Request Hearing and Witness
My HOA bill of July has $600 extra. I called HOA office to inquire. On July 17, I received an email from the office of HOA. In this email I first time saw an electronic copy of a letter dated May 4 written by Olcott Law (I have not received a hard copy of the letter from Olcott Law so far). In this letter it says that my tenant “harassed” his neighbor who is a member of HOA and says that HOA wants me to (1) correct the violations including evicting this tenant, (2) ensure that my tenant avoids his neighbor’s home, and (3) pay the fines.
Before I had a chance to response, HOA already added the $600 to my bill. This is the second time HOA added fines on my bill because my tenant “harassed” his neighbor – last July I paid extra $1300 for this “violations”.
English is not my native language and I always pay my bills. However, today I sent certified letters to the HOA and Olcott Law requesting an open hearing. First, I am not sure if they will reject my request for an excuse of “too late”. Secondly I am not sure if I will be allowed to bring my tenant to the hearing as a witness.
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XIAOQIN
We’ve discussed this situation in prior e-mails. I’m not sure why you never received the original notice of violation in May but if an actual notice was sent to your address of record for the community your opportunity to contest the violation has passed, as you have 21 days from the receipt of the notice of the alleged violation. From what you have described to me the association had no right to claim this violation as there was not provision within the governing documents restricting the specific actions of the tenant. If the board member felt that he was being harasses he could have filed for an injunction against harassment in the municipal court and he would have been rejected in that request. Your tenant would have also had an opportunity to present his perspective, and all of this would have gone away. This board member chose to abuse his power and take the easy way out by simply fining you. You absolutely must contest this violation with ADRE by filing a petition to overturn this action. You have absolutely no obligation or right to evict this tenant because the board member does not like either him or you. You may have a case for hostile hosing environment under Federal Law in the Fair Housing Act if you can demonstrate that this hostile behavior is based on your national origin.
Speak to an attorney and seek their advice on how to stop this individual’s abuse of power.
Dennis