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- From: kgeib@truckee.qualcomm.com (Ken Geib)
- Subject: Re: Dispute with Home Owners Assn - Advice Sought
- Message-ID: <kgeib.728184747@truckee>
- Sender: news@qualcomm.com
- Nntp-Posting-Host: truckee.qualcomm.com
- Organization: Qualcomm, Inc., San Diego, CA
- References: <1993Jan21.200204.11629@netcom.com>
- Date: Thu, 28 Jan 1993 01:32:27 GMT
- Lines: 36
-
- bsardis@netcom.com (Barry Sardis) writes:
-
- >I own a condo. I engaged a mangement company to locate a tenant.
- >This is the same company that manages the complex for the HOA. The
- >tenants have a dog and they keep it chained on the patio.
-
- >Some residents complained about the dog. The HOA CC&Rs do not allow
- >pets in the complex. There are lots of cats in the complex, roaming
- >free.
-
- >I have had conversations with the management company on the situation.
- >There have been some discussions and compromises. The management
- >company sends threatening letters and fines my account. I wrote a
- >letter asking for a dialog, but the next letter was more of the same
- >without even an acknowledgement of my letter.
-
- >I intend to speak directly to the board. There are numerous other
- >violations of the CC&Rs evident in the complex. I am not normally
- >one who makes waves.
- Definitely talk to the board. They are the ones ultimately responsible
- for the management company, but don't expect a lot of give. You did
- accept the CC&Rs when you purchased the place. There may be other
- violations in the complex, but no one's complaining about them and from
- my experience, action doesn't ever really take place unless someone
- complains (as in your case with the dog).
-
- One option you haven't mentioned is trying to change the CC&Rs.
-
- >What I want to know is do I have any legal recourse to get them to
- >stop the harrassment? Can I take them to small claims court?
- When considering legal action, keep in mind that you are a member of the
- HOA and, in a sense, you'd be taking yourself to court. You and the rest
- of the HOA end up paying the legal costs in higher HOA dues.
-
- ----------
- Ken Geib
-