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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10215
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I resigned as my HOA President. The person who Volunteered

Customer Question

I resigned as my HOA President. The person who Volunteered is a total 0. She even said in a meeting: I know NOTHING about home ownership!. My parents got me this unit so I don't know what it takes to keep it!.
She is the only owner that resides here, two others are investors and the fifth is a very old lady living in the basement unit.
The Secretary is a young architect who does not know anything about Landlord/tenant relationship. He rented to a woman who was running away from her old neighborhood (not a nice area in Aurora) where she run a 'massage service'. Recently divorced and said she had a very bad divorce and her ex husband moved next door to her just to hurt her, reason why she came to one of the most decent neighborhoods to run her 'services'. I live above her and see what's going on at all times whether I like it or not as I have 8 windows. She has a dog (another problem) and she damaged our dryer on the second month since she has lots of towels and linen to do.
This woman appealed for a working permit which we are fighting and will have a Court date next month. Now she wants to change our Zoning!. She runs her business M-S 10am
until past midnight (our last tenant under her unit said he could not bear hearing the guttural sounds from the men until way past 12 or 1am). The Court will not agree that her business is a home business and they insisted that this poor woman should be allowed to conduct it from her home...
Another problem: Her landlord became the Secretary and went over my head and hired our next tenant but despite him abruptly contacting the person I was about to hire and demanded his Credit Rating and background, and spoke to this person in a very condescending way pretending he was the owner of this building, so he managed to intimidate him and my prospective tenant decided not to take the job. However, he hires a totally inefficient man with absolutely no background nor gardening experience, and in the 3 months he's been here, he has only passed the mower exactly TWICE and his parents have come to help him twice, but they never did any clipping, no edging, etc.
Our laws looks extremely deteriorated and our neighbors have been complaining for 2 months!!!. In addition, this homeowner says we have to pay extra to his friend for him to do some clipping and clean up the yard. My husband, the downstairs old lady and I are the only ones that complain. We keep on hearing: We should give this young man a second chance!. We have given him too many chances!. I heard he is now vacationing in Hawaii while our lawn looks disgraceful!!
I feel I should sue my HOA - I've requested several times to hold a meeting at my unit but these people won't agree. Our very bad president says she is on vacation and will not agree to a meeting until August. She has never had a meeting since she took over. There are way too many things she should be doing. They are charging very little to this new man so he covers things that the president should do, but she has no idea of what to do!.
I've had the entire building redone thanks to our insurance company: Roof on the main building, garages, flashing, all new windows, awnings, etc. etc. - I was here every day all day long supervising the work. - I did not get paid either.
Our building has no lights anywhere, outside or inside. This woman president does not purchase lights nor asks our worker to do anything!!!. I need your advise as to how to sue our HOA- I'd like to have the yard put back the way it used to be so I can sell my home!.
my email is:***@******.***
Thank you
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

Thank you for using the forum. My name is ***** ***** I hope to assist you today.

Based only on what you are posting, it appears that the HOA is failing to uphold the terms of the governing documents (fails to maintain the common areas, enforce the governing documents, and is enforcing the terms and conditions in an arbitrary or selective manner).

However, this kind of suit is a somewhat complex one to bring, and you are best served by retaining a civil litigation lawyer to represent you (preferably one that has some experience in common interest development/HOA law).

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

Customer: replied 3 months ago.
This does not assist me in any way, I don't need your lack of services. I had hoped to get something other than a brush off so I will cancel my payment.

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