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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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Please! I have been dealing with a tenant that has a barking

Customer Question

please! I have been dealing with a tenant that has a barking for quite some time, I have gone through the eviction process and finally had him removed from the property on Sept. 26th. The HOA board has continued to fine me during the whole process and now after I told him he is gone slapped on 3 more fines totaling $1,000 for the previous month.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: One, can they do that? Two, can I fight it?
JA: Has any paperwork been filed?
Customer: Yes, they have an attorney and attempted to mediate, but I told him he was moving out!
JA: Anything else you want the lawyer to know before I connect you?
Customer: I also wrote to them and told him he was gone!
Submitted: 7 months ago.
Category: Real Estate Law
Customer: replied 7 months ago.
California.
Customer: replied 7 months ago.
Barking dog
Customer: replied 7 months ago.
Here is the last communication I had with the HOA & as you can see the attorney as well.-----Original Message-----
From: Debbie Esquivel <*****@******.***>
To: angie <*****@******.***>
Cc: RKaiser <*****@******.***>
Sent: Thu, Sep 29, 2016 12:06 pm
Subject: Re: Lindenwood HOAHi Angie,Sorry I didn't make it to the meeting Tuesday night, but I told Gary to let you all know that my tenant, ***** ***** and his dog did move out as planned on Monday, Sept. 26th. Gary was in my condo on Tuesday morning to confirm this.I have a new tenant moving in on Sat., Oct. 1st that is a quiet young couple with no dog(s)! I have added an additional form besides the rental application, titled "House Rules" see attached to avoid these types of situations again.I was very careful in selecting a tenant this time and had over 86 applications to consider. I narrowed it down to eight and finally choose my newest tenant yesterday. We will be signing Residential Lease Agreement tonight.If you have any further questions, you may contact me at my telephone number listed below.Thank you,Debbie Esquivel
American Income Life(###) ###-####cell***@******.***The finest compliment I can receive is your Referral of a friend or family member.
Thank you!-----Original Message-----
From: Angie Adams <*****@******.***>
To: ***** ***** <*****@******.***>
Cc: Ray Kaiser <*****@******.***>
Sent: Sun, Sep 25, 2016 8:04 am
Subject: Re: Lindenwood HOADebbie
As of this am I have received three video recordings of the dogs in 130 barking. Nothing has changed and it's not one owner complaining, it's several who have heard them. This is more documentation that the problem still exists
The litigation is still in process.Thank you,
Angie Adams CMCA, AMS, PCAM
Pacific Coast Management, Inc.On Sep 23, 2016, at 10:18 AM, Debbie Esquivel <*****@******.***> wrote:Hi Angie,Just want to update the Association on what is going on in Unit 130 at Lindenwood.I have spent the last week there every day cleaning and getting ready for new tenant to move in Oct. 1st.My tenant, ***** ***** is out of town and returning today and has 3 days to remove his belongings, which is by end of day Monday.I have packed up all his belongings and they are in one room, to make it easy for him and I will be there all day Monday making sure that he leaves and changing the locks.I did receive notice of the dog barking again on 3 separate dates, two of those dates he was out of town with the dog just like he is now and I can prove it with receipts for a pet friendly room on those dates.I hope the Association will take into consideration that I had to go through the eviction process and now it is finally coming to an end.I just received more litigation regarding this matter, and want to assure the Board that it is over and my tenant and his dog will be gone on Monday, Sept. 26th.Thank you for your patience in this matter,Debbie Esquivel
American Income Life(###) ###-####cell***@******.***The finest compliment I can receive is your Referral of a friend or family member.
Thank you!
Customer: replied 7 months ago.
The letter I just received with $1,000 in fines for is dated Oct. 4th (after the above communication) and for dates in August & September. I also have been made aware that the HOA is being sued by one of the owners regarding my tenant.
Expert:  Damien Bosco replied 7 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 7 months ago.

Can you review the fines again and state what reason the HOA applied them to you? What is your argument against the fines?

Customer: replied 7 months ago.
The HOA has fined me $100 and $200 in the past for my tenant's barking dog, which I have paid. I started the eviction process in July of 2016 and had the Marshall's remove him on Sept. 26th. I just received another letter from the HOA today (dated Oct. 4th) with three more fines for dog nuisance: August 16th $200, August 31st $400, and Sept. 1st another $400 totaling $1,000. This is after I told them I was going through the eviction process and having him removed.
Expert:  Damien Bosco replied 7 months ago.

Those seem to be hefty fines when you when your were taking the right steps. Have you spoken to anyone yet about reducing them?

Customer: replied 7 months ago.
My argument is I did everything legal, went to the judge, got the eviction, served him and had to wait until the 90 days to have him removed and the HOA knew this. Who decides on the fine amount, is it random? It is not like I wasn't doing everything possible to get him out. I had to go through the legal process. Can I counter sue?
Expert:  Damien Bosco replied 7 months ago.

The fines do seem unreasonable. Unless the fines are set in the bylaws or other legal documents, most likely they seem to be at someone's discretion. It is not something you sue about but you can object to them. It is a defense. Someone in your position can provide what is called an affirmative defense that the fines are unreasonable. We can discuss more if you would like to do so.

Expert:  Damien Bosco replied 7 months ago.

Hello again! Checking in to see if you further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to do so.

Customer: replied 7 months ago.
I asked to reduce fines and here is what I received:
Debbie,
The Board has the right to decide on fines. This took way too long and a lot of owner’s were not able to enjoy their right to peaceful enjoyment for 18 months. We appreciate you finally doing something but there were too many incidents.
Thank you,
Angie Adams CMCA®, AMS®, PCAM®
President
Pacific Coast Management, Inc.
Expert:  Damien Bosco replied 7 months ago.

Debbie: Thank you for the additional information. Sorry to see that they are not willing to lower the fines. So, what happens if a homeowner does not pay you may ask. An HOA can put a lien on the unit or home for the fine amount. Most likely it would not go to court about it. But if so, a defense remains that the fines are unjustified and even if justified, they are unreasonable.

Expert:  Damien Bosco replied 7 months ago.

Hello Debbie: If you have no more follow up questions, I hope that I have provided excellent service to you. I know the answer is not quite what you would want to hear, but if you can give me a positive rating between 3-5 stars for the service I provided to you, I would appreciate it. Best regards.

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