HELP!! HOA is out of control assessing disputable fines on elderly shareholder.

Briansbabe

New Member
Jurisdiction
California
Help!! My mothers lives in a Stock Co Op in San Diego County senior community.
She has been sued 5 times within a year and a half by a harrrassing EX board member without the necessary IDR requested .
This EX BOD ( maintenance man) took it upon himself along w the old president to sue my mother , who's 79 years old, for "supposed" unauthorized guest., dog poop, caregiver, conflict w board member, attorney fees not awarded by a judge, etc. The first lawsuit was brought against her for having an unauthorized guest aka "caregiver" (daughter) who is county approved . They denied her caregiver stating her daughter isn't ALLOWED.
That cost her 5,000.00 and now a lien ( which btw was NEVER sent from HOA via certified mail ten days prior to placing) also she was denied a payment plan by the Board. They said they'd only take $5,000.00 within 30 days. How can they demand $5 grand from her when she lives on SSI?
The next 2 lawsuits (4/16 for $2,275 and 5/16 for $2,500) . for the same exact days plus 9 more added on the third lawsuit. She didn't attend BC of health issues.
Again NO IDR from HOA! How can this BOD member sue her TWICE for the same time frame? My mother has owned this house for 18 years and no one ever had a " problem" or ill feelings about her daughter until the SOCIOPATH maintenance man bought a home in the senior community in 2012. Now her fines are up to 48,000.00 and the NEW board can't even give her a detailed invoice to prove the charges. One such fine was placed on her account for conflict w board member(sociopath maintenance man) $25.00 and not in the CCRs.
She never appealed the court cases BC she feared more ridiculous fines.
this HOA is charging the homeowner for ATTY fees on a TRO sought by her daughter aka caregiver against this maintenance man!!(3,625.00) Out of 105 other shareholders my mother is the ONLY ONE SUED for ridiculous unjustified accusations that are NOT fact!! In fact they're fraudulent charges that can be disputed like unauthorized guest ( when no one was there) and DOG FECES in the park at $99.88. Also the BOD never proves anything when they schedule a IDR meeting. They only listen to the accused and make a decision . Gee you'd think they would have facts when they're going to demand a meeting and eventually fine an elderly woman. What recourse does she have now? There are $15,300.00 In liens recorded by the county. Now the Secretary who's become her best friend all within 8 months offered to " settle" these fees by proposing she sign her home over to the HOA and she can live for free (rent is just 303 a month plus utilities) until she passes away. She's currently on hospice. I have full POA but this board refuses to allow me to assist my mom in any way. Even though my mothers given her approval in writing. Where do we begin? ANY ASSISTANCE IS APPRECIATED!!
 
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She needs a licensed CA attorney, not a discussion board.
 
I have full POA but this board refuses to allow me to assist my mom in any way. Even though my mothers given her approval in writing. Where do we begin?

You will probably have to go to court and get appointed conservator. Then you will have the power of the court behind you in dealing with the co-op.

Now the Secretary who's become her best friend all within 8 months offered to " settle" these fees by proposing she sign her home over to the HOA and she can live for free (rent is just 303 a month plus utilities) until she passes away.

She'd better damned well have a lawyer involved in that deal before she or you signs anything.
 
You will probably have to go to court and get appointed conservator. Then you will have the power of the court behind you in dealing with the co-op.



She'd better damned well have a lawyer involved in that deal before she or you signs anything.

I'd NEVER sign over her home for these very suspicious fines . I find it very strange that only she has been charged between $1,500-$9,500 for two consecutuve years making it impossible for her to keep her home living on a very limited income.
Regular assessments for this park are only $303 a month. also the BOD denied the caretaker a support animal even after they were notified and given the doctors letter. They allow a new shareholder to move in with a BIGGER dog that's not an assistance animal, yet my mother is fined for two years straight for my support animal, which turned into judgements and liens.

And NO BOD wants to address our issues yet threatens FORECLOSURE.
 
She needs a licensed CA attorney, not a discussion board.
.
I completely agree !!
but with limited funds I don't know if an attorney would want to represent her.

We've tried Legal Aid of SD- and
We've tried Elder Law
Both attorneys don't seem to have time to really listen and discover the facts. They both don't seem very "supportive" (?)
 
.
I completely agree !!
but with limited funds I don't know if an attorney would want to represent her.

We've tried Legal Aid of SD- and
We've tried Elder Law
Both attorneys don't seem to have time to really listen and discover the facts. They both don't seem very "supportive" (?)


People don't listen for free.
Professionals listen when you pay.
 
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