My HOA Is Discriminating Against Me . How Can I fight Them?
I need advice
I am a firsttime homeowner and I feel that I am being targeted by members of my HOA
I purchased a foreclosure in a 12 unit development late 2008... it was a great deal and i had to buy it sight-unseen, but i knew the area and knew that it was a sure money making venture
Well, as soon as I closed, my agent tried to get the keys for me and one member of the HOA told him "we are going to make his move-in very unpleasant since this was a foreclosure and we arent happy about that"
Turns out this lady is a miserable human being. A few examples: over the last 5+ years she has filed complaint to other HOA board against members of other communities for various triavl matters, she has made up her own parking stickers/tickets and she applies them to cars on "our street" that she doesnt recognize (its reads something like "you are in violation of the 6th St parking code and will be towed in 24 hrs") ... and theres no code to begin with. She paints the curb yellow here to deter "foreign" parkers... you get the idea)
the day i came to inspect the place (it was a dump) i was harrassed numerous times about the previous tenants missing HOA fees and how i was going to hgave to pay them, about how i can't have a pet over 30lbs (i had a puppy then), ettc etc
I paid a $200 move in fee at closing to cover damages. After my renovations were complate i was told the HOA wasnt happy with the hallway and that they were just "going to bill me wahtever" when they decided the amount of damage. I told them i wasnt their ATM and to use the 200 i had already paid. They said they want to use it as my "move out fee" instead
Well, my Homeowners insureance policy was cancelled a month after i moved in ... i dont know how that happened but nationwide had to look into it ... this was right after my agent sent them the necessary documants for my unit ... (shady)
There are other owners who have large dogs. None of them have recieved an email, letter, or even a verbal assault in the hall. I have. I think this is due to the fact that a few of these ladies wanted to buy my unit and i got the contract. Also, they have a history of not gettign along with men in my building. Just saying ... it goes to pattern
well now they are pushing to see me before the members of our community meet in june. they say if i dont meet before then they will turn the matter over to a thrid party ...
All but one person in my section of the community likes my pupppy. He doesnt bark, hes docile in the house, and my neighbors think hes fine/quiet/not a bother/etc ...
Also, my puppy has just finished level one of obedience school. Hes going to be certified as a therapy dog for the childrens cancer ward when the paper work comes through (soon) ... i have been told this will classify him as a "working animal" and will exempt him from their penaties...
See as they have not said one thing to the other owners of "large" dogs, isnt this discrimination? What legal rights do i have? Its killing me that the only complaint (official) has come from our lunatic wannabe traffic cop in my building and she deemed there was a problem when she saw him about 2 months ago ... there were no complaints previous and he is a well behaved puppy.
Here are the association documents and the latest email.
Quote:
5.
No flags, kites or other elements that detract from the integrity of the building may be hung on the building or in windows that are in clear view from the street without prior consent of the board. Satellite dishes of any sort are not permitted on or around the building under any circumstances.
6.
Total number of dogs per residence is limited to one dog per unit. Dogs may not exceed 30 pounds fully grown. This includes dogs owned by residents and each resident's invited guests, as well as tenants. . For the comfort of all residents, it is the unit owners’ responsibility to minimize pet noise at all times. Only traditional household pets like dogs, cats, birds and fish are permitted. It is required that dogs be walked in the neighborhood, dogs are not allowed in the courtyard.not the courtyard, and the courtyard is not to be used for dogs to relieve themselves. Dogs are to be physically accompanied in the common areas at all times. including the courtyard. Owners are required to immediately pick up and properly dispose of dog excrement. Owners are responsible for any and all damage caused by pets, including landscaping.
7.
Residents who do no clean up after their pets or who allow their dogs in the courtyard will be fined $ 25 for the first violation, with fines increasing by $ 25 per violation. Unit owners are responsible for fines levied against their tenants.
An area set aside for dogs to relieve themselves will be available soon in the service alley next to the building. Owners will be required to clean up after their dogs and dispose of excrement in the designated dog area of the service alley, just as with the rest of the property. There is also a dog park inside the local Park where dogs are allowed off-leash.
Quote:
Please note:
We will be having a spring HOA meeting everyone invited 6/9, the board needs to sit down with you before then, earlier is better. Any Monday through Thursday after work is an option, we will make ourselves available.
The HOA thought the issue was resolved when your puppy was not resident after the holidays, but now that he is back and quite a bit larger, the issue has to be resolved, hopefully in this meeting since the policy was in the listing, posted at the property and has been shared several more times since.
If we can’t meet before the general meeting, the board will turn the matter over to an outside party. Since you are a first time owner, we would rather meet with you to go over why this particular policy came to be and how enforcement actions are undertaken, rather than starting the process with you possibly unaware of end results.
I also have a favor to ask on behalf of the building – could you please not walk him in the landscaping? Before you bang your head against the wall, let me share with you that the HOA spent a good deal of money on the new landscaping ($1500) and the new landscape lights ($ 700) this spring to complete the last bit of the retaining wall replacement project (25k wall), and after 3 years of drought, we want to give the new plants every chance of growing as quickly as possible to cover up the basement windows and not break the new lights.
The HOA has been flexible with the resident dogs doing their business in that little spot near the basement door and has offered now to 3 different sets of dog owners to work with them to build a dog walk area in the alley, but the new landscaping can’t take people and dogs walking in and around them every day, and as with other common areas, damage repair costs will be charged to the unit. I’m sure you had no idea how much money Simba is strolling in, hopefully knowing the scope of the investment you will be happy to make that accommodation. I will also ask Jaime to do the same, we have already lost one of the hawthorns and I’m sure she won’t want dead shrubs while her place is on the market.
Speaking of, with Jaime’s unit going on the market at the end of this month, we want the best curb appeal possible, a quick sale at a good price is good for her and everyone else.
Let me know when you can meet, we would be glad to discuss these things in person rather than email. Thanks!
