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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
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Experience:  12+ yrs. of experience including real estate law.
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Can we sue a HOA board member for harassment He has continually

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Can we sue a HOA board member for harassment? He has continually reported us for violations that have never happened, and when we go to the hearings the management company says “we sill take the notices out of your file” He is at it again reporting us for parking our car in guest parking when his best friend has been parking there for over 1 week and did not get a notice. We feel harassed by this Board member, what can we do?
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  P. Simmons replied 7 years ago.
You can complain to the HOA certainly, and can let the members of the association know of this odd behavior. Since the board members are typically elected positions, this may be a quick way to remove the person from a position of authority.

I took a look at the ca criminal code and dont think that this rises to the level of criminal misconduct.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get credit for my work.    
Customer: replied 7 years ago.
we have already gone to the HOA managment for a hearing the last time we got 8 notices, we won and that board member was not there (we know it was him because he told a old neighbor he did it) the managment company's director of our hoa is a B-itch! (sorry but she is) and said to us today when we told her about the other two neighbors cars parked there, then just tell us about the other person parked in guest parking and we will send them a notice as well. I am not into reporting the other neibhbor for this, I just want this member to stop reporting "us" only, report all people or don't. We actually set this up because we knew he was best frineds with the other neighbor parking in guest parking and wanted to see if we were reported and they were not. Does'nt the board have a fidusary duty to do there job and not pick and choose who they are gong to report, the managment company rufuese to tell us who reported us and we know he did it he has had a beef with us because we reported him two years ago for waling his aggressive dog with out a leash. The ccr and bylaws say "any nuisance" can be reported. He is a nuisance! I heard that "harrasment in california can be sued in small claims court, we are being harrased by him/hoa"
Expert:  P. Simmons replied 7 years ago.

your question

Does'nt the board have a fidusary duty to do there job and not pick and choose who they are gong to report

I think you are referring to a fiduciary duty...and they do have a fiduciary duty, but I am not sure it applies in this circumstance. A fiduciary duty deals with fiscal or money relations.

The board does have a duty to enforce its rules in a non arbitrary manner. If you believe that you are being improperly singled out, you may be able to bring suit against the HOA to rectify this, or for money damages. But you would need to prove this in court.

Customer: replied 7 years ago.
do I have a right as a home owner to see who has reported me? What would I sue for exactly if I feel that I am being imporperly singled out?
Expert:  P. Simmons replied 7 years ago.
You can request that the HOA provide the information on who reported you, but you will need to look at the HOA rules and charter to determine if they are required to disclose the information.

You can sue for your damages, that is the harm you have endured for this. But again, you will need to show that the HOA has improperly singled you out and that you have been harmed in some way to recover

P. Simmons and 7 other Real Estate Law Specialists are ready to help you
Customer: replied 7 years ago.
the rules say "we can or can not tell you who reported you" so of course they do not tell you especially if it is a bord member. If I do sue can I have them tell me then who and who was not reported? Don't they have to prove that they report all equally?
Expert:  P. Simmons replied 7 years ago.
If you sue that they have treated you arbitrarily, this information would come out in the lawsuit. It would come out in the discovery process

I caution that you will need to pay the costs of the suit (for your attorney), and will have to prove that you were singled out improperly and that you were harmed as a result. But if you can show this, you should be able to prevail in the suit

thanks for accepting
Customer: replied 7 years ago.
thank you I did already accept by the way.

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