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socallegalwork, Lawyer
Category: Real Estate Law
Satisfied Customers: 104
Experience:  Attorney and licensed real estate broker (and Certified Distressed Property Expert), specializing in real estate matters.
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An HOA Board member, who was on the Board with me last year,

Customer Question

An HOA Board member, who was on the Board with me last year, resigned over a denied app due to many trim colors on her home. Started a vendetta against me b/c she knew who had gotten ARC letters, then this person and another started a "so-called closed website" that we as Board members were not allowed to see. However, we did know about it, and have every feed. This person and most of the website people are now on the Board, but the one that started all of this has hired another resident to follow me around in the neighborhood, and has been doing it since last Aug. She also got a copy of an email about resident's that were in legal that I sent to the VP, and as I am the former treas. & ARC member of the Board new about from the VP this year, and he sent to the Pres. of the Board, and the Pres.
or VP had to inform her of this email b/c she went to the VP asked for a copy which she did on the 25th of Mar. then copied it, and hand delivered email to, copied
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: This person copied this with pertinent info and hand delivered it to my neighbor who was on the email, who has a very bad temper, and has been arrested several times for beating his wife. We have had dealings with his temper already, and try real hard not to have confrontation with him. I am handicapped b/c of MS, and my husband is quite a bit older than I am, an I've tried several times now , to tell the now board about her ongoing harassment, and the PMC. I am at the point of filing a Small Claims court on her. I have her on a friend's video admitting she hired this guy to follow me around, and he is a resident of the neighborhood. He followed me to where I get my hair cut!!! What do I do? I'm tired of the Harassment... I live in Brevard County, Rockledge, FL.
JA: Have you consulted a lawyer yet?
Customer: Not yet. I talked to a friend that works for legal aid, and she told me to fill out the small claims court form myself, and she will set me up to see a civil lawyer at the legal aid place to ensure it is filled out correctly, but I do not have money laying around to file through an atty.
JA: Is there anything else the Real Estate Lawyer should be aware of?
Customer: I have all the emails where she started this as a board member calling it a power struggle, and I have the copy of this email that she gave to my neighbor. His wife gave it to me. She also received information from the 23 May BOD meeting where she was warned not to show up b/c another Bod member was going to insist she be removed for Ethics Violation of a Board member, and the only person this board member talked to was the VP of our board. So there is one board member who video taped this meeting or her friend that was there told her that not only myself, but two others told the board that their was no variance for what this person beside me wanted. So now this other board member who video taped this meeting, or her friend immediately told her about the meeting, and she told my neighbor. My neighbor was standing outside last night screaming at another neighbor about what was said, and he was pointing at my home. Now I'm at he point that either something is going to happen to my home or to me or my husband b/c of her and her harassment by telling my neighbor, and the mab following me.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  socallegalwork replied 5 months ago.
Hello. It sounds as if these people may be engaging in "stalking" as that term is defined in Florida (basically- when a person or persons willfully, maliciously and repeatedly harasses you and causes you emotional distress). You sound considerably worried about something not only happening to your home, but perhaps to you or your family. Have you considered petitioning the court for an injunction against the persons you know are engaging in this behavior?When you consult with the civil attorney, ask him/her about possibly applying ex parte for a temporary injunction. This will order them to immediately cease certain activities against you until a hearing is held and the court determines if the temporary injunction should be made a final injunction.

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