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- Newsgroups: misc.consumers.house
- Path: sparky!uunet!scifi!acheron!philabs!linus!linus.mitre.org!news
- From: bwise@hemlock.mitre.org (Barry Wise)
- Subject: Re: Dispute with Home Owners Assn - Advice Sought
- Message-ID: <1993Jan28.141316.6154@linus.mitre.org>
- Sender: news@linus.mitre.org (News Service)
- Nntp-Posting-Host: hemlock.mitre.org
- Organization: The MITRE Corporation
- References: <kgeib.728184747@truckee>
- Date: Thu, 28 Jan 1993 14:13:16 GMT
- Lines: 37
-
- In article <kgeib.728184747@truckee> kgeib@truckee.qualcomm.com (Ken Geib)
- writes:
- > 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.
- >
-
- Did you sign the contract with the tenants yourself or through the management
- company? If you did not inform the tenants of the restrictive covenants then
- you are responsible for the situation. If the management company did the
- contract for you they are probably liable for not informing the tenant of the
- restrictions.
-
- The fact that other violations exist in the complex is not relevant to your
- problem, just as the police not catching all speeders absovles you from a
- speeding ticket. Why do you insist on breaking the covenants? Is there a legal
- reason you can't comply? Why do they keep it chained on the patio? Does it
- bark? Is it otherwise a nuisance (threatening, growling, making messes?). Why
- didn't you tell them of the restictions? Did you think they don't apply to you?
-
- Obey the rules or get them changed.
-
- --
- Barry Wise
-
-