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Thread: Talk about your troubles

  1. #11281
    Kip
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    Re: Talk about your troubles

    Candor - OMG - that situation would drive me crazy. Your patio has to be for your use only with that definition of "limited common element." I bet the spigot is just for maintenance use.

    Is any other part of your unit like a front porch or walkway a limited common element? If so, maybe you could ask for clarification from some of the other board members about what this means in reference to one of these other areas. Or just ask about what the term means in general. (I'm thinking it might be best to get an answer before board members realize where you're going with the issue.)

    I'd be tempted to buy a watering can for the neighbor and give it to her, telling her to fill it in her kitchen and stop using the spigot on your patio.
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  2. #11282
    FORT Fogey candor's Avatar
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    Re: Talk about your troubles

    Quote Originally Posted by M_shelll View Post
    I assume you are not allowed to go hang out on her patio.
    My thought exactly. Nor would I ever enter someone's unit without permission, but that's another story. The HOA pays for the water, but our complex is in a hilly, woodsy area, so it's mostly just a bunch of driveways off the main road with a strip of shrubs between the parking and the road. This is Portland, so nature waters that. I do plan on bringing the issue up with the board -- but my neighbor and the president pretty much run the board, so I may not get far.

    Thanks for all your comments. If anything, it's a relief to know that I'm not being the unreasonable one. I swear, it's Boca del Vista up in here.
    "If there are no dogs in heaven, then when I die I want to go where they went." Will Rogers

  3. #11283
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    Re: Talk about your troubles

    I agree with Shelll. The most important part of her post was : Check your condo docs. Those docs should spell out who is responsible for what. Is it possible that hose bib was installed by the previous owner of your unit? If that's the case, no one else has the right to use it.
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  4. #11284
    FORT Fogey Ellen's Avatar
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    Re: Talk about your troubles

    Quote Originally Posted by candor View Post
    ...it's a relief to know that I'm not being the unreasonable one. I swear, it's Boca del Vista up in here.

    I just saw one of those eps on Seinfeld this weekend!
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  5. #11285
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    Re: Talk about your troubles

    Candor - a dumb question - do you own the condo or are you renting it from the association? If you are renting - in my state it is illegal to enter a tenant's home without their express permission in advance of entering each time. Check your state laws. If you own it, change the locks immediately. Also, if you own it, consider doing whatever it takes to fully enclose your patio. For example, screen it in with a screen door that you can lock to prevent them entering. LCE does NOT mean it's for everyone to use - it is for your use only but the BOD/their workers can go there for maintenance, ie., to paint the exterior of the building.

  6. #11286
    FORT Fogey candor's Avatar
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    Re: Talk about your troubles

    Hi Cornholio, I do own the unit, but the HOA requires they have a key to everyone's units in case of emergencies. I looked into that and apparently it's legal. I only have proof that they've entered twice without permission -- once the president and his wife walked in without knocking when I had just taken ownership (not that big a deal); another time when my drywaller came out of the bathroom and the wife was in my living room demanding to see her license (a big deal, and my drywaller suggested I sue and that she'd be happy to testify). Other times it's just my suspicion -- a stairway light that I'd never used was on when I came home, etc.

    I do think I'm going to change the locks, though. Another owner is infuriated by the key requirement, so on that one I'm not alone. I just hate living with this kind of conflict. It's exhausting.
    "If there are no dogs in heaven, then when I die I want to go where they went." Will Rogers

  7. #11287
    Kip
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    Re: Talk about your troubles

    Candor, I wouldn't change the locks. If there is an emergency and they can't get into your unit, and damage to other units results, you might be liable for it.

    You might consider getting a motion-activated web cam. They're not very expensive. When my MIL was in an independent living facility, she and some other residents were convinced people were entering their apartments while they were in the dining room. Management wasn't listening to their concerns. I had her put a tiny piece of paper in the door (on the hinge side) as she went out. If you leave a little bit sticking out, you can tell immediately when you return if someone has opened the door. When we had the paper scrap confirmation that someone was indeed entering, I bought a cheap webcam on ebay and got the proof to show management. (I should have bought the webcam right off the bat, but

    Check the HOA rules about entering. Usually entry without permission is legal only for emergency situations (burst pipes, fire, etc.) For other things, I bet they're required to give you 24-48 hrs notice. And many bylaws are set up to require more than one HOA representative to be present if your key is used in non-emergency situations.
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  8. #11288
    FORT Fogey Dragonlady's Avatar
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    Re: Talk about your troubles

    I"m pretty sure that almost all state laws state that no one can enter your home w/o your permission. They are definitely breaking a law. You need to look into this.
    I would also consider getting a nanny-cam and check it (fast forward) each evening and save for when you need it.
    Also, please consider if this next door woman slips and falls on your patio, all of a sudden it will be YOUR patio and not common area. And she will sue you. And probably the HOA also.
    Call your insurance people, tell them what is going on and they may tell you that she can't go on your patio. They may also know about people entering your place and other things that are not correct.

  9. #11289
    FORT Fogey Debb70's Avatar
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    Re: Talk about your troubles

    I would also suggest a consult with an attorney who is familiar with HOA issues. It's confidential and you can go over all your problems and get good advice based on his experiences. The attorney will need to review your paperwork first. I know you may not want to cause trouble, but sometimes a letter from an attorney can straighten things out. And if you don't use the attorney's services, at least you will be certain of your rights.

  10. #11290
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    Re: Talk about your troubles

    Quote Originally Posted by candor View Post
    Hi Cornholio, I do own the unit, but the HOA requires they have a key to everyone's units in case of emergencies. I looked into that and apparently it's legal. I only have proof that they've entered twice without permission -- once the president and his wife walked in without knocking when I had just taken ownership (not that big a deal); another time when my drywaller came out of the bathroom and the wife was in my living room demanding to see her license (a big deal, and my drywaller suggested I sue and that she'd be happy to testify). Other times it's just my suspicion -- a stairway light that I'd never used was on when I came home, etc.

    I do think I'm going to change the locks, though. Another owner is infuriated by the key requirement, so on that one I'm not alone. I just hate living with this kind of conflict. It's exhausting.
    Busy bee must have a lot of time on her hands. Changing the keys might not be a bad idea. Apparently she thinks you do not have a right to privacy.
    You can do it!

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