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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116707
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have a neighbor who is the President of the HOA. He is harassing

Customer Question

I have a neighbor who is the President of the HOA. He is harassing me because I asked for a review of HOA books and documents. He came down to my property unannounced and uninvited to tell my husband I requested the documents without my husbands knowledge. Which caused me to tell him get off my property. Later, my husband wrote to the HOA and said, my wife has a right to request these documents. Now the guy sent an email to the whole HOA Board saying how my marriage is working, how I'm not telling my husband what I'm doing and what not. Instead of staying on track with the document request, he is more concerned about berating me and insinuating I need my husband permission to ask for these documents. Is there anything I can do?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years 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.
Legally, he cannot deny you the right to inspect the documents under the VA HOA laws. Furthermore, he is not entitled to harass any owner or retaliate against any owner for exercising their rights under the law. Whether your husband knew of the request or not is irrelevant and he is now engaging in harassment and retaliation.
You CERTAINLY DO NOT need your husband's permission as long as you are on the deed as an owner of the property. Furthermore, as you said when the president started all this your husband wrote a letter.
So, yes, you can sue him personally for retaliation and harassment for his conduct and also the HOA for their refusal to turn over the books and make them available for inspection and seek a declaratory judgment against the HOA ordering them to produce the books.
It would require an attorney, but suing in court is usually the only thing that people like you describe as your president to be understand.