HOA Tenant Violations of city and HOA rules and regulations
San Francisco, CA
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Posted 12 months ago in Residential
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San Francisco - For almost a year I believe the HOA nightclub tenant has been in violation of SF Planning Commission 1992 Conditional Use Permit (increase in previous restaurant tenant space), SF Fire Code (maximum capacity of 49), SF Police (noise), ABC (serving liquor after 2:00 am), lease (not a bonded valet service company), HOA House Rules (noise), and HOA Architectural Guidelines (ceiling speakers). The HOA Board won't do anything about enforcing nightclub compliance with city codes or HOA rules and regulations. The nightclub was misrepresented to homeowners by Citiscape Property Manager as "one-of-a-kind exclusive members-only restaurant" in the Summer 2007 Newsletter (only documentation homeowners received). Comments on Yelp.com for Le Club indicate prostitution, drugs, and gambling. When homeowners send e-mails to the HOA Board President, we are told our questions have been referred to the HOA attorney (the personal attorney for a former HOA Board member who found the nightclub tenant, who also owns the Bambuddha Lounge in SF) not Branden Bickel, former (?) HOA attorney. No response to our e-mails from Attorney Kent Mitchell, HOA Board President or Citiscape Property Management. The HOA Board and the Property Manager continue to refer to the HOA tenant as a restaurant, not a nightclub. It's my understanding that the food is frozen. For two months homeowners have been asking for a video camera to be installed on the sidewalk to no avail.
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Answers (1)Michael Robert Bracamontes
This attorney is licensed in California.
Posted 12 months ago.
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More likely than not, there are a set of written conditions, covenants & restrictions (CC&R'S) that define the HOA's duties to the association members. If the HOA is breaching the agreement, you could file a lawsuit for monetary damages and/or enforcement of the agreement. It would be necessary to review the relevant documents before forming a more specific recommendation.
Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship. |