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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33381
Experience:  Retired (mostly)
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FOR SOCRATEASER ONLY PLEASE HI there! I hope you are well.

Resolved Question:

FOR SOCRATEASER ONLY PLEASE HI there! I hope you are well. The HOA has asked me to draft a letter. Here is their letter to me. It took forever for them to give me this letter. "After reviewing the info presented to us, including the info you provided at the hearing on May 29, 2013, the board has decided to take no action at theis time provided that you sign and return a copy of this letter to us representing that since Spet 2012, u have not used and in the future u will not use your home for ommercial puroses, short term rentals for transient guests, parties, weddings, movie shoots , nor any other commercial purpose. Pls also confirm that in additiona all internet and other advertisements of your business will not say or suggest that your house is available for any of these aforementioned purposes. " They have asked me to sign. "agreed to, represented and confirmed " What do you think?
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
May 29?

Why does it seem to me that the hearing was earlier than that. Was there a subsequent hearing, or is it just my recollection failing?
Customer: replied 1 year ago.
No it's not you. I had to check myself to confirm the date!! It took the board a long time to get me this letter because they had to run it by all members. Only three were at the meeting and the balance was on vacation.
Expert:  socrateaser replied 1 year ago.

Unless the association's governing documents provide for a longer notice period, notice of the board's decision shall be given by personal delivery or first-class mail within 15 days following the board's decision (Civ. Code §1363(g); Corp. Code §7341(c)(2)) The letter of decision should include the board's findings and conclusions (Ironwood Owners Assn. IX v. Solomon (1986) 178 Cal. App. 3d 766)).

 

Since the decision is more than 15 days late (and in fact, it apparently has yet to be made), any attempt to enforce the CC&Rs against you is invalid.

 


Given all of the above, you could write back something like, "I am in receipt of your letter of ??/??/????, wherein you state that you have decided not to take any action at this time, concerning the rules enforcement charges alleged against me, and heard by the board on May 29, 2013, at ??:?? PM; provided however that I draft a letter to the Board containing specific acknowledgments, admissions and promises. I must respectfully XXXXX XXXXX request. Sincerely, [yourname], Homeowner."

 

Hope this helps.

Customer: replied 1 year ago.

Okay, I get that and I love it (you are so fiesty as am I!!) but here's the scoop.


 


Do you think if I do that, that they will get really pissed at me and really start lurking and giving me a hard time? I do have a website up that advertises my home but doesn't state the address or anything. I just give the general vicinity of my home. They have asked me to cease all advertisements that says or suggest that my house is available for the above. At the hearing, when they asked me about my advertising, I told them that people call me based on my home but then I refer theses people to other homes that I represent. And I do...for the most part. Very occasionally, I do rent my place out until I can get a handle on my financial situation. If they catch me, and they are already angry that I gave them the letter that you suggest, they are liable to throw the book at me. Or can they do that?


 


Of the three board members present at the meeting, two were very nice and one was nasty, the HOA attorney. The meeting is today and today I received an email requesting that I sign the letter so time is of the essence.


 


knowing what you know, what do you suggest that I do? Or do I modify their letter? I really don't want to modify my advertisement.
Has anyone told you that they love you today!??:D

Expert:  socrateaser replied 1 year ago.

Okay, I get that and I love it (you are so fiesty as am I!!) but here's the scoop.


Do you think if I do that, that they will get really pissed at me and really start lurking and giving me a hard time? I do have a website up that advertises my home but doesn't state the address or anything. I just give the general vicinity of my home. They have asked me to cease all advertisements that says or suggest that my house is available for the above. At the hearing, when they asked me about my advertising, I told them that people call me based on my home but then I refer theses people to other homes that I represent. And I do...for the most part. Very occasionally, I do rent my place out until I can get a handle on my financial situation. If they catch me, and they are already angry that I gave them the letter that you suggest, they are liable to throw the book at me. Or can they do that?

 

A: I don't know what "the book" is. The board can't impose an unreasonable fine, and it can't impose a fine, at all, unless it has provided 30-day advance notice of the fine schedule to the members by 1st class mail.

 

Fines must be reasonable. There must be some relationship to the deterrence effect, but it can't be absurd ($10,000 for not picking up a dog's poop is unreasonable; $100 is probably reasonable -- but, if your association is Malibu Colony or The Strand in Dana Point, then $100 is chump change).

I can't tell you what to do. What I know for certain is that the letter drafted by the board (if your description is accurate) is on the razor's edge (if not over the edge) of criminal extortion, under Penal Code 523 ("Every person who, with intent to extort any money or other property from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in Section 519, is punishable in the same manner as if such money or property were actually obtained by means of such threat."

 

If a board sent me that letter, I would probably contact the district attorney, and the State Bar and request an investigation. Of course, if you're engaged in some sort of nefarious activities, then you don't want to call the kettle black, because it may backfire.

 

Anyway, you have to make your choice, based upon your best information and judgment.


Of the three board members present at the meeting, two were very nice and one was nasty, the HOA attorney. The meeting is today and today I received an email requesting that I sign the letter so time is of the essence.


knowing what you know, what do you suggest that I do? Or do I modify their letter? I really don't want to modify my advertisement.


A: You must decide. I justanswer the questions.

Has anyone told you that they love you today!??:D

 

A: Yes, a very sexy, big busted 25-year old with auburn hair in tight pants.

 

But, she's my daughter, so get your mind out of the gutter.

 

Hope this helps.

 

Customer: replied 1 year ago.

LMFAO!!!! You are a crack up! My oldest son is 22, has beautiful dark red hair (but not quite auburn- that was my color before i went wild and blond)!


 


Ohhhh PLEASEE great Socrateaser! Please give me some advise. I am flying under the wire. I am soooo confused as to what to do. Can you suggest what I should write, as I am not the most diplomatic when I need to be and when I am under stress, and I am under stress now... Can you give me some diplomatic words suggesting what I should say. The first message to you was verbatim off of their letter to me, They want me to sign it. I have so many different things pulling me various directions, that I am feeling like I just want to put my head in the sand...


 


On a brighter note, I was approached by someone in the "biz" who wants to brand me. I'm pretty talented in many areas and they have brought some pretty big names to the screen. I'm next they say! Then I can give you that big fat tip you sooo deserve!! I'm praying and thinking positive... :D

Expert:  socrateaser replied 1 year ago.
I really wouldn't know what to write, other than what I've already written -- which I think is pretty diplomatic (or, at least as diplomatic as I get, anyway).

On a brighter note, I was approached by someone in the "biz" who wants to brand me. I'm pretty talented in many areas and they have brought some pretty big names to the screen. I'm next they say! Then I can give you that big fat tip you sooo deserve!! I'm praying and thinking positive... :D

 

A: Real Housewives of [name of community]?

 

I was in the biz myself, once upon a time. If you need a business manager who knows how to read and write entertainment contracts, I'm not that busy.

 

Be good.

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33381
Experience: Retired (mostly)
socrateaser and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

You are my number one so when I get to that point, you will be the first person I call!

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