Get 2 months of free community web site hosting from Community123.com!
Thursday, November 15, 2018
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Harrassment as a Board member of Townhouse community
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
TaraE
(New York)

Posts:19


11/08/2018 7:19 AM  
My townhouse community is realitively small. We have seven buildings and my building has only five townhomes attached. My next door neighbors are horrible. They do what they want when they want. My husband and I have always tried to be good neighbors and don't want arguments. So we would go to them very nicely and ask them to stop a specific behavior. Our By-laws says that we have a reserved parking space per unit. My neighbors constantly have their guests dropoff and pickup in my spot, where there have been many of times that I had to wait for them to move for me to park in it. When I politely (and trust me I am polite- I have it on video and have asked third parties confirming that I was polite) asked them to not park in my space that the homeowner they are visiting's spot is open pull in there. They have nastily said to me things like, " why there was no car in the spot or you were supposed to be at work etc. " so my husband and I on several occasions asked our next door neighbors to please tell their guests to not pull into our spot. They said on two times that it would never happen again. I have on video and pictures from I phone at least ten times it has happened since then. I also have two community spigots on my unit.

My next door neighbor, whom doesn't EVER pay their common charges on time- was put onto the HOA board because a board member resigned. For one year, the majority vote on the board were my neighbor and two or her buddies. They scammed money (I cannot legally prove) and the management company would do as they asked. 1) my neighbor never was put on lien -regardless she should have never been on the board per our code of conduct. 2) never received a letter 3) the board would retaliate against anyone that complained about them.

So this year, May- I ran for the Board per my attorney's suggestion. Get the community involved to back you. SO I won by a landslide and got her off the board. So the "good guys" became the majority vote. So we according to our by-lawys switched to a different mgmt company and then one of the "bad guys" resigned but first said bad things about the board on social media.

sorry this is so long, but I need you to have background to hopefully help me in my situation. My neighbors keep parking in my spot. Mgmt sent them a letter to stop or they would be fined. They then had their people park in my spot more and linger and they played loud music for hours, but before the noise ordinance for our town. So cops wouldn't do anything. They received the second violation with a $50 fine. They posted the violation letter on Facebook and began to ridicule me (not by name) on how ridiculous I am for complaining about people just dropping off and picking up and getting other people in the community against the Board- In addition they said that the Board "mind as well send them the $250 fine as they are not stopping" . They continued and each time I showed proof and they just received the third violation of $100. They then have outright meetings in the parking lot laughing and pointing at my unit (childish I know) but I will not leave my house during this time as I am afraid what will come at me. Also, one of their minions verbally attacked me in the parking lot when I was throwing garbage out and even though I was defending myself - nobody was around to comfirm she called mgmt to say that I attacked her. Thankfully before I even knew that she called the mgmt company- I wrote a report on the attack and sent it into the mgmt company.

My neighbors are 90 days past due on their common charges. Our mgmt company will not allow us to make it known to the community. We have sent them a 10 day letter and because we weren't sure if the mgmt company sent it certified we took too long to say yes send it to the attorney. So on day 15 they asked for a payment plan. that was last night, where my next door neighbor then went outside to the back of my unit and played very loudly bagpipes (not sure if bagpipes can be played softly) and not very well either. I was at home trying to work and it went on for three hours. The cops couldnt do anything since it was only 3 in the afternoon. my management company said that they are afraid if they give them another violation they will only attack me more. Then at 8pm, my neighbor began to play his electric guitar very loud and screaming at the top of his lungs. The police finally came when we called, but said that he couldnt do anymore even if he didn't stop playing. My eight year old daughter could not sleep and my neighbor said to the cop that he thought it was 9pm. It is quite obvious that he is taking out the Board decisions out on me. Everyone keeps telling me that the Board and management company should be able to do something to stop them. But it seems like nobody does besides sending violations. HELP! we are being harrassed and I do not know what else to do. We can no longer have neighbor to neighbor conversations with them as we are not sure how they will twist it. Your help would be greatly appreciated. We live in upstate New York
AnnaD2
(Florida)

Posts:947


11/08/2018 7:35 AM  
Wow! I thought I wrote this letter, as the SAME stuff is happening to me, too. I, like you, watch for when it's "safe" for me to leave my condo to run to my car! Last week, one of the neighbors screamed a VERY vulgar name at me....across the grocery store parking lot! After one neighbor banged on my door to yell at me for the violation letters he's gotten I said I'd call the police if he didn't leave. Then he called the police FIRST to tell his side of the story. The deputy simply left. I'm very surprised that a lien process hasn't been started for their unpaid dues. Do you have an association attorney? I think this should be turned over to him/her. I'm really sorry this is happening to you. I know how it is!
TaraE
(New York)

Posts:19


11/08/2018 7:56 AM  
Wow Anna, I am sorry for you. We have a new mgmt company (I am sure they regret taking us on) they have only been on since Aug. These past Board members left very little money in the reserves etc. we really do not have the money to have an attorney deal with this. UGH.

I have an account with lawyers through my the company I work for. I pay a monthly fee. I contacted an attorney back in Feb before I was on the board. I just contacted him asking what type of attorney to contact. He just emailed me to contact the Distric attorney. I wonder if the district attorney will really help me.

Hmmmmm. What are you doing?

Ta
SteveM9
(Massachusetts)

Posts:3105


11/08/2018 8:34 AM  
Anyone who parks in my legal spot gets towed. Period.

Disturbing the peace late at night gets a police call. Period. I dont care how many times I need to call, its a police issue.
RoyalP
(South Carolina)

Posts:65


11/08/2018 9:32 AM  
ditto

+

?restraining order?

+

?injunction 'not to park'?

RoyalP
(South Carolina)

Posts:65


11/08/2018 9:33 AM  
Posted By SteveM9 on 11/08/2018 8:34 AM
Anyone who parks in my legal spot gets towed. Period.

Disturbing the peace late at night gets a police call. Period. I dont care how many times I need to call, its a police issue.




steve,


however, no one is actually parking in 'her' spot - they are merely stopping/standing for loading/unloading



TaraE
(New York)

Posts:19


11/08/2018 9:39 AM  
Right not parking, but sometimes sitting there for a period of time. In NYC (I am not in the City, but New York State), if a sign says no standing that is like how my spot should be regarded. Do not put your car in my spot and sit there for any period of time. I am not unreasonable, if the pizza delivery boy pulled in to deliver your pizza- I do not expect you to tell him to take the pizza move his car and then come back. I am talking about parents waiting for their children to come out of my neighbors house or dropping off. There is a lot of chatting and there have been times I have come home and they are in there and i park behind them and they yell at me "YOU WERE SUPPOSED TO BE AT WORK"

Sorry that is non of your business right?

But it isn't even just the action- it is that they are doing it purposely and consistently even though they have been asked and told not to.
TaraE
(New York)

Posts:19


11/08/2018 9:41 AM  
Royal P,

Please explain in more detail. Who would issue a restraining order? Cops are telling me they cannot do anything. And also the injunction "not to Park" how would that look, especially when they do not stay long enough to get towed, but long enough to be annoying

Thanks
Tara
RoyalP
(South Carolina)

Posts:65


11/08/2018 9:42 AM  
file for an injunction preventing said behavior

TaraE
(New York)

Posts:19


11/08/2018 9:44 AM  
Do you mean with the court? if so, right now I am trying to find an attorney on the personal side. Was wondering if there was anything I could get them on as the Board side. In other words, it is obvious that they get notice from mgmt and they take it out on my. There is a clause in the By-laws that say that Board members shouldn't be treated that way. Yet it doesn't say the action that would be taken.
RoyalP
(South Carolina)

Posts:65


11/08/2018 10:05 AM  
yes, with the court

for example: an 'order of protection' is a type of injunction

you need a judge to issue an order barring SPECIFIC neighbors from 'trespassing' upon your property

should they violate said ISSUED injunction you can then call law enforcement and have them arrested


HOWEVER

the injunction will be quite specific as to whom it 'names'



BEST OF LUCK
JenniferG11
(Texas)

Posts:492


11/08/2018 8:10 PM  
Are you required to give them a payment plan? I wouldn't cut them any breaks that you are not legally required to.

As for the DA, no harm in contacting him or her. You are being consistently harassed.

Do they stay in the parking space long enough for a tow truck to arrive?
TaraE
(New York)

Posts:19


11/09/2018 3:29 AM  
we are not required to give a payment plan, but since there has been such controversy we felt that to avoid them saying that they are being targeted we felt that it would be best to allow them to do the payment plan as they asked. But the terms says that if they miss a pyament etc. it will automatically go to the lawyer and will be due immediately. They do not stay in the spot long enough to get towed as we do have a towing company.

GeorgeS21
(Florida)

Posts:750


11/09/2018 11:35 AM  
Hmmmm .... being nice may not be something this neighbor either understands or deserves.

The process should be exactly the same ... if you have given others opportunities for payment plans, then you could this time. If this is the first time this has arisen, I would consider setting a high bar ...
JohnC46
(South Carolina)

Posts:7820


11/09/2018 1:39 PM  
Posted By GeorgeS21 on 11/09/2018 11:35 AM
Hmmmm .... being nice may not be something this neighbor either understands or deserves.

The process should be exactly the same ... if you have given others opportunities for payment plans, then you could this time. If this is the first time this has arisen, I would consider setting a high bar ...




I agree. One must be consistent. If not, the trouble begins.
AnnaD2
(Florida)

Posts:947


11/09/2018 3:12 PM  
We have tried "payments plans" twice, in the past and it always backfired. It was simply a "delay tactic" for them to live there longer, for free, and we had to go forward anyway. So now it's NO to payment plans. Tara, we do have an association attorney and he is currently working on his next plan of action against these aggressive people. I'll keep you posted.

GeorgeS21
(Florida)

Posts:750


11/09/2018 3:20 PM  
One of my neighborhoods has used these - I think twice in recent memory - one owner successfully made it through the plan, and the other did not.

I personally don’t like these sorts of mechanisms ...
JohnC46
(South Carolina)

Posts:7820


11/10/2018 7:51 AM  
Posted By GeorgeS21 on 11/09/2018 3:20 PM
One of my neighborhoods has used these - I think twice in recent memory - one owner successfully made it through the plan, and the other did not.

I personally don’t like these sorts of mechanisms ...




George

Without offering a payment plan, would that one not have gotten caught up?
GeorgeS21
(Florida)

Posts:750


11/10/2018 12:19 PM  
My impression is no ... without the very lenient plan developed by the MC and Board (prior to my time in the neighborhood), I don't think so ... the HOA would have put a lien on the property, and it would have simply accrued till the house was sold. The owner is still in the house.
TaraE
(New York)

Posts:19


11/13/2018 9:06 AM  
Actually, our mgmt company said that they have until Nov 15th to sign the payment plan and if they do not or if they faulture on any part of the agreement it automatically goes to the attorney for lien - payment immediately. They haven't ever paid on time, but the Board was corrupt as this person as also on the Board and the mgmt company was corrupt. I got on the Board and blew it all up. Now, we are the majority - got rid of the corrupt mgmt company and got rid of another corrupt Board member. So this is why they are all Bullying me. We, the "New" Board could reveal everything to the community. But legally this Board thinks that we cannot. I think it is our duty to. I think we should call them all out, but since we are only 49 units the concern is that we still need to live with each other... it is painful
JohnC46
(South Carolina)

Posts:7820


11/13/2018 12:18 PM  
Tara

Enough with the grudges and getting even. Work on moving the association forward.
GenoS
(Florida)

Posts:2466


11/13/2018 12:22 PM  
"Bullying" with a capital B! Hot diggity!
TaraE
(New York)

Posts:19


11/13/2018 12:36 PM  
Hi John,

I am not sure what you mean about "enough with the grudges and getting even. Work on moving the association forward." Please elaborate on how you see me having a grudge?

Thanks
Tara
TaraE
(New York)

Posts:19


11/13/2018 12:38 PM  
it is horrible and I have spoken to my third attorney and the last one said that I should contact a litigation attorney as there is nothing they can do on harrassment, but I can sue for them using my parking space. This is beyond amazing to me on what people can get away with. The arrogance and our system allows it. I am disgusted
TaraE
(New York)

Posts:19


11/13/2018 12:42 PM  
Also, the problem has been that the people that were corrupt on the board before I began - retaliated against the community that went against them and you would think that there is a new board that wouldn't go on, but since we are only 49 units and these horrible people still live here- they use facebook to ridicule us to the rest of the community and to verbally attack us in the parking lot. So when the lien came up and then they asked for a payment plan- we wanted to have all of our ducks in a row so it would appear that we did every thing to help them - so when they do go into lien it doesn't look like we are targeting them. As we are not anyhow. If they paid their common charges and weren't doing violations- we wouldn't be coming after them. I feel targeted.
TaraE
(New York)

Posts:19


11/14/2018 10:44 AM  
Update, Sooo we get a message from management that these people basically say that they cannot pay the full amount on the payment plan in Nov. that they can only pay $500. If they could just adjust it for Dec and Jan. I was upset so I called management who proceeded to tell me that He went into the management office on Friday and in a nutshell agreed that they were intentionally being jerks to us and that basically if we approve this payment plan he will stop. And the management company thought this was a good idea.

I said, "so what happens in Feb when and if they are done with the payment plan? They go back to being jerks?" So she changed the subject. I said that I am not approving this payment plan I want them go straight to lien. Oh they are going to barter.

Am I wrong?
RoyalP
(South Carolina)

Posts:65


11/14/2018 11:25 AM  
wrong ?

no



hard headed ?

yes



food for thought: you will never regret taking the high road
TaraE
(New York)

Posts:19


11/14/2018 11:33 AM  
Hard Headed? So basically you are saying that he has been retaliating to my family because as a Board we are upholding the rules of the community - he admitted to doing this and basically saying that he will stop if we allow him to be a better citizen. So when the payment plan is over- does this mean he can go back to doing this all over again?

it is hard headed to stand up for myself and our community? I actually just spoke to two Board members that said - one said, " I vote yes of fear they will retaliate" and the other said, "I am not voting of fear of retaliation"

Should a Board run this way? should we allow ourselves to keep getting bullied?

if I am wrong I am wrong, but hard headed I do not think that applies in this circumstance.
GeorgeS21
(Florida)

Posts:750


11/14/2018 12:04 PM  
Tara,

Hold everyone to the T&Cs of your docs ...

If the HOA folds, then a new standard is set for the future.

Demand payment, demand interest be added when it isn't paid, demand the property be liened as soon as the level of unpaid dues re your docs and state law allows.
RoyalP
(South Carolina)

Posts:65


11/14/2018 12:04 PM  
..... agreed that they were intentionally being jerks to us and that basically if we approve this payment plan he will stop. And the management company thought this was a good idea. .....


Let that be the 'last chance'.

If you are harassed further it is time for legal action.

THAT is the time for hard assed aggression on your part.

You have been 'fooled once', give them the chance to fool you again.

THEN jump all over them.

BEST OF LUCK


..... I actually just spoke to two Board members that said - one said, " I vote yes of fear they will retaliate" and the other said, "I am not voting of fear of retaliation. .....


The first is guilty of willful malfeasance, the second of nonfeasance.

If y'all are actually in fear, y'all should have taken appropriate legal action way before now.

Go get an order of protection and/or an injunction to stop the behavior.

BEST OF LUCK


Next time: CAVEAT EMPTOR
AnnaD2
(Florida)

Posts:947


11/15/2018 7:35 AM  
Tara, you're not being hard headed. You are part of running a "business" and this is part of your "job" and I, for one, feel you're going about it the correct way. Who else do they think they can barter with? Their mortgage company, the electric company, local gas station? They're receiving services and they need to pay for them. Period.
SamE2
(New Jersey)

Posts:24


11/15/2018 8:07 AM  
If you just look at the business end of it you accept the payment plan like the management company suggested. You are looking at the personal side you relationship with the neighbor. The lien will do nothing to improve the relationship or get the money the additional couple of months might get you the money and might help to improve the relationship. I would give them the extra couple of months and hope for the best and prepare for the worst. Also if they situation does not get better I would let the whole association know what is going on. We have one owner that lies and we call her out every time she does it.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Harrassment as a Board member of Townhouse community



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement