assessments

Started by MitchG • 11 replies • 1378 views

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MitchG
Posts: 5

Posted:

My neigbhor is being targeted by the HOA and manager. She stated that the manager has made defaming claims and her husband refused to speak to the manager.
the manager and her boss tried to force him to speak to the HOA manager who made the claims.

As she stated they are assessing legal fees for the lawyers for the communications they had with the lawyers who forced the guy to communicate with them

He is pissed because he was told by his lawyer to avoid any contact with the manager.

what can they do

I feel bad for them.

TimB4 (Tennessee)
Posts: 21,047

Posted:

Mitch,

Since you said that the issue is in the hands of attorneys, all you can do to assist your friend is to just be there for them.

JeanneK3 (Maryland)
Posts: 562

Posted:

Mitch:
Do your governing documents give the association the right to transfer the association's legal fees to a homeowner? If not, they are breaking the law and your neighbors should inform your local Office of Consumer Affairs and/or fight paying these fees.
Jeanne

MitchG
Posts: 5

Posted:

What are the governing docs?
Are they the covenants?

The lawyers were involved at the beginning they are not now.

As I understand the manager has an axe to grind from her old job with the husband and a police report he filed against.

The board has a vendetta because he had an old case with the water board where he lives.

The covenant board flat out hates this guy.

I've seen his house and its in great condition and never in disrepair

I feel bad for her she in a quiet person.

The manager has said the he threatened her in the past and he wants nothing to do with her and they forced him to have contact with her

RogerB (Colorado)
Posts: 5,067

Posted:

Mitch, What is the rest (the other side) of the story? What you have posted is hearsay and does not make sense to me unless the homeowner is in violation. I have found association's prefer to resolve problems and they would not spend money on an attorney unless the homeowner was unwilling to communicate with their manager. And Why did the homeowner need an attorney? There appears to be a lot more to this than you have posted.

MitchG
Posts: 5

Posted:

Roger I am not prevy to all the doings but as I was told the manager told the board that the a truck parked on the side was not in the plan.

I asked her about it and the original management company approved the design. If memory serves me right it was Warren Management.

The manager told them they did not have the authorization to park the truck.

The insuing issue took place when the they contacted the old management company and it was confirmed that she had the proper authorizations to finish the yard 3 years ago. It was inspected and signed off on.
The manager got a compliant about the truck and thats what caused the issue I am getting more information

Roger you seem to be speaking from a HOA perspective. I can tell you that she has done nothing wrong.
It's the husband they dislike pure and simple. I read an email from her that says the he was to only contact the lawyers.

This smells like retailiation from jump street.

I can tell you that if someone threatened me I would not want them speaking to me either.

Are you suggesting that victims have contact with their threateners?

I have a question are you involved with an HOA?

MitchG
Posts: 5

Posted:

This is Mr.Pace the person this thread is about.

To Roger

The only side to this story is the fact that I was criminally accused of communicating threats against the manager.

I at the advice of my attorney refused to communicate with the accuser which is a legal right.

Mrs. Klinge is the responsible party.

I have had several encounters with her some nice some were a horror story waiting to happen.

It was her and the board who started this mess. The emails show the history.

I was living my life covenant and harrasment free until She told us that we didn't have permission to park my truck beside our home.

I had to get the prior management company involved and thats what caused it. We already got permission and the documents disappeared from the file.

I got the old managment company to call her old company and Michelle Greene confimred that she personally "OKed" our plans.

The file was in Klinges position as I was told by her old employer.

The truck was parked where it was for over 2 years without any mention of an issue as far as we know.

The underlying issue is that I am in a court fight with the water board where I live and the covenant management board is upset that I am basically suing them so to speak.
The suit effect them.

This all started when Lisa Klinge told her new company Associa that I have 16 restraing orders (all dismissed)

I went into the office to get the driveway resolved and Leisa had her Deputy husband present.

Associa took her side on the matter. I mearly stated because of the prior accusations by her of threats that I didnt want to have her make any additional false accusations. the legal advise I got was to cease all communcation with her to prevent any criminal actions from being taken by Associa.

She then demanded along with Associa that she was the point of contact like it or not.

Let me make it perfectly clear a woman states that I threatened her with harm then demands that I have contact with only her. Seems funny doenst it.

I followed my legal advise and the advise of the El Paso county Sherriffs dept.

I got noticed by there lawyer to cease and desist all contact on May 21, 2011 and I did.

The legal fees are whats being assessed to us for doing what the lawyer said to do in the first place.

I have the email trial to back it up.

Mrs Klinge has made this a personal matter and not a job matter. She has convinced her company that I am a threat.

It was her boss that emailed me back in May and said that Leisa is the point of contact.

When someone threatened my wife I got the cops involved but this never happened.

If as the Associa has stated that they are "concerned for the saftey of their employees" then why did they order me to continue contact with a party who is frightened of me to begin with?

I told them that I was willing to use anyone other then her. Associa's responce was "NO"

So either statement applies here

Either Associa didn't believe I was a threat and created the situation. Or They believe Leisa and have placed her in harms way.
According to there responces to several emails I have, either way I followed legal and law enforcement advise and didnt have contact with her.

Now Leisa cant claim that she is being threatened by me.

The board is pissed that I have a case now pending in court against the water board.

Blake Mathies has made that pretty clear.

He has called me names in the past and I told him to stop it.

I defended myself over the past case and Leisa used it to further slander me.

MitchG
Posts: 5

Posted:

I told my wife not to let others post here
our friend are nice but they mean well

RogerB (Colorado)
Posts: 5,067

Posted:

Mitch, Your post indicates "the a truck parked on the side was not in the plan". If this is the alleged violation, do the Covenants not allow the truck to be parked in that location? If so, no manager or Board has the right to approve such parking. If the Covenants are not clear, did you get approval in writing? Care in following the Covenants and getting approvals in writing and keeping a copy help prevent such problems.

I speak from the experience of many years managing numerous HOAs and being a past Board member in 3 states.

TimB4 (Tennessee)
Posts: 21,047

Posted:

Quote:

Posted By MitchG on 11/23/2011 8:03 AM

What are the governing docs?
Are they the covenants?

Mitch,

Ignore the issue between the neighbor and the Management Company.
As you said you don't know all the details, and since you are not part of the issue you probably never will.

Based on your posting of the questions above, you need to educate yourself on what a Homeowners Association is, how it works and what your rights and responsibilities are as a member within one.

Covenants are your deed restrictions. The full name would be the Declaration of Covenants, Conditions and Restrictions. They are sometimes referred to as the CC&Rs, The Declaration or the Covenants. This is a contract you entered into with all your neighbors and other members of the Association simply by buying your home. Failure to comply with this contract may lead many, many issues for you.

The governing documents include the CC&Rs, the Articles of Incorporation (the paperwork that the Association files with the State to become a Corporation), the Bylaws (rules adopted by the Association that specifies how the Association is to run) and Resolutions (formal decisions made by the Board of Directors that may include additional rules and guidelines you must comply with).

Additionally, there are several State and Federal laws that applicable which you and the Association must comply with.

The membership elects individuals to be a Director and serve on the Board. Officers are typically appointed by the Board of Directors and perform the day to day tasks of the Association. A management company or Property Manger works with the Officers and for the Board of Directors.

If you don't have copies of your governing documents, I strongly suggest that you contact your Board or Management Company and get copies. Then you need to read and understand them. If your neighbor doesn't have them, they should also get a copy.

Here is a link to Community Associations Network Colorado Web Page which has more specific information about your State laws, etc.

Quote:

Posted By MitchG on 11/23/2011 8:31:28 AM

I can tell you that she has done nothing wrong.

Mitch, as you posted you don't know the whole story and neither do we. I am sure that this is your perspective of the issue. However, only those involved truly know all the issues.

Quote:

Posted By MitchG on 11/23/2011 9:43:23 AM

This is Mr.Pace the person this thread is about.

For your neighbors sake, do not post anything on this forum sent to you. If they want to post, fine but you should not post for them. As this is a public forum, anything they tell you can be used against them if someone finds out.

For the same reason, I would also strongly recommend that your neighbor not post here at all.

Additionally,

TimB4 (Tennessee)
Posts: 21,047

Posted:

I'm not sure why the rest of that post didn't come through. Here is the rest of it:

Additionally,

TimB4 (Tennessee)
Posts: 21,047

Posted:

Interesting, lets try it without the link:

Additionally, this forums posting rules wants No Mention of Community/Company/Person Names.

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