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Legal recourse against association/Prop Mgr?

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anandagirl

Junior Member
What is the name of your state?California

I have been having the worst time with my Association and Property Management Company (for the complex, not my own) since July. Some of the more serious issues:

Our building fire alarm that is attatched to 6 units wasn't working properly for two months - when it was plugged in, it would go off regularly, and the rest of the time it was left unplugged, which meant we had no fire protection. There was no alarm connection to the local fire department, and they themselves had no override code. My neighbors and I were woken up several times in the middle of the night to ear piercing noise and the only way to get it to stop was to unplug the unit. The Property Manager called the alarm company a couple of times, but after the first couple of days, refused to do anything.

They enforce rules unevenly - I have recieved letters about my dog wandering the grounds (different dog, same color), however, they refuse to do anything about another dog that has attacked my 5 month old puppy because they don't know where it lives, and I am legally not allowed to try and follow the dog's owner home. The CC&R's even state that all dogs must be registered with the association, but now claim that enforcing that would be "too invasive." They also do nothing about unsupervised children, dogs or glass containers in the pool area, when those are clearly prohibited in the CC&R's.

There are other issues as well, but these are the two that really bother me. The first because I missed a lot of sleep because of a problem that could have easily been remedied, and the second because my poor little puppy is now terrified of people and other animals.

During the time of the Fire Alarm issue, I stopped paying my association dues as what I percieved to be the only recourse I had, since going to the BOD meetings, emails, and phone calls didn't seem to do anything. I paid the total due once the fire alarm was finally fixed, two months later. However, now they have added a delinquent fee to my account and they refuse to remove it even though they were negligent and unresponsive during this time period. Apparently, I am not allowed to withhold payment.

Here is my question: What kind of legal recourse do I have? I often don't feel 100% safe, and I suspect the Association and property manger are being vindictive because I refuse to let them walk all over me. I have considered moving, but the sheer hassle and expense keeps me from making that move quite yet. I feel like I have absolutely no rights or recourse!! Help!
 


HomeGuru

Senior Member
anandagirl said:
What is the name of your state?California

I have been having the worst time with my Association and Property Management Company (for the complex, not my own) since July. Some of the more serious issues:

Our building fire alarm that is attatched to 6 units wasn't working properly for two months - when it was plugged in, it would go off regularly, and the rest of the time it was left unplugged, which meant we had no fire protection. There was no alarm connection to the local fire department, and they themselves had no override code. My neighbors and I were woken up several times in the middle of the night to ear piercing noise and the only way to get it to stop was to unplug the unit. The Property Manager called the alarm company a couple of times, but after the first couple of days, refused to do anything.

They enforce rules unevenly - I have recieved letters about my dog wandering the grounds (different dog, same color), however, they refuse to do anything about another dog that has attacked my 5 month old puppy because they don't know where it lives, and I am legally not allowed to try and follow the dog's owner home. The CC&R's even state that all dogs must be registered with the association, but now claim that enforcing that would be "too invasive." They also do nothing about unsupervised children, dogs or glass containers in the pool area, when those are clearly prohibited in the CC&R's.

There are other issues as well, but these are the two that really bother me. The first because I missed a lot of sleep because of a problem that could have easily been remedied, and the second because my poor little puppy is now terrified of people and other animals.

During the time of the Fire Alarm issue, I stopped paying my association dues as what I percieved to be the only recourse I had, since going to the BOD meetings, emails, and phone calls didn't seem to do anything. I paid the total due once the fire alarm was finally fixed, two months later. However, now they have added a delinquent fee to my account and they refuse to remove it even though they were negligent and unresponsive during this time period. Apparently, I am not allowed to withhold payment.

Here is my question: What kind of legal recourse do I have? I often don't feel 100% safe, and I suspect the Association and property manger are being vindictive because I refuse to let them walk all over me. I have considered moving, but the sheer hassle and expense keeps me from making that move quite yet. I feel like I have absolutely no rights or recourse!! Help!
**A: hire an attorney.
 

seniorjudge

Senior Member
They also do nothing about unsupervised children, dogs or glass containers in the pool area, when those are clearly prohibited by CCR.


What does Creedence Clearwater Revival have to do with all this?
 

HomeGuru

Senior Member
seniorjudge said:
They also do nothing about unsupervised children, dogs or glass containers in the pool area, when those are clearly prohibited by CCR.


What does Creedence Clearwater Revival have to do with all this?
**A: if you keep up with the music scene you would know that John Fogerty is back with Fantasy Records and can now perform his hit songs of the past.
 

seniorjudge

Senior Member
HomeGuru said:
**A: if you keep up with the music scene you would know that John Fogerty is back with Fantasy Records and can now perform his hit songs of the past.
Thank you for clearing that up.

I will see you early in the evenin’ just about supper time, over by the courthouse.
 

HomeGuru

Senior Member
yes, down on the corner out in the street, Willy and the Poorboys will be playing give a nickel tap your feet.
 

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