Palm Springs Law Blog

Monday, August 3, 2015

The No-Party Clause and Other Bumps in the Road

Everyone has questions from time to time about how to handle knotty problems that threaten to make life miserable. I get phone calls or emails from many of these people who hope that I can provide answers, or refer them on to someone who can. Some are minor issues or sad ones – and some of them are very serious. They cover a vast range of troubles that could happen to any of us. Here are a few recent questions that came up:

Question: Two friends and I get along really well, so we signed a lease on a house together. My friends threw a big party while I was out of town a couple of weeks ago, and neighbors called the police to break it up. Now the landlord has sent a letter telling us all to move out because the lease says no noisy parties are allowed. I am furious. I don’t want to move. I wasn’t even here for the party, so it wasn’t my fault. How can I get the landlord to let me stay, even if the others have to leave?

Answer:  You probably can’t convince him to continue your lease. When the 3 of you leased the property together, you gave up your separate rights and became a single renter. The rights and responsibilities of each one of you are shared by all 3 of you. You may not have been personally involved in the party, but you are just as responsible for it as the other 2 are. The landlord has every right to evict all of you for breaking the terms of the lease. 

Question: What should I do if I get a call from a collection agency and know I don’t owe them any money?

Answer: First, do not ignore the call. Immediately, request verification of the debt in writing. Under California and federal Fair Debt Collection Practices Act rules, you must usually do so within 30 days of receiving the first notification of the debt. When you receive the validation, determine whether it is correct, and that you truly do not owe that debt. Pull together whatever proof or substantiation you can and promptly send that back to the collection agency. 

Second, if the collector refuses to acknowledge your response or withdraw the claim that you owe money, protect yourself by doing the following:

1.      Check your credit report to see if the debt has been reported to any of the
         3 credit reporting agencies. If it has, file a dispute of the claim with each
         of those agencies.
2.      If the collector threatens or harasses you, file a complaint with the
         California Attorney General’s office and the federal Consumer Financial
         Protection Bureau.
3.      If the collector files suit against you to make you pay the debt, do not
         ignore the notice of hearing. You have a very short period of time to
         respond. If you don’t file a protest, you will need to appear at the hearing,
         or it is very likely the court will rule that you owe the debt.

Finally, if you must go to court, consult an attorney to make sure you have as
much proof for your position as possible, and that you understand your legal
rights under the circumstances.

Question: What can I do to make the Homeowners Association respond to my requests for repairs to my condo and our common areas? They don’t answer my calls, and they don’t tell us when the board meets, so I can’t go to meetings to talk to them.

Answer:  California has strong HOA laws that clearly spell out how these organizations
and boards of directors must operate. Each homeowner must be provided with a
copy of the covenants, conditions and restrictions (CC&Rs), bylaws and other
information when the home is purchased; and the HOA must keep these up to date at least annually. Also, an annual budget and outside audit of HOA finances must be provided to each homeowner.

A management company who handles day-to-day HOA affairs is responsible
directly to the board of directors, who are themselves elected by the
homeowners. Notice of meetings and meeting minutes must be provided. You
have the right to inspect and copy association books and records.

Most requests to the management company and the board must be in writing.
This may be one reason your calls are being ignored. Write to the manager and
the board requesting copies of meeting minutes for the past year, and meeting
schedules for the remainder of this year. In a separate letter, identify the
problems you are having in your condo and the common areas, and how you expect them to be resolved. If there is no response, attend the next board meeting, and be prepared to present your concerns in a very brief and concise way. Board meetings must allow time for homeowner participation, but the time is usually limited to 3 or 4 minutes per person.

In the meantime, discuss the situation with as many of your other HOA members
as possible. If you are having trouble with the manager and the board, it is very
likely your neighbors are too. An action plan to get the HOA’s attention is often
successful when they see an uprising in their future.

If none of the above works, and repair and other problems affect daily living,
consult an attorney who is experienced with HOA issues to help decide if legal
action is needed.

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