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Can board members talk trash and retaliate against you on personal subjects?

Westminster, CA |

I am being requested to remove my small home gym from my own garage. I do not believe that I have to comply with the request. The request is retaliation because I requested that my next door neighbor attach his annoying chime when it's windy. The neighbor in question is a board member. After a quick chat with my other next door neighbor, I was told that that neighbor (board member) and the president went around over the weekend talking trash about us to other neighbors. Do I have any recourse to fight this retaliation and defamation done by both a board member and the board's president against me?

Attorney Answers 2

Posted

Sounds as if you have an HOA. If that is the case what u can and can not due us based upon the CCandR''s. An attorney should be able to help you for a small fee.

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Posted

HOA disputes can often be very petty, from someone complaining about a wind chime to someone else complaining about a home gym. The HOA rules, regulations, bylaws, cc&rs, etc. will determine what process needs to be followed. People can generally say whatever they want about you. Whether that will support a lawsuit depends on what is being said and whether you suffered any injury from it. Petty HOA disputes often do not support defamation claims.
Consult a lawyer in person to see if your situation might.

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Asker

Posted

The thing about what you have just said is that the bylaws about the chimes are very clear but since the person is a board member, they (the board) have changed the law for him to keep it. The CC&R still says that any bell, whistle or sound devices are not permitted. As far a the gym, the Rules and Regulations state that the garage cannot be used for recreational use. But, we do not use it for recreational use, we are storing our gym equipment. On top of that, the president and that board member went to my neighbors saying that he would make me "pay" for annoying them about the chime and also that I hate them (my neighbors). How can I protect myself from this kind of bulling?

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