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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How do I complain about the hoa president not following any

Customer Question

How do I complain about the hoa president not following any hoa rules. He makes decisions without notifing the board.
Held a disciplinary meeting wothout informing me.
Met with the person who assualted me and she threatened to sue. Did not call lawyer and then elected to discipline me by her side of the story.
He has mocked me on public media. Caused me undue stress.
The arb committee does not keep meeting notes. 99% of time the president decides arb approval without the board voting.
He bullies neighbors he does not like.
He and the arb chair meet without the board to approve arb requests.
He plays favorites in approving these as well.
I have all the emails from him.
I stated by intent to sue and he was biligerent and rude on the Facebook hoa site. Did not notify board.
I asked for a time to speak at next meeting and was told by him "that's not going to happen". I wanted an opportunity to defend myself. It was like getting assaulted all over again.
I then requested all meeting notes again was told notes.
The hoa and arb are being run by the president and arb chair.
Submitted: 9 months ago.
Category: Legal
Customer: replied 9 months ago.
I have been made to feel like I am at fault. The hoa president is harassing me and using personal opinion in his every email. NI requested a arb request form on a neighbor. And he stated I was not going to be seeing it. He blocks with ridicule everything I request.
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have multiple issues here. First, if the president is not following the bylaws, the first step is you need to file a complaint to the entire board by sending your complaint to the board in writing. If the board fails to take action, then you need to file a suit called a declaratory judgment action and ask the court to order the president and the board to follow the bylaws and can award you damages for them not following the bylaws.
Second, if the president is harassing you, then that is a separate suit you can file against the president for harassment and for making known false statements about you on social media and seek money damages from him as well as a restraining order preventing him from continuing to do so. That would be a separate suit from a suit for declaratory judgment against the HOA for not following their bylaws.
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