Any lawyers? Problems with neighbors...

[RC K9]

Trying to keep this out of the kitchen as I am looking for legit facts instead of just venting and complaining. A couple things, I know things may be different in TX than in OH, but I would imagine there can't be that many difs in laws in this situation, and also, I will try to keep it as short as I can so I don't get too many tl;dr's.

 

I live in a neighborhood with an HOA. Shortly after I moved in, I got a letter from the Community Manager at SBB (management company that helps support/enforce HOA stuff), stating

"It has been brought to our attention that you are working on your vehicle in the garage with the door open. Please do not perform vehicle maintenance with the garage door open. Article 2 section 2.2(b) Parking and Vehicle Restriction."...All work on Vehicles (other than routine maintenance) shall be performed only in an enclosed garage."

 

I responded back explaining how they are misinterpreting their own wording, and that I am actually not in violation of HOA rules pertaining to the work I have done on my car.

 

Their response to that letter,

"The Board of Directors has reviewed your letters and agrees that you are within your rights to do routine maintenance on your vehicles in the garage. Going forward should this situation arise again the person or persons making the complaint will be informed that it is not a violation to work on a vehicle in the garage..."

 

All this was between April and June of 2012.

 

Fast forward to December. I get another letter from the new Comm. Mgr who knew nothing of this situation, where she cites a complaint and refers to their rules about working on vehicle. I responded back to her with a packet of all the letters back and for between myself and the previous CM, showing the Board already determined I was within my rights.

 

Her response back was an apology for the inconvenience this has caused me, she has put notes in several areas on my account about the situation, and the new board has been brought up to speed on the situation. She said I should receive no more letters from them. She also stated it's only been one person making the complaints and they have been advised I am within my rights under the HOA covenant, and any issues they have should be dealt with me directly. (Keep in mind, they can't disclose to me who is making the complaints).

 

A week or so ago, my neighbor Randy came over while I was out in my garage and told me that he found out it was the old couple directly across from me that were making the complaints, and he found out because the old lady (I say old but they are probably young 60's), came over to talk to his wife and told her that they had a lawsuit against the HOA because of me.

 

OK, so yesterday, I had my garage door open, started my Talon, let it run for about 3-4min to warm up, ran inside to get something, came back out to get in the car to run an errand, and the lady with the issue comes up my driveway and stands at the entrance to my garage and asked if I had received any letters from the HOA. I asked her in regards for what, and she said my car. I informed her I had received a letter a few months ago and I had politely informed the new Community Manager that the Board had already decided I was within my rights to work on my car, in my garage with the door open. The HOA's response to my last letter was an apology for the confusion on their end, the matter had indeed been resolved on their end, and I would no longer receive any letters from SBB concerning my vehicle. The lady then proceeded to inform me that they were in litigation with the HOA, however, two different lawyers had informed her she should sue me directly but that she didn't want to go that route as they don't believe in suing their neighbors. I asked her if they don't believe in suing their neighbors, why didn't she approach me with any issues she had long ago before goinging into litigation with the HOA as that would have been the neighborly thing to do. Her response was, "because I knew it would go like this." I informed her again that if she has an issue, she can take it up with the HOA, even though they already ruled in my favor. She stated again that they had, and currently are, however her lawyers have informed her it would be better to sue me directly. I told her my only advice to her was to do whatever she felt she needed to do. She then proceeded to vacate the premises.

 

She came over annoyed and flustered, and left angry. I kept my cool, and pretty much laughed at her and I think that is what really set her off.

 

Now, my interpretation of the situation is; she didn't like the HOA's response to her stating that I am operating withing the covenant of the HOA, so she is trying to sue them. She said they have had two lawyers advise her to sue me directly. I think they are telling her that as they know they will lose against the HOA. I also think that she came over to tell me that she was being advised to sue me directly to try to scare me. She looked absolutely shocked when she brought up suing me directly and I chuckled and told her the only advice I could offer is for her to do whatever she felt she needed to do.

 

Now, I am withing my rights with the HOA, and I am not doing anything illegal, so my question is, can she actually sue me? If so, what can she sue me for/based on? And would she even have a case?

[Supplicium]

Seems like with the current status of HOA taking your side you should be in the clear. As for what you are actually doing is not illegal in any way, I dont see how you could be sued. I would not talk to her in the future though.

[RC K9]

Seems like with the current status of HOA taking your side you should be in the clear. As what you actually doing is not illegal in any way I dont see how you could be sued. I would not talk to her in the future though.

 

I have no intention of having any further interactions with her. That's what had me baffled. If I am going to go around someone and make complaints about them to an HOA, then sue the HOA, then consider suing the individual, I certainly am not going to go talk to them, complain to them, or harass them. I felt it was odd, and very foolish of her to come over yesterday. I think it was more out of desperation on her side as she realizes she is not getting anywhere currently, and thought she could scare me into compliance by mentioning the prospect of suing me. I think that is what she looked stunned when I told her to do whatever she felt she needed to do.

[copperhead]

Why not inform the hoa that she came over threatening you, and if it continues you will get a restraining order. Then file a police report. Then fuck it, let her sue. Bring up that she had been harassing you and counter sue for court costs, after you show the fist full of letters from the hoa stating that you did nothing wrong.

[dakotart]

My non legal advise: You can be sued anytime over anything. Doesn't mean they will win the case though.

[ForeverMaker]

I asked her in regards for what, and she said my car. I informed her I had received a letter a few months ago and I had politely informed the new Community Manager that the Board had already decided I was within my rights to work on my car, in my garage with the door open. The HOA's response to my last letter was an apology for the confusion on their end, the matter had indeed been resolved on their end, and I would no longer receive any letters from SBB concerning my vehicle.

 

You have already said too much. Do not communicate with her in ANY way. You do not need to explain to her the PRIVATE mail that you received.

[sol740]

I fucking hate other people sometimes. You should definitely not set her house on fire though, that's illegal.

[Green Bastard]

I don't have much to add as I agree with others that according to the HOA you did nothing wrong (and thus should be protected), but I'm wondering why she would be so bothered by you working on your car with the garage door open. Were you being excessivly loud or doing it so late at night as to disturb her? It just sounds to me like she is a little batty, but if it were late enough at night I suppose that could be held against you.

[Sturg1647545502]

Acquire camaro, do burn out. That 'el learn 'em good.

[Mensan]

You should go over to her house and ask her what the ACTUAL problem is. Finding out what upsets her and being willing to work with her on a solution to the underlying problem may make your life in your subdivision much easier.

 

I would walk across the street in nice clothes, introduce yourself and your family, and tell them you didn't move in to make enemies. You have a hobby that you'd like to pursue, and if her problem is hearing a car running and it's loud, offer to work on it at certain times, etc. It would be to your benefit to get along with her. If you're a super nice guy she might even forget about it altogether.

[stangsn95gt]

What a cunt

[El Karacho1647545492]

1) Sounds like you are doing what needs to be done; collect and keep evidence, have everything in writing, and don't get emotional. Keep it up.

 

2) Her lawyers are smart. Suing the HOA will be very costly to her and she will be pitted against an organization with an established legal footing and community funding. If she sues you, it is very unlikely that she would win a court battle. However, that's not the point. Her lawyers want to suck you into what they want you to think will be a costly legal battle; the solution they will offer you? We won't sue if you close your garage. That's the only reason she'd sue you. What I would do is consult a lawyer, but I would probably go to her, ask her what her ultimate goal is and why she is bothered by you working on your car. Don't be confrontational, but explain to her what I just explained; that if the two of you can try to talk it out and see if your differences are resolvable WITHOUT lawyers, you both stand a much better chance of living in peace.

 

EDIT: b10 by a couple posts.

[RC K9]

Why not inform the hoa that she came over threatening you, and if it continues you will get a restraining order. Then file a police report. Then fuck it, let her sue. Bring up that she had been harassing you and counter sue for court costs, after you show the fist full of letters from the hoa stating that you did nothing wrong.

 

I have considered getting a restraining order should she say anything further to myself, or my wife. And if she(they) do sue me, I will most certainly be filing a counter suit to recoup my money for lawyer fees, lost time, emotional distress, etc. I am sick of this crap.

 

I don't have much to add as I agree with others that according to the HOA you did nothing wrong (and thus should be protected), but I'm wondering why she would be so bothered by you working on your car with the garage door open. Were you being excessivly loud or doing it so late at night as to disturb her? It just sounds to me like she is a little batty, but if it were late enough at night I suppose that could be held against you.

 

She claims I have my car running for hours (not illegal), which I do not, she claims I am indeed violating HOA rules, (which the HOA has established I am not), etc.

 

She is just a bitter old woman with nothing better to do as she doesn't work, and her husband is a wimp. Her husband works, her husband is the one that walks their dog, alone, awe only see her occasionally outside gardening. Some people just revel in their misery.

[jerrodh]

Lol i would have just simply said see her in court. I mean I don't really understand where a judge would say the other resident has grounds to sue if the HOA isn't suing you or evicting you, etc.

 

EDIT: You should definitly speak with your HOA immediately telling you that she is pestering you about things that have already ruled in your favor. They might release a memo to the entire community clarifying the rules. This would be good defense should she actually go forward with suing you.

[RedRocket1647545505]

You should have told her if she plans on threatening to sue you, that you will be counter-suing for harassment.

[El Karacho1647545492]

Lol i would have just simply said see her in court. I mean I don't really understand where a judge would say the other resident has grounds to sue if the HOA isn't suing you or evicting you, etc.

 

EDIT: You should definitly speak with your HOA immediately telling you that she is pestering you about things that have already ruled in your favor. They might release a memo to the entire community clarifying the rules. This would be good defense should she actually go forward with suing you.

 

this is a very good idea

[2highpsi]

The best defense is a good offense.

 

File a harassment suit against her first.

[RC K9]

You should go over to her house and ask her what the ACTUAL problem is. Finding out what upsets her and being willing to work with her on a solution to the underlying problem may make your life in your subdivision much easier.

 

I would walk across the street in nice clothes, introduce yourself and your family, and tell them you didn't move in to make enemies. You have a hobby that you'd like to pursue, and if her problem is hearing a car running and it's loud, offer to work on it at certain times, etc. It would be to your benefit to get along with her. If you're a super nice guy she might even forget about it altogether.

 

Her and her husband have met us, our new son, and had some short superficial interactions in the past. I just can't remember her name.

 

As for coming to a compromise, i'm not closing my garage door unless I am using air tools or the compressor is running. I am doing nothing wrong, so I will work on my car when I want.

 

1) Sounds like you are doing what needs to be done; collect and keep evidence, have everything in writing, and don't get emotional. Keep it up.

 

2) Her lawyers are smart. Suing the HOA will be very costly to her and she will be pitted against an organization with an established legal footing and community funding. If she sues you, it is very unlikely that she would win a court battle. However, that's not the point. Her lawyers want to suck you into what they want you to think will be a costly legal battle; the solution they will offer you? We won't sue if you close your garage. That's the only reason she'd sue you. What I would do is consult a lawyer, but I would probably go to her, ask her what her ultimate goal is and why she is bothered by you working on your car. Don't be confrontational, but explain to her what I just explained; that if the two of you can try to talk it out and see if your differences are resolvable WITHOUT lawyers, you both stand a much better chance of living in peace.

 

EDIT: b10 by a couple posts.

 

I have recorded evidence in the form of letters and e-mails all with dates and times.

 

I think you are right about her lawyers trying to get her to scare me, and I think they also don't really care weather they win or lose because they are getting paid anyway. The longer they have to interact with her on this matter, the more money they are making.

[acklac7]

She is just a bitter old woman with nothing better to do as she doesn't work, and her husband is a wimp. Her husband works, her husband is the one that walks their dog, alone, awe only see her occasionally outside gardening. Some people just revel in their misery.

 

Had the exact same situation in my current Condo, NASTY older bitch below me just complains about everything, her husband gave up fighting with her years ago. Finally after several letters from the board I got nasty and told them to "tell that bitch if she has a problem to come say it to my face", she put her place up for sale a couple weeks later.

 

IMO i'd go tell that bitch off in a hearbeat, but since she has lawyers involved thats probably not the best idea. Personally Im a firm believer in electro shock therapy for older bitter women.

[Not Brian]

My next house will be at least a half mile away from my neighbors.

[Mensan]

The more you do to try and reconcile issues with her and keep things civil, and out of court, the better for YOU when you GO to court.

 

TRY TRY TRY first. You'll be better off. I never said close your door. Find two or three things that seem like compromise and offer them to her, i.e., no working on your car after 9 pm, or before 10am on Sunday, or whatever. Make something up. Write it down.

[BBQdDude]

Just stop talking to her PERIOD. Even if she says hello in the street.

 

Disregard the advice to go over and see what it is about. She has gone past that point. By talking to her now she can claim anything was said to bolster her case.

[Mensan]

Just stop talking to her PERIOD. Even if she says hello in the street.

 

Disregard the advice to go over and see what it is about. She has gone past that point. By talking to her now she can claim anything was said to bolster her case.

 

You are wrong and your advice is bad.

[acklac7]

The more you do to try and reconcile issues with her and keep things civil, and out of court, the better for YOU when you GO to court.

 

TRY TRY TRY first. You'll be better off. I never said close your door. Find two or three things that seem like compromise and offer them to her, i.e., no working on your car after 9 pm, or before 10am on Sunday, or whatever. Make something up. Write it down.

 

Have you ever delt with women like this? there cooters are rusted shut and they have absolutely no intention of reasoning with anybody. All they want to do is dig up shit to bitch/complain about. They are hell to deal with.

[Forrest Gump 9]

You live in TX and in HOA subdivision? Is Texas running out of land?

 

Do you like where you live? If so go over and ask her what's the problem and try to work out a compromise. My sister had the same problem like your when she lived in FL. Everytime she open her garage door more than three minutes she get a complain. The neighbor right across was a retired old lady. My sister introduced the old lady to her Mexican lawn care person, problem fixed .May be you should give the husband some Viagra to keep your neighbor busy and happy. If not a vibrator/ dildo should help.