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Subject: violations and fines
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LauraH11
(California)

Posts:3


03/22/2020 6:44 AM  
Ca condo Hoa is completely out of control with fines. I have researched and read by laws cc& rs ive done it all.. A little over year ago HOa fired security that was used by many Hoa in area and decided to hire their own. I was unaware of that until much later into my research. My father in law owns the condo hgive is almost 90 my husband and I live with him and and mother in law same age to take care of them. I was unaware of these fines until father in law started going out of his mind accusing everyone of these violations. I started to notice that they were nothing but lies all of them. Jerry my father in law is very bad with paper management and documentation. Long story short he handed me this mess my journey began.He doesnt know his rights so i researched everything and tried to see what he had done. bottom line out of his mouth you cant fight these fines Hoa is above god the arguments with him i gave up. I asked him when he went to hearing did they show any proof of anything he goes they said they dont have to to security doesnt lie. All of these violations are to do with parking and accusation of security hearling yelling screaming. I have finally gotten him to agree to see a lawyer but i have a couple of questions before i do. In the last year all the violation are parking or noxious nusance ones. Im not joking when I say this we were getting them everyday and everyone starts with Cobalt security sais xyz. We have had around 50 of them totalling over 27 thousand dollars. Jerry would get violation in mail sometimes a warning immediatly followed by fines. sometimes in mail at same time. He would be told to shut up and sit down at hearings. He would question the validity and hoa would say nothing followed by a letter saying violation was valid. His rights have been none. they just send these letters to skid by sterling laws lately they dont even put date of hearing on the letter. another violation. According to hoa security doesnt lie they do nothing but lie. they even lied and falsified police report i called simi valley police about it. First of all security drives around how come they manage to be infront of our house just at time they hear yelling and screaming loud voices which is a bunch of bs. they are vague they say around such and such time secruity heard loud noise and yelling no texcuime frame no duration boom 500 dollar fine each time. As far as parking violation they cant follow their own rules they would fine us 6 times for same car parked here there over there They would fine us for vistitor parking in visior parking then fine again because of a dent in the car list is endless. How is owner to know every car that comes through soon as it was brought to h to his attention he told them couldnt park here right away boom 500 dollar fine even after it was taken care of. they decide after years to tighten up parking laws with no warning and didnt do it right passes that were promised 25 years ago still waiting Hoa violation there own rules. Went back to rules 30 years ago and just last month they hired hoa layer to straighten it out i got that letter under lock and key. They admitted the rules were hard to understand boom everyone needs to be thrown out. Last week 500 dollar fine cobalt security saw you lighting firworks in your backyard. proof none boom 500 dollard fine. These violation letters contradict each other. 1500 fine letters same date same time. Accused security saw owner and guests in pool without owner. Next leter same date same time saw owner and guests in spa. if its same date same time how in one letter owner was there and the next not there. Then it was they were in spa in street clothes and had alcohol all false. 1500 dollars. Then another 500 fine security saw son and another person go into bathroom together with items of clothing. 500.00 fine no noxious behaviour. exuse me those bathrooms are large they are changing rooms. Yes they entered bathroom togiether to get out of their wet clothes and change into sweatpants to walk back to condo it was cold. They accused me of sendind harrasing emails to security 500 dollar fine. I sent a very nice email 1 only discussing the issue i welcomed security to the gate community and wanted to discuss this issue without getting hoa involved and to resolve it 500.00 fine accussed of harrasment its endless. All of these are bs and hoa does nothing no proof security word is all we need. Bs security is vendor not employee only employees word is good not securties.Any jerry my father in law basically gave up no matter what he wrote hoa didt care again fining with no proof no warning letters per se just to save face like said warning letter and fines come in mail same time. So my questions to anyone who may know. Its senseless to even try other avenues with Hoa so i want to hire a lawyer to write a letter deseace and dessist harrasment etc then go from there on lawyers recommendation. I also though perhaps i tell propterty management company i was going to do this to see if they would say okay we come to agreement. I need to get all the fines etc from them from day 1 so lawyer can see them i have bits and pieces again jerry very bad with that. ive spent over 100 hours going over everything with a fine tooth comb. hoa has violatied their own cc and R violated Jerry judiciary rights etc. My question are this do they need proof of these violations and am i going about this the correct way. Again some of these fines go a year back to present day.5000 dollars of fines assesed 3 days ago.. And i might add no complaints about noise from neibors never have its all security sais this or that.i could go on forever but you get the picture.The most recent fireworks one was just insane no proof just cause security said so. The one with simi valley police i had called on i asked you never came o our house. The police said no they called suspicoius activiy. Come to find out Jerry was sitting in his car for for a few minutes doing something according to security noxious suspicous behaviour and loud noise. again no noise was on that report that there flat out shows you they are liars. Oh and one more thing we are getting fines for neighbors cars its out of control. hoa doest care so this is why i need a lawyer to right a really nasty letter saying back of buckos and stop harrasing and extorting money out of 90 year old man. I finally got his go ahead to do this thats why some of fines are almost a year old hoa has literely scared the crap out of this old man. Its elderly abuse. Omg the fighs ive had with him trying to explain his rights he gave up and said do what you need to do. so those are my 2 main questions before moving ahead do they need proof of these alleged violations and not because security sais so. should i give heads up to property mngt company hoping they come to their senses knowing i know what im talking about which i do. any help in this matter would be appreciated
JohnT38
(South Carolina)

Posts:233


03/22/2020 6:53 AM  
Paragraphs and periods are your friend. I gave up.
GeorgeS21
(Florida)

Posts:2299


03/22/2020 7:30 AM  
Waaaay too hard to read.
AugustinD


Posts:2906


03/22/2020 8:01 AM  
Posted By LauraH11 on 03/22/2020 6:44 AM
I have finally gotten him to agree to see a lawyer but i have a couple of questions before i do.
Perfect. I think this forum can help you and your father-in-law (FIL) prepare for this meeting.
Posted By LauraH11 on 03/22/2020 6:44 AM
In the last year all the violation are parking or noxious nusance ones.
...
They hired hoa layer to straighten it out i got that letter under lock and key. They admitted the rules were hard to understand boom everyone needs to be thrown out.
I understand there have been a few hearings. California statutes require HOAs to offer Internal Dispute Resolution (IDR). Does your HOA have a procedure for requesting this? I suggest that your FIL write your HOA board a letter like the following, asking for IDR:

----------------
Dear Board of Directors,

Pursuant to California Civil Code sections 5910 and 5915, I request Internal Dispute Resolution (IDR). The subject of this IDR is the fines imposed for the following:

[List all fines and alleged violations of the rules]

I believe all these fines are unlawful. In some or all of these instances, the HOA lacks anything more than a statement from a security guard. It seems to me that the HOA's reliance on evidence of a "he said, she said" type violates my rights to due process. Furthermore I understand the HOA attorney said these rules need to be thrown out. Lastly, I understand California case law requires rules and fines, and their enforcement, to be reasonable and fair. Many, or all, of these rules and fines do not appear to be reasonable and fair. The way they are enforced does not seem to me to be reasonable and fair.

Civil Code section 5910 allows me to bring either an attorney or someone else to assist me at the IDR. Either my attorney, my daughter-in-law or both will do so.

Please send three dates and times when I can meet with the Board for IDR.

Thank you,

[name of owner]
[address]
[phone number]
[email address]
-------------------
Send the above letter certified mail, return receipt requested. Or use this as a starting point for your conversation with your FIL's attorney.

In preparation for your meeting with the attorney, start reading https://www.davis-stirling.com/HOME/Internal-Dispute-Resolution . Read all the sub-sites that the latter links.

I think communicating effectively is going to be key to your fighting this battle. As JohnT38 and GeorgeS21 posted, please try to write using short sentences and paragraphs.
LauraH11
(California)

Posts:3


03/22/2020 11:19 AM  
Thank you so much for your help i will draft the letter consult with the lawyer and go from there. You have been so helpful. I wanted a good starting point and wasnt sure the best way to go sounds perfect. Next time i will use punctuation and paragraphs. I am sorry about that its been such a battle with my father in law fighting trying to help him. He hands me all this and then argues with me. Being 86 is no excuse for being ignorant. Thank you again so much
LauraH11
(California)

Posts:3


03/22/2020 11:24 AM  
Yes the Hoa does have procedures for Idr. But as i said th first hearing failed taking away his judicial rights i thought to myself am i wasting time trying to do that. They are just out of control. THey think they can bully and 86 year old man and they succeeded for over 30 thousand dollars. Its dispiclple. If i was the homeowner i would of stopped them dead in their tracks.Now i have to go ahead finally from my father in lawy i want this done.I know more about Davis Sterling act than i ever want to know. One thing i do know no way would i ever buy a home with an Hoa. I think i know every civil code and have CC and r memorized. I just wanted a little clarification about these fines and you do that for me thats what i thought thank you again so much
GenoS
(Florida)

Posts:3664


03/22/2020 11:40 AM  
Posted By LauraH11 on 03/22/2020 6:44 AM
Ca condo Hoa is completely out of control with fines. I have researched ...

No. Not reading that. Too many other things to do this week.
JohnC46
(South Carolina)

Posts:9299


03/22/2020 1:38 PM  
I think we have a failure to communicate here.
GeorgeS21
(Florida)

Posts:2299


03/22/2020 4:25 PM  
Yep ... the list of odd posts is growing.
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