I have lived in my home for 15 years, and for more than half of that time I served on our board. I did this gladly - we were a board of three and were all friends. A few years ago, things soured when the other two board members fired our property manager without consulting me. I left the board at that time. Unfortunately, I live next door to one of the board members.
Ever since I left the board, I have received violation letter after violation letter from the new management company. Month after month, sometimes week after week, sometimes two and three violations in one envelope. The violations run the gamut - weeds, pressure cleaning, etc. - normal issues that everyone has to address. Some of them are legit, some aren't. I cringe when I go to the mailbox.
Can I do anything?
Residential Real Estate Lawyer
If these violations do not exist or they are only violating you and ignoring others with the same violations, there are a few things you can do.
If the association is using the property manager to harass you, you could file a complaint against the manager's license with the Dept. of Business & Professional Regulation. You can also send the HOA a cease and desist notice or an offer of pre-suit mediation and let them. Know you intend to sue for an injunction and/or sue them personally for breach of fiduciary duty. You must be prepared to litigate though an not just make threats. The litigation is expensive and there are procedures that must be followed, so you will need to consult with a HOA attorney.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
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