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Dealing w/ HOA

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M

Mhami

Guest
Problem:

I have a condominium in CA that I own. My unit is a ground floor unit and there is a unit above mine. The owner above mine has installed several bird feeders that hang above her balcony and in the common area trees that are near her balcony. Due to these bird feeders, I now have a huge mess of birdseed and bird droppings in my patio and in front of my bedroom window. Pictures can be seen at http://photos.yahoo.com/mhami In my opinion, the mess has become unbearable. In addition, she has a birdbath that she drains daily and refills with fresh water. When she drains the bath, she throws the water over her balcony onto my fence. I now have algae growing on top of the fence surrounding my patio because of this.

Solution:

The Rules & Regulations specifically state that no articles shall be hung in the patios and that decorative items may be allowed with prior approval of management. As such, I wrote a letter to the HOA requesting that they have her remove those feeders. I also attended the meeting. Their solution is that they will write the Home Owner a letter and advise her that the bird feeders have become a problem. They are giving her the opportunity to come up with a solution to solve the problem of the mess. In the interim, she is to remove the feeders until the board members review the Home Owner's proposal for keeping the area clean.

My questions for you:

I am not exactly happy with this solution. I want the feeders completely removed. I feel I have this right since she is in violation of the rules.

1) Am I correct in thinking that I have this right?

2) Do you feel their solution is acceptable? Your opinion means a lot to me!

3) Should I threaten them with legal actions if they do not have the feeders removed within a certain time limit (such as 45 day)?

4) This is not in regards to the bird feeders but to other work that was done to the outer walls of my unit. I had problem with the wall leaking which caused damage to my carpet. The Property Manager told me that he would have the outer wall sealed. I asked to see a copy of the Contractor's invoice. They said they could provide me with that, but wanted to know why I needed to see it. When I explained that it was to verify that they performed the work, the Property Manager wanted instead to send me a letter informing me that the work was done. Shouldn't I be entitled to see the Contractor's invoice? Are they trying to hide something?

I am quite upset right now and feel that I am not being given equal treatment as the owners who actually live in their units. Mine is a rental and I am not living on the premises, but still feel the items I am complaining about affect the value of my property.

Thank you in advance. I love this website and the attorneys who spend endless hours offering their input.

Marianne


[This message has been edited by Mhami (edited October 16, 2000).]
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Mhami:
Problem:

I have a condominium in CA that I own. My unit is a ground floor unit and there is a unit above mine. The owner above mine has installed several bird feeders that hang above her balcony and in the common area trees that are near her balcony. Due to these bird feeders, I now have a huge mess of birdseed and bird droppings in my patio and in front of my bedroom window. Pictures can be seen at http://photos.yahoo.com/mhami In my opinion, the mess has become unbearable. In addition, she has a birdbath that she drains daily and refills with fresh water. When she drains the bath, she throws the water over her balcony onto my fence. I now have algae growing on top of the fence surrounding my patio because of this.

Solution:

The Rules & Regulations specifically state that no articles shall be hung in the patios and that decorative items may be allowed with prior approval of management. As such, I wrote a letter to the HOA requesting that they have her remove those feeders. I also attended the meeting. Their solution is that they will write the Home Owner a letter and advise her that the bird feeders have become a problem. They are giving her the opportunity to come up with a solution to solve the problem of the mess. In the interim, she is to remove the feeders until the board members review the Home Owner's proposal for keeping the area clean.

My questions for you:

I am not exactly happy with this solution. I want the feeders completely removed. I feel I have this right since she is in violation of the rules.

1) Am I correct in thinking that I have this right?

2) Do you feel their solution is acceptable? Your opinion means a lot to me!

3) Should I threaten them with legal actions if they do not have the feeders removed within a certain time limit (such as 45 day)?

4) This is not in regards to the bird feeders but to other work that was done to the outer walls of my unit. I had problem with the wall leaking which caused damage to my carpet. The Property Manager told me that he would have the outer wall sealed. I asked to see a copy of the Contractor's invoice. They said they could provide me with that, but wanted to know why I needed to see it. When I explained that it was to verify that they performed the work, the Property Manager wanted instead to send me a letter informing me that the work was done. Shouldn't I be entitled to see the Contractor's invoice? Are they trying to hide something?

I am quite upset right now and feel that I am not being given equal treatment as the owners who actually live in their units. Mine is a rental and I am not living on the premises, but still feel the items I am complaining about affect the value of my property.

Thank you in advance. I love this website and the attorneys who spend endless hours offering their input.

Marianne


[This message has been edited by Mhami (edited October 16, 2000).]
<HR></BLOCKQUOTE>

Marianne, first dogs then birds. What next? Thanks for the cool photos. That was a great idea.

1) You do have the right that you feel you have.

2) The HOA solution is reasonable for the time being although not following the letter of the law. If their solution does not resolve the problems in the future then you have the right to complain again.

3) Do not threaten anybody just yet. Relax, take a deep breath and calm down.

4) You have the right as an owner to see copies of the invoice.

You may have something in that there may in fact be prejudice among absentee owners as opposed to owner occupants. There has been a historic dislike among owner occupant condo owners because they have to deal with the absentee owners tenants.


 

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