HOA retallation and harassment

[ramses]

What is the name of your state? california

live in Camarillo and my son lives in the Mission Verde townhomes in Camarillo, which I co-own with him. During the last few months, the president and vice president of the association have been targeting him using the association rules in a harassing way. On Feb. 4th, they had his vehicle towed from the guest parking after being parked their for 6 hours while he took his bike out of the garage and went on a bike ride. Upon return at 5pm, it was towed. The rules say that residents cannot park there and guests only 48 hours, however my son says residents and guests do it all the time. I didn't believe him, so I collected some data. I went every morning since the 7th (and still do) between 6:30am and 7am and took pictures of every vehicle in the guest parking and put a spreadsheet together with all the vehicles and sure enough, he was right. There are vehicles that have been parked in the guest parking continuously day after day. They have ignored all the violators and instead targeted my son because of their personal agenda ( he cursed them out at a board meeting a year ago). They are continuing these tactics (although he doesn't park in guest parking) but when he has guests come over, they target their vehicles and impose fines on him, instead of towing the guests' vehicle, to force him to pay rather than the guest. I have an appt to attend their Board meeting on the 13th, which I will present this data to them and illustrate that the evidence clearly points to harassment and discrimination of my son, while ignoring the rest of the violators. I suspect they feel immune because they have liability insurance feel they cannot be touched and it doesn't impact them financially. What are my options in this situation? The pix clearly subtantiate my case. thanks

 

[Litigation!]

What is the name of your state? california

live in Camarillo and my son lives in the Mission Verde townhomes in Camarillo, which I co-own with him. During the last few months, the president and vice president of the association have been targeting him using the association rules in a harassing way. On Feb. 4th, they had his vehicle towed from the guest parking after being parked their for 6 hours while he took his bike out of the garage and went on a bike ride. Upon return at 5pm, it was towed. The rules say that residents cannot park there and guests only 48 hours, however my son says residents and guests do it all the time. I didn't believe him, so I collected some data. I went every morning since the 7th (and still do) between 6:30am and 7am and took pictures of every vehicle in the guest parking and put a spreadsheet together with all the vehicles and sure enough, he was right. There are vehicles that have been parked in the guest parking continuously day after day. They have ignored all the violators and instead targeted my son because of their personal agenda ( he cursed them out at a board meeting a year ago). They are continuing these tactics (although he doesn't park in guest parking) but when he has guests come over, they target their vehicles and impose fines on him, instead of towing the guests' vehicle, to force him to pay rather than the guest. I have an appt to attend their Board meeting on the 13th, which I will present this data to them and illustrate that the evidence clearly points to harassment and discrimination of my son, while ignoring the rest of the violators. I suspect they feel immune because they have liability insurance feel they cannot be touched and it doesn't impact them financially. What are my options in this situation? The pix clearly subtantiate my case. thanks

My response:

Did you have a question about LAW?

Or, did you want to write out the Condo Rules for us so that we could answer your question, "What are my options in this situation?"


IAAL

 

[JETX]

On Feb. 4th, they had his vehicle towed from the guest parking after being parked their for 6 hours while he took his bike out of the garage and went on a bike ride. The rules say that residents cannot park there and guests only 48 hours, however my son says residents and guests do it all the time.

So, they were right in towing is unauthorized vehicles!

They are continuing these tactics (although he doesn't park in guest parking) but when he has guests come over, they target their vehicles and impose fines on him, instead of towing the guests' vehicle, to force him to pay rather than the guest.

And exactly what 'tactics' is that??
Are they 'targeting' his guests vehicles when they have NOT been parked there for 48 hours?? If so, then he has a problem.
If the vehicles are there for MORE than the allowed 48 hours, they have the right to take appropriate action.

I have an appt to attend their Board meeting on the 13th, which I will present this data to them and illustrate that the evidence clearly points to harassment and discrimination of my son, while ignoring the rest of the violators. I suspect they feel immune because they have liability insurance feel they cannot be touched and it doesn't impact them financially. What are my options in this situation?

Hmmmm, start by having your son learn to follow the rules.

 

[ramses]

My point is that they are NOT enforcing it on all the residents, only selectively. The rules of the Association specifically state " the rules may not discriminate among the owners". That was the reason I took pix to show people are doing it everyday and in fact we have a statement from one resident that he does it all the time, sometimes 4 days in row. Yes, he was aware that residents may not park in the guest area, but that applies to all residents.
By tactics I meant focusing attention on his residence and ignoring violations of others. Yes, his guests were there less than 48 hours, but they come over so often, they decided to identify them residents and apply the rule " residents may not park in the guest spots".

If I can show they are ignoring other violators, what are my options?
The rules are fine, not trying to change that, but how they are enforced. If I take the president to small claims court, can I recover the towing cost or the parking fine on the guest? thanks

 

[Litigation!]

My point is that they are NOT enforcing it on all the residents, only selectively. The rules of the Association specifically state " the rules may not discriminate among the owners". That was the reason I took pix to show people are doing it everyday and in fact we have a statement from one resident that he does it all the time, sometimes 4 days in row. Yes, he was aware that residents may not park in the guest area, but that applies to all residents.
By tactics I meant focusing attention on his residence and ignoring violations of others. Yes, his guests were there less than 48 hours, but they come over so often, they decided to identify them residents and apply the rule " residents may not park in the guest spots".

If I can show they are ignoring other violators, what are my options?
The rules are fine, not trying to change that, but how they are enforced. If I take the president to small claims court, can I recover the towing cost or the parking fine on the guest? thanks

My response:

That's NOT the definition of "discrimination." There's nothing in the rules, as I gather from you, that "selectivity" is against the rules.

Familiarize yourself with the definition of "discrimination."

IAAL

 

[JETX]

My point is that they are NOT enforcing it on all the residents, only selectively.

See, and that is your problem. 'Selective enforcement' of HOA rules may not be fair.... but it is NOT illegal.

If I can show they are ignoring other violators, what are my options?

Hmmmm, you can:
1) Hold your breath until they agree to 'play fair', or
2) You can go out ans spend about $10k or so, trying to get a court to order them to 'play fair', or
3) You can decide to abide by the rules... even if they don't 'play fair'.

If I take the president to small claims court, can I recover the towing cost or the parking fine on the guest?

ROTFLMAO!!!! No.
But what the heck, I have seen small claims court judges who don't know the law or its application, so go ahead... sue the *******.

 

[ramses]

thanks for your prompt reply. I am sure you know what you are talking about.

I looked up the definition of discrimination: "to make a distinction as in favor of or against a person or thing." Isn't that what they are doing, making a distinction against him and in favor of all the other residents? What am I not understanding? Please give me an example of how they could discriminate to illustrate this better for me.

Don't judges rule on what is fair and just?

thanks

 

[JETX]

I looked up the definition of discrimination

You need to look up the LEGAL definition....

discrimination
n. unequal treatment of persons, for a reason which has nothing to do with legal rights or ability. Federal and state laws prohibit discrimination in employment, availability of housing, rates of pay, right to promotion, educational opportunity, civil rights, and use of facilities based on race, nationality, creed, color, age, sex or sexual orientation. The rights to protest discrimination or enforce one's rights to equal treatment are provided in various federal and state laws, which allow for private lawsuits with the right to damages. There are also federal and state commissions to investigate and enforce equal rights.

The problem here is... your claim does not meet the PROTECTION of discrimination.

Please give me an example of how they could discriminate to illustrate this better for me.

Now, if all the other violators that were permitted to park there were black... and your son was the only white person who was being 'selectively discriminated against'... that COULD be a violation of discrimination laws.

Don't judges rule on what is fair and just?

As applied by the law.

 

[ramses]

Is there any way harassment could be argued?

Association rules state "harassment of residents who complain of disturbances will not be tolerated".

What I gather from all this they can apply the rules how they want, to whomever they want, whenever they feel like it and they can even fabricate stuff.
If I take the drivers license (of the guest) to the small claims court judge to show the guest lives someplace else and is not a resident, will that fly in recouping my fine against the guest, (who they claimed was a resident).

I was reading about civil code 1365.7 (Board member liability) on www.community associations.net and they state the requirements for Board member liability protection: Their actions must :

(1) be performed within scope of associations duties
(2) Be performed in good faith
(3) must not be wanton, willful or grossly negligent

Seems like (2) and (3) could be argued in my case. What is your opinion? thanks

 

[HomeGuru]

Is there any way harassment could be argued?

Association rules state "harassment of residents who complain of disturbances will not be tolerated".

**A: Please post the exact clause from your CC&R's.

 

[ramses]

That is the exact clause.