I feel my HOA violated my privacy.

[Bunnie]

Jurisdiction

California

First of all let me start this by saying we don't own our condo, we rent. Second, today we got a notice in the mail from our HOA. It stated they were "bringing to our attention our alleged violation of the HOAs governing documents specifically." Apparently we are in violation for "several items stored in the back patio. Per the rules & regs, items kept on a homeowners patio (other than standard patio furniture) must not be visible over the fence from the ground level." The letter is dated feb. 16, 2017, we got the letter in the mail today feb. 22. They are requesting the matter be rectified by march 17, 2017. That gives us less than a month. My husband works full time and I'm a stay at home parent to our 5 yr old. But all of this is besides the point...

Along with the letter were 2 photocopied photos of tMY backyard with my back gate pushed open wide enough for whoever took the photo to see inside my backyard. The MAJOR problem here is the fact that the only thing standing between my clear sliding glass back door and the entire courtyard is that back fence. This person pushed upen my back fence to take photos of this supposed violation knowing full well of all these factorrs. If my curtains would have been drawn open and let's say I had gotten out of the shower or hadn't been dressed for whatever reason, this person could have easily seen me or my family nude. The distance from my back fence to my giant glass back door is about 14 ft. give or take. Every single condo on my street has an almost identacle backyard, so there is absolutely no reason why this person thought this was okay! I feel so unbelievably violated, I cried!!! What else had this person seen? I may have been in violation of HOA rules and regs but in no way does it warrant this type of abuse of power!!! I'm wondering what I can do in this case. Thank you in advance for whatever help comes my way

 

[mightymoose]

Are the items on the patio visible when the gate is closed? If so then move/rearrange them so they can not be seen over the fence.
If they cannot be seen without the gate being pushed open I'd say you aren't in violation and should respond by explaining this and providing your own photo.
As for your concern of the gate being opened, try putting a lock on it.

 

[adjusterjack]

I'm wondering what I can do in this case.

Put a lock on the gate, move your crap off the patio, and notch back the drama.

There's no lawsuit here and no money for you, if that's what you are asking.

 

[army judge]

I'm wondering what I can do in this case.

You should do as requested by the date given.
If you don't, the HOA will contact the property owner.
As a tenant, the HOA isn't YOUR HOA.
Your LL is the person who is a member of the HOA, and the one who will be financially impact for your failures to abide by the ridiculous, onerous, nazi-like HOA demands.

I would never own property controlled by an HOA.
Being under a brutal, controlling HOA defeats the purpose of property ownership, and some independence.

That said, you rented a unit, owned by a person who owns property left to the dictates of his/her HOA.

You have a legal duty to obey the dictates, commands, orders of the HOA, or risk its wrath, and your LL's wrath.

I suggest you hire someone to do as the HOA has commanded, before the deadline.

If you fail, you will hate their jackbooted retaliatory next steps.