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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6423
Experience:  20 years experience as a civil trial and appellate lawyer
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We believe our HOA on a retaliatory effort is harassing us

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We believe our HOA on a retaliatory effort is harassing us and trying to find/create more and more problems in the areas that they have permitted and visited several times before.
Now they are requesting to enter inside the house ( Condo, One wall attached) to inspect, more than a year after all the renovation is finalized with no reason.
The series of harassment started after one of their contractors made some damages in our yard and they refused to pay. In a hearing session, we refused to accept their excuses to pay for the damages and we were not nice to them and thy took this personal and started retaliatory series of discriminatory inspections only against us in this community.Is there any way to cancel and refuse any inspection inside the house and at the worse to make sure that this inspection to be done only and only by a third company with no financial tie or history to HOA with no one from the board to be present at the time of inspection.
Do you think should we file a lawsuit for unlawful entry and to get restrain order against some or may be all the board members.Accessory information:
- They are requesting to remove all the lights of our yard, as wood siding is 'theirs", this is while there are other condos/houses that have the same thing. (and obviously if we do not connect lights to the wall, there is no other place to lighten up our yard)
- Their wood-siding company damaged our planters and tiles, and are refuse to pay for that.
- They give us hard time for continuation of tiles outside our courtyard, while other houses in the community has the same thing.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

The first thing to do here is to obtain a copy of the association's governing documents such as the bylaws & the CC&Rs. They may be on file with the county deed recorder's office or you can request them from the association in writing. You will then need to read those carefully to see when and under what circumstances the association would have a right to enter. If the association is not abiding by certain time constraints and notice requirements you can document those and refuse entry.

That said, it appears to me that the association is doing something that is illegal because it is engaging in selective enforcement of the rules and discriminatory practices. You need to gather the evidence [ dated photos, witnesses, etc] before the evidence disappears on the other folks who have lighting attached to the wood siding and tiles outside the court yard ]. [You may want to do this even before you request the governing docs].

In the meantime, if you find that the condo is fining you for not allowing access, you can sue under a declaratory judgment action to get a court to stop the fines based on a determination of your rights. See this law.

For the discriminatory acts, the HOA might be liable for a breach of fiduciary duty. This includes its attempts to enter your home as a retaliatory measure; instead of a good faith basis to inspect for a rule violation. An HOA has a fiduciary duty to act in the best interest of all the development’s homeowners, and to enforce all the rules and restrictions fairly.

Sometimes requesting a meeting with the board may solve this problem if a lower level employee is causing problems. If that fails, a cease and desist harassment / discrimination letter from a real estate litigation lawyer can solve the problem for about $250.00. This lawyer may also be able to file an emergency temporary restraining order to block an imminent entry.

If you tell me what county you are located in, I will try to find you a list of such lawyers to choose from.

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Customer: replied 1 month ago.
Thank you so much for your response. Our main concern is when they come in they are going to ruin our house, asking us to redo things, asking us to remove a big chandelier that we love, etc...
Is there anyway that we can get someone to come and inspect home and make sure that this is based on CC&R, before they step in.
Also I appreciate if you can send me the list of attorneys. We live in Orange county, CA
Thanks

Yes, if you can get a hold of the CC&Rs either by yourself or through the help of a lawyer, then that private lawyer and / or a civil structural engineer and/or a construction contractor should be able to tell you if what's in your home meets with he rules and regulations.

Use this link to find an HOA lawyer near you.

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