
I have to say, I've been in a wrongful death lawsuit and it was awful eventhough we reached a settlement, and the idea of being involved in a lawsuit truly horrifies me. But, I'm not sure that we have any choice, and I'm not sure we have any grounds...puts us in kind of a pickle.