Massive Dispute with HOA

[dachiri]

What is the name of your state (only U.S. law)? DC

I have been experiencing ongoing problems with my HOA in a small condo building for the last 2.5 years. Just last week, I sent a letter to the Board asking them to remediate these problems, but it is clear in speaking with the Board president that he plans to take no action to fix these problems. FYI, we do not use a management company.

First, we have certain shared HOA amenities that are under lock and key, to prevent theft and unauthorized use. We obtained these amenities over 2 years ago. To date, I have not been issued a key to these amenities, despite numerous requests for a key to the property. The current and former members of the Board are well aware that I do not possess keys to these amenities. In fact, one member of the Board has, on occasion, unlocked the amenities so that I may use them. Still, the current Board president made clear in our conversation that he does not "believe" that I was never issued a key to the property, as certain former Board members "told him" that I was issued a key. I told him during this conversation that I had, in fact, never been issued a key, and if they believe that I was, they should produce evidence that I was issued a key (receipts showing that a key was made, notification that a key was available for me to pick up/left for me/mailed to me). I also said that if I was issued a key, and subsequently lost it, it still doesn't explain why the Board has not offered to make a key available to me or let me make a copy of a key, even at my own expense (I have both requested a key AND to make a copy of a key on numerous occasions).

Second, I do not use my parking spot as I find it more convenient to park my car on the street in front of the building. However, we have restricted parking here in DC, and I'd like to make my parking spot available for use by my guests who do not have the legal right to park on my street for extended periods of time. But I have been prevented from doing so by other members of the HOA. They either park terribly (for instance, with the "line" right up the middle of their car) or outright park in my spot (the Board president is parked fully in my spot as I write this, with the boyfriend of another HOA member parked in his spot). I notified the Board in my letter that I was requesting others not park in my spot, yet, over 5 days later, the Board president brazenly parks his car fully in my spot, despite half the parking lot being unoccupied.

All of this is on top of major breaches of HOA protocol. While we are not permitted to leave personal property in common areas, I was out in our shared yard with my dog the other day, and had placed a bit of wire along the bottom of one portion of our fence, to keep my dog from running underneath it. I do this all the time and take the wire in with me when we leave the yard (he goes out on a leash while I place the wire, he romps freely with the wire in place, he goes back on a leash while I remove the wire and go inside). On this occasion, another HOA member came out to take her trash out, and, without speaking to me, removed the wire and threw it in the trash RIGHT IN FRONT OF ME. When I asked WTH she thought she was doing, she said the wire was "ugly" and an "unauthorized addition to the property" and she felt she had full rights to remove it. I informed the Board of this in the same letter, and while I have not received a formal response, my conversation with the Board president boiled down to "you do not have the right to place personal property in shared spaces, even when you are actively using them." So, I would be fully justified in going out and throwing other members' food or drinks or purses or whatnot in the trash while they are using the yard, because they had no right to bring them into the yard in the first place? Also, the Board, in the last 2.5 years has (a) failed to invite me to 2 out of 3 HOA annual meetings, and only invited me to the third when I wondered why, when I took my dog out for a walk, everyone was gathered in the yard; (b) failed to deliver me ballots to vote for bylaw changes for the last two years, this past year, I heard from another resident that the voting deadline was coming up in less than 12 hours, and when I informed the Board that I had no idea a vote was to be held, was only delivered an electronic ballot and given 72 hours to vote; and (c) demanded that I pay a late fee for my HOA fees when I mailed them to the treasurer...it turns out the treasurer was out of town for an extended time, and I was never informed to mail them to someone else. Given these breaches, I have requested meeting minutes from the meetings I was prevented from attending, revotes on any relevant issues I was prevented from voting on, and a formal protocol for notifying members of meetings and votes.

TL;DR version...I'm being screwed out of all rights I have as an HOA member, and when I demanded these rights I was basically told I wasn't part of the "in crowd" and could kiss my rights and privileges goodbye forever. Given the duration, severity, and ongoing nature of these breaches of my rights, I am considering filing suit against the HOA for return of a portion of my condo fees over the past 2.5 years and requesting the right to escrow my HOA fees until my rights are restored. First, how do I go about estimating what fees I am owed for the last several years? I can estimate the depreciated costs of condo amenities I have been denied access to, but not the value of being unable to attend HOA annual meetings and vote in elections and on bylaw changes. Should I request return of all fees not used for utilities and building maintenance (which I have, of course, benefitted from), or come up with some concrete number? In either case, how do I go about estimating this amount? Second, does anyone have any advice on getting vehicles towed from private property? I have all the HOA's originating documents (my building is a conversion that I bought in at the outset), which show my parking spot clearly. It appears that I need to post the spot and request police intervention in DC, but if anyone has any experience in this issue, it would be greatly appreciated. I'm hoping to restore some of my rights and privileges as soon as I can

 

[ncchicken]

how many people are in your HOA?

 

[dachiri]

Theoretically 6, but some of the votes I have been prevented from participating in, taken during meetings that I have not been given minutes to and was prevented from attending, seem to have extended some kind of voting rights or other privileges to spouses of owners who are not on the ownership documents. I'm not really sure (given my lack of documentation of bylaws since the outset of the HOA) what that really means. I know one Board member is a spouse of an original owner (she got married after she bought) who is not on the ownership documents for the unit (I have a personal relationship with this couple that makes me privy to this knowledge). What that means for voting rights, I'm not sure, since I don't have a current copy of the full bylaws or meeting minutes or vote results for 2 out of the 3 HOA meetings that have been held since I moved in. Our originating documents indicate that each unit gets one vote, and there are 6 units.

 

[dachiri]

Also, before anyone attacks me, I bought well below my means and am 100% current with all HOA fees, my mortgage, and all my utilities that I am responsible for, excepting the late fee that I do not feel I owe (the one thing that I have benefitted from is that mentioned personal relationship with the newly-elected member of the Board, and he has graciously provided me with a copy of the envelope my HOA fees came in, postmarked 3 days before the HOA fees were due, 8 days before a late fee would be incurred). I have honored all my duties to the Association, and they can't even give me the respect of letting me know when meetings are going to be held.

 

[ncchicken]

small numbers make for a bigger problem when you are not in the click.
but it doesnt seem to me to be 5 on 1 you say you have friends so it is already 4 to 2
here is an idea, ask those friends for thier copys of minutes, as well as the bylaws that you should have recieved when you moved there.
that is a starting point. make sure you are up to date on your dues.
Rome was not built in a day, start with a solid foundation. start collecting the paperwork.
document document document
if it is not documented, it did not happen.
use your secret weapon
be NICE.
you will get more bees with honey than vinagar
and it really really messes with thier mind.
recognise the hierarchy there and sidestep the head.
most often the body, dislikes the head as much as you,
but feel they are in no position to make waves.
a smile and a simple hello in passing will warm people to your plight.
it is simple human nature, people want to help people.
its the external bullys that keep many from doing more.
you can go straight to lawyers, and your silent friends will have to make a choice.
or you can win over more one at a time.
I am not saying to be completely passive.
firm, fair, and consistant, as far as your rights.
but forget the past, start over. let them all know that this situation is rediculous, and has to end
they say you have a key to things, you have a few choices, get a copy of your friends key, and say
well I guess i found the one that was issued to me.

 

[dachiri]

Unfortunately, he doesn't really have access to those documents either. He just moved in about 6 months ago, so he also was not around for those 2 votes/meetings I couldn't participate in. I asked him if he had copies of the bylaws, minutes, and vote results, and he told me he didn't. He also doesn't want to rock the boat with the Association, so he might not be telling me the whole truth, and, while asked, will not let me make a copy of their key to the amenities without permission from the association. The other members of the Board are telling him that a key is being withheld from me because of the unpaid "late fee," even though that was only "incurred" 2 months ago, when I should have been issued a key 2+ YEARS ago.

Unfortunately, 3 of the other 4 members of the Association are in the "clique" and the 4th hates me because she was so utterly disrespectful of everyone in making absurd amounts of noise that she received a ticket from the police for a noise violation. I did not call the police on her, a neighbor a few DOORS up the street did, but she thinks I did. I don't think there's enough honey in the world to remedy this situation.

 

[ncchicken]

put the past in the past
cant move forward while looking back
make payment in person, get receipt, ask for immediate copy of key, just let them know you expect a working key in 2 days, that is reasonable time to get one.
straight up, let them know the past is in the past,
and it all needs to be made right.
if that does not work
you have to decide what direction to go in.
there are only 2 possible ends
one is you being able to happily live there, do you think this is at all possible?
the other is do you want to live there, if you get all your perks worked out with or without litigation, if there is continued mental hostilities?

 

[dachiri]

It's very hard for me to "put the past in the past" when I don't even know what our bylaws currently are. I personally feel that the issues here have become so grievous, and the attitude so clearly "we don't care," that I have no choice but to file suit. I requested a key to the furniture within 5 days. It's been 6, I have no key. Tommorow is the deadline to get me meeting minutes. Next week would be the deadline to issue ballots for a revote on bylaw changes. In-person payment of dues is not permitted.

I had 2 questions:

1. How do I go about determining the dollar figure to attach to the suit? I do not have access to the HOA's books and records, and so I can't calculate an exact amount of my condo fees that were not used for utilities and maintenance (the items I have benefited from). Should I ballpark it based on my experience with paying utilities or is there some accepted standard for conducting this estimated calculation when the records are in control of another person?

2. Does anyone have any experience with towing from private property in DC? Our Board president is still in my spot this morning, despite my request that he move his car last night.

 

[csi7]

Take pictures of the president's car being parked in your parking space. Date and timed.
Keep these in a safe place.

Send a certified return receipt letter to the board with the information you are requesting.

With it being a small HOA, having everything in writing will make it easier to get the situation resolved.

If there is a state agency that oversees HOAs in your state, check with them for help.

 

[dachiri]

Right, I delivered a letter to the Board president in person, having him sign a copy to acknowledge receipt, last Wednesday (I figure if personal service is acceptable for legal notices - I am also a landlord - then it should be fine for this with acknowledgement of receipt). I am photographing any violations that call for it, and informing the proper person (people) immediately (for example, requesting that the Board president move his car out of my spot via email). Documentation I can handle, I just need some advice/guidance/experience on the specifics of calculating the complaint dollar figure and what exactly I would need to do to get a car towed from private property in DC, should the parking continue to be an issue (again, it appears that I need to post the space "private parking; violators towed," call the police and prove my ownership, and then? DC's websites say I would be entitled to have the car towed, but are light on the specifics of the process - do the police have the authority to ticket, is a ticket necessary, do the police need to be present for the tow, etc.). I'm well past the point of sending weekly emails and text messages, hoping against all hope that someone will get their head on straight and realize that they're not entitled to arbitrarily strip the rights of a dues-paying member of the HOA away.

 

[swalsh411]

Buy a tricycle at a garage sale and park it in your spot. Attach a note (laminated so that it holds up to the rain) that this is your spot and you will park whatever you want to in it.

 

[festival]

Your condo's Declaration probably prohibits you from posting any signs.

You need to be sure that you own the parking space. Parking spaces are often just assigned by HOAs, and can be re-assigned to someone else. Ideally, the parking space is on your deed or it is in the Condominium Declaration in writing as part of your unit, and in a diagram that is part of the Declaration. If not, be careful as you do not own it.

I would contact a towing company that knows the exact laws and procedures for DC -- not just a company that tows broken down cars, but one that has experience removing cars from private property. They can also put a boot on the car.

 

[dachiri]

Yes, I'm sure I own it. It is marked clearly in the declaration diagrams, and when we moved in each spot had our unit numbers painted on them, though the Board has failed to have the numbers repainted since they've worn off. I was also concerned about the posting of signs, but I was thinking of getting a traffic cone and posting a sign on that, right in my parking spot. Since my spot also backs up on my patio, I don't think the Board could prevent me from mounting a sign on my patio, either, as I also exclusively own that and the only rules I know of about the patios are that we're not allowed to leave trash on them.

But the parking thing is more of a disrespect issue. I need to get the HOA's attention with regard to the much bigger issues of preventing me from using common elements (the locked-up amenities include lawn furniture, a grill, gardening equipment since most of us garden a bit on our patios, hoses we can use to wash our cars and water our personal plants, and some entertainment equipment including a badminton set, a croquet set, and a cornhole set...all of which I paid for, in part, through my dues), knowingly not inviting me to meetings or allowing me to vote on Board members or bylaw changes, and interrupting my use of common space (removing my wire that keeps my dog in the yard, for one example; another is telling me that my "party" of four people sitting in the yard and chatting was too loud at 9 PM on a weekend a while back). I addressed these issues in my letter and at other times, and the response I have gotten is "we don't care." Therefore, I was hoping for some advice on how to calculate my damages to file suit, so that I can finally get their attention and force them to give me equal rights and use of our property.

 

[festival]

There should be wording in your Declaration for assignment and control of parking spaces. What is the wording in your declaration regarding parking spaces?

Your condo's Declaration probably prohibits you from posting any signs, anywhere. What does it say in your Declaration?

 

[dachiri]

The declaration states that I own the unit from the drywall in, the patio from the exterior wall out (there's an outlet out there, so the electrical to that is condo property), and the parking spot, marked on the attached diagrams. It's very clear I own it and the HOA has no control over the parking spot.

The declaration was put in place by the developer. The bylaws established in it only establish a procedure for establishing the HOA, electing Board members, and voting on bylaw changes. In our first meeting, we established a rule that residents needed to remove "debris, trash, and refuse, not resulting from force majeure" from their personal outdoor property (patios and parking spots) in a "timely manner" (so, if a tree branch falls on the property from a storm, the HOA will handle it, if a few twigs blow off in the wind, we need to sweep them up; and if we have people over or otherwise use our outdoor space, we have to clean up). Of course, there could have been rules made about signs since then. I wouldn't know SINCE I WAS NOT INVITED TO MEETINGS OR ALLOWED TO VOTE FOR 2 OF THE LAST 3 YEARS. People place campaign signs and security system stickers in their windows, though that might be different.

Therein lies part one of my main beef: one of the biggest rights of members of an HOA is to determine the rules and representation for their community. I was prevented from doing so. Part two of my main beef is that community common elements, i.e., the yard and it's accessories, that I paid/am paying to purchase/maintain, are being withheld from my use. If someone has specific knowledge regarding the process of private property towing in DC, I'm glad to listen. Otherwise, the most important thing I need to do now is figure out how to calculate my damages for the purposes of filing suit. I have a huge folder full of emails and text messages demonstrating how my rights have been infringed, but, outside of estimating the depreciated value of the common elements purchased (the entertainment equipment/table/chairs/grill), I don't know how to go about estimating the value of unencumbered use of common space, the right to attend HOA meetings and vote in elections, and the right to be notified of changes to members of the Board or bylaws.