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Senior HOA Harrassment

Discussion in 'Other Residential Landlord & Tenant Issues' started by Priscilla Hudson, Aug 4, 2015.

  1. Priscilla Hudson

    Priscilla Hudson Law Topic Starter New Member

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    Jurisdiction:
    California
    I am a senior on a fixed income living in a Senior Home Owners Association (I inherited my house from my mother when she passed) My son and his family are the only family I have in Southern California and they have 2 of my grandbabies. They spend a lot of time at my house. For months now the new guy running the association has been harassing me . He says that he KNOWS they live with me and he is going to prove it one way or another. They don't live with me. They have provided letters and paperwork with their name and address on it, leases when they lived places that provided leases. At one point they lived with my daughter in laws mother who sent them a copy of their rental agreement none of which he has accepted. They even got a notarized letter (at his request) that is said was falsified, so the Notary said for him to call their office, he did, he yelled at the female notary (she was so upset she called her husband and wanted to send him over to Marios office) she didn't because she was afraid it would make my situation worse. He told me before christmas last year the only way to prove they didn't live here was to give him permission to walk thru my house. He said that he will be able to tell if they live here that way. I thought I had no other choice, so I agreed. He has made excuse after excuse why he isn't able to come do a walk thru. Now, he is saying that he has been sitting outside my house watching who comes and goes. That makes me nervous I am a senior and I live alone? Not only that he is threatening to take my home cause he has been charging me $300 for so long and I didn't even know. My fees are up to over $5000 and he knows I can't pay that. He told me that there is a hearing I have to go to on the 20th of this month and I have to go alone. My son went to one with me (the day he gave them the notarized letter ) they started yelling and bullying me and my son spoke up telling them to stop. They said because he was rude to them I am not allowed to bring anyone to my next hearing. My son currently resides in a travel trailer at a trailer park. They have no utilities in their name it's a trailer park. They are now saying the only proof they will accept is utilities in their name? I just don't know what to do anymore.
     
  2. army judge

    army judge Super Moderator

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    You do what most people facing legal troubles do, HIRE yourself an attorney. There's absolutely NOTHING an Internet legal discussion forum can do for you, except advise you to HIRE an attorney.

    You might be better served in the long run to SELL your home.

    Never buy a home controlled by a Home Owners Association. An HOA is a landlord wearing a disguise.

    Good luck.
     
  3. ElleMD

    ElleMD Well-Known Member

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    Who are all these "theys" you mention? Is this a hearing of the HOA or some sort of legal proceeding? The HOA may limit who may be present and that goes double for someone who disrupted a prior hearing.

    Are you behind in your fees? It should be simple enough to find out what the fees should be and compare that to what you are paying. If you are $5K in arrears, you can be sanctioned per your HOA's agreement.

    How much time is your son spending at your place? It very well may be that the HOA has a definition for "resident" and he might qualify, even if he has another residence as well. I'm not an expert of trailer parks but I have never heard of one which paid all of a resident's gas, electric, water, cable, internet, or phone. Surely he has some bill or tax return which has his address. Again, that does not preclude him from being found to be a resident at your place as well, depending upon definitions.
     
  4. txls

    txls Well-Known Member

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    It sounds like he's probably at a travel park(like KOA)
     
  5. Priscilla Hudson

    Priscilla Hudson Law Topic Starter New Member

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    "They" are my kids and grandchildren.
    They do live in a week to week RV park.
     
  6. ElleMD

    ElleMD Well-Known Member

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    Again, it depends how much time your son and company are spending at your place and how your HOA defines a resident. It sounds like they may be more or less living with you instead of staying in a trailer week to week. That may make them a resident of your place.
     
  7. Priscilla Hudson

    Priscilla Hudson Law Topic Starter New Member

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    The kids do spend a lot of time at my house and when they are working I watch my grandkids.
    The guy that was the head of the board before when I had to go before the board, told all the neighbors that were there complaining that I had visitors to much that not only could I have visitors as much as I wanted as long as they came any time or early morning and they could stay till late night as long as they didn't sleep here.
    He also told him if I wanted to run a daycare center at my house I could it was within my rights. Just no overnights.
    The only time they go outside is if they're working on my yard or they sit on the front porch to smoke because there's no smoking allowed in my house they don't bother the neighbors it's just the fact that they are here that aggravates some of these old people that have nothing else to do but busybody themselves into someone else's business.
    They went as far one time to call the police and tell them that my house has been taken over and I was dead the police came out verified that I was alive I was just having a barbecue with friends and we were in the backyard. It's true I don't go out front a lot because I can't tolerate the heat very well. Sometimes I can be a bit of a hermit but I have a lot of friends and family to come to visit me.
    Now because of all the threats from the board and fines they been put on me saying that people live here they have all quit coming around so I sit here alone most of the time now or I go visit them.
     
  8. ElleMD

    ElleMD Well-Known Member

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    Your HOA must have documents. What does that say about residents/visitors? Not what did someone who no longer is in charge tell you years ago. That is meaningless.
     
  9. Priscilla Hudson

    Priscilla Hudson Law Topic Starter New Member

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    The rules say you can have overnight guests 30 times each year. Other than that there is no limit to what time or what days your allowed company. Even the man in charge this year says I can have guests every day of the year if I want to. It's just overnights are limited.
    Today they got here at noon and went home at 7:00 PM.
    I have to log all the hours of visitors. I've owned this house for 15 years.
    I will be selling it as soon as my son finishes all the upgrades and needed repairs here. In the meantime I have to put up with grouchy old farts who have their noses so far up my ass I can't walk right.
    Some people just love to hate. I don't even talk to most of them. The ones I do talk to don't have anything nice to say about the bitchy ones.
    I just want to sell and get out of this mess.
     
  10. army judge

    army judge Super Moderator

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    You've identified your problem.
    You've already begun the process and pathway to freedom.
    If you buy or rent in the future, make sure you don't live in an area controlled by HOA goons.
    You're the BOSS of you.
     
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  11. Priscilla Hudson

    Priscilla Hudson Law Topic Starter New Member

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    Thank you. If I would of known 15 years ago it would be like this, I would of looked in another area.
     
  12. army judge

    army judge Super Moderator

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    You aren't the only person to discover the delights of living in a community ruled by the elected overlords known collectively as an HOA.

    I've never understood why anyone would bother looking at a home in an area ruled by the overlords, once they learned the overlords were present.

    Besides, I prefer freedom over the sameness and uniformity of Monopoly like housing, ruled by little wannabe dictators, dispensing their directives or threatening otherwise law abiding people for "disobeying" their "royal edicts"!

    But, I've always been a bit of a rebel, so I wish you much happiness when you do relocate.
     
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