How do I deal with a HOA president that is making false accusations and sending board letters?

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How do I deal with a HOA president that is making false accusations and sending board letters?

I lease in a condo development. The owner of the unit I lease from and I have a very good relationship. The tenant above me however is the president of the HOA. She runs the development as if it is her private real estate. She continues to harass me and send letters of violation to the owner. There have not been any violations, but she keeps making them up. The management company seems to be her pocket, they never do any investigating. Is there an public agency that helps with these types of issues?

Asked on August 7, 2012 under Real Estate Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

There is no public agency that would address this. 

You could sue for defamation, but that is a really difficult expensive and not real helpful process. You don't really have any monetary damages here that would help a defamation suit either.  The filing fees alone for a defamation suit would be around $250, unless you filed in small claims court.  This blog post gives an good overall description of defamation law in CA: http://www.defamationlawblog.com/2011/03/articles/defamation-basics/is-california-defamation-law-unfair/

You could also file for a civil harassment protective order, but it usually takes more severe harassment than what you described to qualify for such an order.  You can learn more about civil harassment protective orders here: http://www.courts.ca.gov/1044.htm

The bottom line is there is no easy remedy for you. 

 


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