rights as a homeowner?

[imdawoman]

What is the name of your state (only U.S. law)? Ca

If an HOA isn't clear about how they handle complaints (i.e. when they receive a complaint, do they have to investigate before they do an assessment, etc.) in the CC&R's, what recourse do we have if they are imposing fines for violations that are false? Can they just impose them indiscriminately?

 

[tranquility]

Keep all your questions in the same thread.

 

[imdawoman]

No****************************...

 

[tranquility]

Fair enough.

Let me get some popcorn. This might get good.

 

[imdawoman]

Sorry- the last person who replied to me was mean......

 

[Zigner]

Sorry- the last person who replied to me was mean......

You mean the one who pointed out that you were necrojacking?

 

[imdawoman]

You mean the one who pointed out that you were necrojacking?

I am assuming necrojacking is a bad thing. But, I don't have time to figure that out. Does anyone on these threads know the law in ca. regarding these matters?

 

[Zigner]

I am assuming necrojacking is a bad thing. But, I don't have time to figure that out. Does anyone on these threads know the law in ca. regarding these matters?

It means that you necroposted AND hijacked somebody else's thread...

 

[tranquility]

Well, then, *I'm* the one in the wrong. Sorry imdawoman, my mistake.

As to your question, it is too vague. But, yes, they can do it. They have the power and the only way to stop them, realistically, is to win elections. You might be able to sue in some instances, but they will be using HOA money and you will be using your own. If you win, you don't have to pay the fine and if you lose you have to pay your attorney, maybe theirs and the fine and/or lien.

 

[imdawoman]

I can tell you that I will never win an election in my HOA. The current president hates everyone and pretty much everyone hates him. Whenever there is an election, he counts the votes and won't let anyone else be there. He always wins ironically enough (subtle sarcasm). I stated that I would like to come to the next meeting and be there to count votes. Lo and behold, when the next meeting came along, there had been an asessment just the day before and I was now "not in good standing" and could not attend. I mailed them proof that the complaint they were assessing me for could not even be physically possible because of the laws of physics (I'll explain that one later). I was told that they would not remove it from my file because every complaint is taken as true and assessed. Doesn't this mean that they can assess for anything at anytime and make hell of a lot money with out having to prove anything?

 

[tranquility]

You continue to state things in a conclusiory fashion.

It's like asking a question, "He's clearly ugly, how can she find him attractive?"

They do have proof. Someone made a claim. What are you going to do? Say, "No, I didn't do it?" Where does that leave them?

Pay.

The.

Fine.

You will not win the argument here. HOA's have incredible power. If the board is not accountable to the residents, it is always cheaper to win elections than to litigate.

If you still want to litigate, hire an attorney. It will cost you more than the fine.

Info edit:
Google:

HOA abuse

to find about 8.7 million others who are upset with the power of HOAs.

 

[imdawoman]

I asked them to provide proof. I was told that it is confidential so I sent them proof that what they assessed me for I couldn't possibly have done. They responded by telling me that complaints don't have to be true, they just have to be MADE to be valid. I am asking if this is legal.

 

[tranquility]

It depends on what your HOA documents say.

(Oh, if it is not clear what they say, refer to my previous post.)

 

[festival]

California has laws that regulate both condo elections and condo hearings for fines. I'm not a lawyer or from California, but you can google it or get a lawyer. There is a provision in the law for independent monitors of board elections. The board must also follow civil procedure for hearings.

tranquility is right that it will cost more to fight it than the fine. On the other hand, it would not hurt to educate yourself. The law appears a bit complicated, but it seems to exactly address your issues.