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Samuel-II
Samuel-II, Lawyer
Category: Real Estate Law
Satisfied Customers: 27009
Experience:  real estate law
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How can I protect myself from an HOA Association which is

Customer Question

How can I protect myself from an HOA Association which is throwing "violation notices" at me for harassment? Not that I am an angel but their violations are related to my challenges to specific Board Members in Board meeting "open discussion" periods.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Samuel-II replied 4 months ago.

Hello

This is Samuel. So to be clear, you attend the open meetings and you are not disruptive and present your position at these meetings? And now you are getting violation notices? What do they say you are in violation of? Things at your house? What? Are they legitimate violations? Do other neighbors have any violations?

Customer: replied 4 months ago.
I got loud responding false statement directly directly at my veracity. Never profane, not physical (stayed in my chair), just loud to over talk a board president who would not let me talk. He kept talking over me. Also, out of ten emails received today from other community members present, 9 of them said he was out of order and I within my rights to be upset. {Not great proof but true}. This loud discussion was in regard to emails sent to me claiming action on community repairs, in which the manager lied to me. It's a sick situation(my judgement) board withholding information from not only community members but other board members.
Expert:  Samuel-II replied 4 months ago.

Thank you. Let me review this response and I will reply here shortly. Thanks for your patience.

Expert:  Samuel-II replied 4 months ago.

Thanks. So here is the thing, it is only harassment if there is continued annoying behavior without JUST reason. And if you are getting emails from the board about property violations then they are not going to be considered harassing, unless of course there are really no violations and the board is merely picking on you.

Customer: replied 4 months ago.
Your good
Expert:  Samuel-II replied 4 months ago.

If you are the only one being cited for possible violations, then you can bring the matter to court. And you can sue them for discrimination. If you have violations then you need to try to clean them up and then the Board has nothing to come at you with.

Expert:  Samuel-II replied 4 months ago.

If you have been lied to, then I suggest you try to work it out with the manager. Try to resolve this even though you don't want to play nice. Someone has to make that first move. Otherwise, it will be continue problems.

Customer: replied 4 months ago.
All very good suggestions of common sense, which I have definitely applied, to no avail. That's what caused violations to be issued in a harassing way.
Customer: replied 4 months ago.
okay I got it. Thanks
Expert:  Samuel-II replied 4 months ago.

Well, you can certainly apply for a restraining order. But as I said, if there is just or what appears to be "just" cause for the emails and continued communication, I suggest, it is unlikely you would be afforded one by the court.

Customer: replied 4 months ago.
Thanks have a great day
Expert:  Samuel-II replied 4 months ago.

The only other thing you can do, when the time comes, is run against this board member or support someone else to run against him for that board spot.

Expert:  Samuel-II replied 4 months ago.

You're welcome. Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures I get credit for my time.

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