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Subject: Three issues, I could use your help

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KimM8
(California)

Posts:109

03/09/2010 7:32 AM
# 1Some of you may remember that I posted about having to remove our washer and dryer and getting letters telling us we need to get rid of it. This has been going on for two years, since our EX BOD President made a ruling that our plumbing can't support washer and dryers. She tried to say that her and two other people were exempt from this ruling. I brought up legal rules about fiduciary of duties, equal treatment, etc. Since October we have been getting violation notices, saying we will be fined for having a washer and dryer. We don't use it, but it sits in our storage closet. Well for a few weeks my husband has suspected that the ex pres has been using a washer and dryer, and yesterday he saw her using it...!!! She fought to get washers and dryers removed, saying if the BOD let people keep them knowing the problems with plumbing then the HOA would be responsible for damages, but fought to try to keep hers. This really makes me mad. # 2 On a separate note, we have three trees on the south side of our condo, the blocked the view of a propone/RV dump and several business with neon signs. Friday we came home to find they cut down only one tree, the one right in front of our bedroom window!! No notice was given and no reasoning! Now if we keep our blinds open people on the street can see right into our window, because they are on a hill that sits flush with us on the 2nd story. Can we request they plant a tree to replace this one. There is no damage being done to the sidewalk next to it. # 3 Lastly, my husband submitted a request for a storage container (to be put in his parking spot) for his work (police officer) motorcycle. This would be temporary, we would place it in a corner spot and paint it to match the buildings. It's been denied. They said they mailed us denial six weeks ago. According to the rules the BOD has 45 days to deny a request or it's considered approved. We never got the denial they said they sent six weeks ago. My husband get's 8 hours a month of overtime to maintain his work motorcycle, this decision is going to costs us $400 a month from his pay. Should we fight that they never gave us written denial by the 45 days as stated in our CC&R's? Also, this is a temporary assignment for the next 2.5 years.

GlenL
(Ohio)

Posts:3526

03/09/2010 8:37 AM
Kim, if he has proof she was using it then file a complaint. This doesn’t mean it’s a slam dunk there will have to be a hearing before the rest of the Board which may or may not find her guilty. In the alternative CA law gives you the right to take her to court to enforce: Civil Code §1354. Enforcement Rights, Attorneys' Fees. (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both. (b) A governing document other than the declaration may be enforced by the association against an owner of a separate interest or by an owner of a separate interest against the association. (c) In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs. #2 You can ask but don’t be surprised if they say no. #3 Again, you can take them to court however if they have independent proof that it was handled in a timely manor, you would loose. Things like the minutes of the meeting where it was denied and a copy of the denial letter. While it would be nice if they sent the denial registered mail I do not believe it is required and it is assumed that it is delivered if mailed; all they have to do is swear and affirm that it was mailed.

Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns

MaryA1

Posts:0

03/09/2010 9:21 AM
Kim, In answer to your questions: #1: I would send the board a registered letter letting them know you are not using the washer and dryer but will continue to store them in your storage unit. They cannot prohibit you from doing that! You could register a complaint about the Ex-pres but it could be construed as "sour grapes" in view of the fact that you've received violation notices for the same thing. If I were you I wouldn't want to jeopardize anything about getting my own violation resolved. #2: As Glen says, you can make the request but the BOD does not have to comply. These trees are on common area and the BOD has the authority to landscape the area as they see fit. Would you be able to plant a tree on your property to block the view from your BR window? #3: As for the denial letter which you claim you never received -- that's a case of your word against theirs. They may choose to believe you did receive the letter and be emphatic that the request was denied. You may want to try a different tactic: Send a registered letter to the BOD asking for a waiver to park the motorcycle considering the fact that your husband is a police officer and is required to take his motorcycle home. You might also state that he is on call 24/7. AZ has a state law allowing emergency vehicles, including police and F.D. to park on the driveway and street.

KimM8
(California)

Posts:109

03/09/2010 9:50 AM
I called the management company to ask about the tree and was told I had to address my concern to the board. I also mentioned the homeowner, ex pres who is using their washer and dryer. The woman told me they were aware of it and I asked if action had been taken, she said the homeowner had been notified. I told her this has been going on for months, almost six since the initial letter was sent and that she was the one who told everyone else in the complex that washers and dryers had to be removed because any damage to a unit would be the responsibility of the association. I told her it sounded like she was getting preferential treatment, to which she said “uhuh.” I asked her if she was agreeing with me, that she was indeed getting special treatments. She suggested I bring it up at the board, I told her I wanted to remain anonymous and didn’t feel comfortable bringing it up at the board meeting. She said I could send an e-mail to the manager and she would forward it to the board. I asked if she would forward my e-mail to the board anonymously and she said she couldn’t make any guarantees. I told her that in the past all information has been anonymous and any leak of my name to the violator wasn’t something I would let go lightly. She told me my questions were inappropriate and that she had nothing else to say to me… I guess I was too harsh?

MaryA1

Posts:0

03/09/2010 10:28 AM
Kim, Frankly, IMO, I think you should be worrying more about your own violation notices and the A/C request than about another members presumed violation.

KimM8
(California)

Posts:109

03/09/2010 11:32 AM
Mary, I understand, and you’re probably right. On principal, it’s frustrating that they are letting her get away with it, when 1. she was the one who fought to get them removed, 2. the reason was because any damage to a unit from a washer or dryer because of plumbing and her reasoning was that the association would be responsible, which means I have to pay from my dues. I have health concerns and am not supposed to carry anything over the weight of a gallon of milk. I have to carry my laundry down my stairs to the laundry room. And we submitted an AC request for our washer and dryer, with no response. Our CC&R’s state that the BOD has 45 days to reply or the request is considered approved. The city has also approved a permit for instillation. Then months later they had the BOD lawyers send a letter to all homeowners to remove their washers and dryers. This was while she was still on the board. As for my husbands motorcycle, we don’t want to park on the street. We have a gates complex, but in six days we had four cars stolen, we have vandalism and break-ins. We know if the bike was left free standing it would be “messed” with. The suggestion was for us to get a crate specifically for motorcycles to lock the bike in, which would sit in a parking space, in the corner of the complex. As for our violation notices, we aren't in violation of anything. They ahev sent us notices, even one notice was for a rule that didn't exist. We pointed that out and they stopped sending us notices for that.

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