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This is HARASSMENT by HOA BOARD MEMBER-need advice - Landlord Forum thread 151243

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This is HARASSMENT by HOA BOARD MEMBER-need advice by Caligirl-n-ATL on February 13, 2008 @05:22

My new tenants moved into my rental not even two weeks ago and the next door neighbor has harassed, badgered and basically intimidated this nice family into wanting to move right back out. From the moment they moved in, this possibly uninformed has thrown his weight around using his "board position with the HOA" in their face citing "complaints" about their dog which he fabricates (he has two dogs of his own that he violates the "HOA" rules daily, no leash, leaves outside, doesn't pick up after, etc, etc, but no one cares to report cause they have a life you get the drift) he has "tagged teamed" with another neighbor to get a vote on the HOA board to get enough complaints about the tenants to try to get the HOA to make me have to evict them? I've never heard of this so I need to find out what my recourse is here.
What I know is, he has harassed these poor folks from the time they stepped foot in that house. He jumped over their patio, taunted their dog, kicked their dog, they had to call the cops, it's been a mess! and that was the second day they moved in!
My dealings with him: He has never, and I mean never so much as said peep to me-except when I placed an ad to rent the place- oh he searched over 2000 online ads, found MY ad and emailed me a nasty email in capital letters by the way highlighting that he was an "HOA BOARD MEMBER AND THAT HE KNEW I WAS TRYING TO RENT OUT MY PLACE AND TO BE SURE I DID MY BACKGROUND CHECKS AND TO GET A GOOD TENANT IN THERE BECAUSE THIS WAS A FAMILY COMMUNITY." Blah Blah Blah ok that wasn't creepy??!!! I was in shock that this creep who saw me in person took the time to find my ad amongst thousands to say this to me which he had ABSOLUTELY NO RIGHT TO say since he didn't own my unit, but he never managed to say anything to me in person not even hello!
Then he starts in with the immediate and constant harrassment of my tenants? He tells my tenants to tell me things like "the owner will have to abide by the HOA rules, I'm on the HOA board and I can make her make you get rid of the dog if I want", just to get the tenant upset, etc and it has worked because now they want to move. The funny thing is, that he never goes through the proper channel of the HOA procedures of written complaints-that is because he knows their is no valid complaint, he knows what he is trying to do and that is to run those poor tenants out of that house.
I beleive he is racist toward Hispanics, he was just fine with the other tenants who were American. The tenants suspect this as well. From the minute they moved in, he has been a nuisance to them and they are not the assertive type, he really needs a get in your face and give you a taste of your own medicine type of person to put him in his place.
My question is this: These tenants were not only in a year lease, but were in a lease option to buy, since he is a HOA board member, I feel the HOA is liable here, if these tenants are moving out, I'm losing a years' rent, and the sale of my home. Under these circumstances, I feel he and the HOA owe me that money. Had he not went crazy and decide to harass my tenants they would not be leaving. Can I sue him and the HOA? What type of attorney should I look for? Landlord/Tenant? or is there attorneys who specialize in HOA issues? I'm in the San Diego area if anyone knows any to refer please do/,
I want to know if anyone here has any experience or knowledge about this sort of thing. When I called the HOA, they said I had to put it in writing, my concern is since he is on the board that unless I get an attorney they will not take me seriously, I have not always had the best experience with HOAs, I feel they take your money and offer not a whole lot in return but a bunch of rules and regulations. On the other hand, as crazy and irrational as this man has been acting, especially with the stalker type behavior with the email, the cops having to come out, all the other harassment has been documented and I do have witnesses, I do believe that once I approach the HOA and let them know I'm serious and I do hold them liable since every other word out of this man's mouth is that he is on the HOA, so the HOA is involved whether they want to be or not, I think they will see it as a liability issue and they will either drop him as a board member or do what they have to do to see that he stops acting like he is currently and the harrassment stops. I think they will distance themselves from this sorry excuse for a board member, geez, I think he is the only who does care that he's on the HOA board, even the cops told him that it didn't matter if he was on the board. People like that who intentionally cause harm and are mean to good people like this family suck. What do I do about my tenants and the lease and security deposit?
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Re: This is HARASSMENT by HOA BOARD MEMBER-need ad by NY LL on February 13, 2008 @06:30 [ Reply ]
The tenants are responsible for the annual lease agreement regardless of the actions of the other homeowners. A landlord is not responsible for the actions of tenants or homeowners towards other tenants. The LL only has the responsibility to enforce the rules and regulations of the community. In this case, you are not the LL for the community, just the homeowner within the community.
Nevertheless, to address the issues… Enforce all of your contracted rights to rent and/or sell the property. The family of renters, understandably, would rather move than deal with the harassment during tenancy or forbid a permanent sale and ownership. The sale of the rental is probably not going to happen with this family. Regardless, the family is responsible to fulfill their annual lease obligations. The HOA and the neighbor/member of the HOA may have a false sense of entitlement to choose who lives in the community. Regardless, the HOA or its members do not have the authority to dictate who the owner rents to or sells to within the guidelines of the covenants. To enforce your homeowner’s rights and protect your tenant’s rights, file a formal complaint with the HOA and reference only the covenant guidelines in violation. It is a stretch to make discrimination the focus of the matter. Without hard proof discrimination is only a speculation. The actions of the HOA member are enough to bring forth a claim. It may be difficult (if not near impossible since you live cross-country), but it seems like you would do well by becoming a member of the HOA board yourself. It pays to know people in “high” places -- form a relationship with the HOA members unrelated to the issues at hand. The relationships will come in handy down the road.
Re: This is HARASSMENT by HOA BOARD MEMBER-need advice by xxx on February 13, 2008 @12:55 [ Reply ]
i'd tell the tenants to keep calling the police

i'd also put together a package listing the harassment and send a letter to the board asking them if all of this is being done with their approval (have an attorney review the letter first)

that should scare the other board members

Re: This is HARASSMENT by HOA BOARD MEMBER-need advice by Anonymous on February 13, 2008 @16:15 [ Reply ]
Consult an attorney and send copies of his threats/actions to the HOA. Threaten both the HOA and him with criminal and civil suits.

Encourage the tenants to call the police on every occassion that he is harrassing them. Keep records of everything and have your tenants do the same. If possible, have them get a restraining order against him.

Also, you could install a hidden camera (keeping the view on your property) and catch him and his behavior.

Additionally, be careful(you and the tenants), he sounds like he is crazy and his behavior may be unpredictible.

Good luck!

Re: This is HARASSMENT by HOA BOARD MEMBER-need advice by Anonymous on February 14, 2008 @18:09 [ Reply ]
Get some of his actions on video, that would be a nice little surprise for your meeting with the HOA.
Re: This is HARASSMENT by HOA BOARD MEMBER-need advice by TABITHA C (CALIFORNIA) on December 1, 2012 @22:39 [ Reply ]

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