Legal Question in Real Estate Law in California
Are HOA Company steps legal?
I own property in San Francisco which houses my son and his family. He is an alcoholic and has friends that include street people. Over the past six months, the police have been called to the unit due to loud music or fighting [he or his friends]. I met with the HOA board in August and was informed of the disturbances. Since I had not been previously notified, the fines were waived. Last Friday, the HOA Company left me a message that the disturbances were starting up again and called me to a meeting at their offices. The head of the company advised me that they were hiring an armed San Francisco policeman to patrol the building in order to protect the residents. His fee of $10,000.00 a month would be billed to me although he would be working for the HOA company. They conceded there has been no physical injury to homeowers or property. The building is secured and my son is suspected of giving out the code. It is on this basis, the disturbances and his choice of companions that they are proceeding with the hiring and the billing. Is this legal? I do not live in San Francisco but have responded immediately throughout this two months whenever I have been called by HOA board or HOA Company. Please help.
2 Answers from Attorneys
Re: Are HOA Company steps legal?
i am an attorney in the sf bay area and have been practicing law for over 30 years in the real estate area. you do not need help but your son does and i think its never too late but this may be later than you think or want to admit. all of the signs are there and have been given to you, the warning by the hoa. under the municipal codes of sf real estate designated for residiential use may be overseen by the hoa. this is not the real problem but your son is. deal with that and the money and security issues will not have to happen. without knowning the specific code citations under a theory of health, safty and welfare of the citizenary of sf hoa probabley can do what they are doing based upon the long history given your son and his friends behavior. spending money as you will now have to do is better spent on your sons issues and not the hoa. hire a good attorney and psycologist/psycharist and if your son does not want to change than call me but i'm not sure you would be happy with my alternatvies.
Re: Are HOA Company steps legal?
The $10,000 is way over the top. There are many private security companies that could provide full security services for less. I doubt that holding you responsible for this fee would be legal.
Nonethless, you have a serious problem to deal with: your son. Your son's conduct is a nuisance and annoyance to the other members of the HOA.
As the landlord, you are responsible for seeing that your tenants obey the rules and regulations. If not, you should evict them even if they are family.
If I were the attorney for the HOA, I would be preparing a lawsuit for restraining orders to enforce the HOA rules. The HOA can sue you and your tenant for a court order mandating compliance with the CC&Rs and other rules. Violating such a court order is contempt of court and punishable by fines and even jail time. The HOA can also recover attorney fees and the members of the HOA might be able to recover money damages against you.
You need to take action in this situation before it spirals out of control. The HOA is already nervous and obviously not satisfied with your reaction so far. Get your son the help he needs or get him out of there.
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