HOA taking us to court... - PeachParts Mercedes-Benz Forum

colincoon · #1 07-23-2011, 01:53 PM

This morning someone showed up on our doorstep and attempted to serve my roommates and I a subpoena. The last names were incorrect so we did not accept the papers (or tell them our correct names for that matter) but it looks like they are taking us to court.

Back story:

We've been living here for three months, and before that the house stood empty for about six months. As a result the lawn and a tree on our sidewalk were not properly taken care of. The lawn was mowed, but a good 20% of it is dead/brown. The tree branches are too low, but we were told that the rest of the neighborhood has the same problem.

We were told this by someone from the HOA about two weeks ago and have since been working with our landlord to have the branches trimmed and also improve upon the lawn.

The only other thing is that we have four people living here, and two cars have to park in the street (we've been *****ed at for blocking the sidewalk). Two of us have girlfriends that have cars and come over as well, so there are maybe six cars here MAX every now and then (maybe once a week). There is nothing that says we can't park in the street or tells us how many cars can be parked in the street. Again, there are other houses in the neighborhood that do the same thing.

We have ONE *****y neighbor that always comes over and complains about everything. Even Joe was yelled at and called a prick by her!!! She literally has nothing better to do than to come over and complain to everyone about nothing. She has insulted us, sweared at us, and even threatened us about stupid crap that is not her business. She's probably in her 60's and just rides her bike around (without a helmet might I add) with her dog sitting in a basket on the front of it.

I have a feeling this woman went to the HOA and complained, or that she is on the HOA and is blowing this out of porpotion because she wants us out. We are the only house of young people in the area, everyone else is middle aged or retired. I have a feeling she hates us because of this, as she is the only one giving us problems.

I'm just pissed because ever since we moved in this woman has been harassing us.

I'm wondering if we even have a case, because the only warning we got from the actual HOA was to work on our lawn and the tree (which we are).

This has really put a downer on my day.

spdrun · #2 07-23-2011, 01:59 PM

Why did you buy a house in a development governed by an HOA (an association of thieving, bloodsucking parasites)? Condo or co-op where there are common building parts is one thing, but a house with an HOA is just a bad idea, since you can buy one without.

In any case, hope the woman falls off her bike and the road rash turns into a severe case of tetanus.

TheDon · #3 07-23-2011, 02:00 PM

You know I'll help where I can. That lady was rude and unprofessional if she ages on te hoa board

retmil46 · #4 07-23-2011, 02:05 PM

I'd suggest getting ahold of your landlord, and whoever you've dealt with from the HOA previously, ASAP - basically ask them WTF is going on, do they have any knowledge of this, and be sure to inform them of the surly neighbor.

Might not be a bad idea to have a consultation session with a lawyer - tell them the whole 9 yards, find out exactly where you stand and what your options are - that way if the paper server returns, you'll be forewarned and forearmed to deal with them.

Could be once the landlord and HOA rep get wind of this, they just might make the problem go away without any further hassles.

spdrun · #5 07-23-2011, 02:07 PM

Quote:

Originally Posted by retmil46

I'd suggest getting ahold of your landlord, and whoever you've dealt with from the HOA previously, ASAP

Can HOA pigs (and they're all pigs) take a tenant to court if the tenant didn't sign any agreement with them? If the OP and his roomies are renters, this sounds like the landlord's problem, not his.

retmil46 · #6 07-23-2011, 02:22 PM

Quote:

Originally Posted by spdrun

Can HOA pigs (and they're all pigs) take a tenant to court if the tenant didn't sign any agreement with them? If the OP and his roomies are renters, this sounds like the landlord's problem, not his.

Exactly why I sugested getting ahold of the landlord - might be entirely his problem, and he might be able to make it go away as well.

compu_85 · #7 07-23-2011, 02:25 PM

Quote:

Originally Posted by colincoon

She literally has nothing better to do than to come over and complain to everyone about nothing.

I had a neighbor like this. They would always call the city and report my street parked cars as abandoned, and having not moved for months. She almost got my truck towed on Christmas day! They also called the cops on us, saying we were running a chop shop out of our garage. At that moment we had a 78 Rabbit on a trailer behind the beat up 92 Dodge. I think the cops got a good chuckle out of it.

-J

panZZer · #8 07-23-2011, 02:28 PM

Them new iphones are real handy for getting the bit*hes tirades recorded for some retaliation--she wants to be a bad neighbor---Servve her back some.

pawoSD · #9 07-23-2011, 02:38 PM

Next time she comes over complaining....record her and put it on youtube.

TheDon · #10 07-23-2011, 02:52 PM

Quote:

Originally Posted by panZZer

Them new iphones are real handy for getting the bit*hes tirades recorded for some retaliation--she wants to be a bad neighbor---Servve her back some.

I wish I was recording. But for it to be legally used in court, I believe, the person being recorded has to know that they are being recorded or it has to be obvious. I dont know I am just thinking that may be the case.

spdrun · #11 07-23-2011, 02:55 PM

Quote:

Originally Posted by TheDon

I wish I was recording. But for it to be legally used in court, I believe, the person being recorded has to know that they are being recorded or it has to be obvious. I dont know I am just thinking that may be the case.

Depends on state law -- generally only one party to the conversation has to consent, but some states require all parties to consent. And the law may only apply to electronic/phone communications anyway, not recording some dumb old bint on private land.

panZZer · #12 07-23-2011, 02:55 PM

It would be for a verbal abuse charge for the cops--give her legal trouble.

MTI · #13 07-23-2011, 03:07 PM

Interesting that a process server is seeking tenants, but without seeing the complaint, it's hard to say who is bringing the action or what the cause of action is. As a tenant, you have a duty to inform the landlord of any legal action or condition which would affect their interest in the property, but if the suit is against you personally, then there is no such obligation.