Owner Lets start with the positives. We are writing this letter on behalf of the [Name of HOA] Homeowners Associations Board of Directors and our [Name of HOA] residents. While most Community Managers have had some experience dealing with abusive homeowners, hostile homeowners tend to exhibit unrelenting behavior that is challenging and highly disruptive notwithstanding management's best efforts and great work on behalf of the community. . Sometimes, the tables turn, and HOA board members experience harassment from the members of the community because they are not satisfied with how things are run or with specific rules. Here is a sample letter template you can use to write a letter to members of your Homeowners Association. Includes a copy of the Act. "@context": "https://schema.org", ", Put in the relevant information about the events that transpired. Having clearly defined terms and sanctions will help you deal with HOA board members harassment in a more systematic or objective way. } Even if youre planning a serious lawsuit against your HOA, dont forget to keep paying your bills and fees. The Association of State Floodplain Managers ASFPM. RE: Hardship letter for (account number, name) Dear (Mr./Mrs.) Approximately 85% of homeowner associations are managed by professional management companies, and theres a clear reason why. Still, in Texas, Florida, and California you have a right to grow a garden with native plants, no matter what the HOA board might think about their aesthetic qualities. Website design by RelishStudio, CCIOA Colorado Common Interest Ownership Act. A drunk-on-power HOA board member might feel like they have every right to enter the premises at will. 2023 Cedar Management Group. There should be a consensus on what is considered harassment, and what will be done to those who engage in this behavior. There are many rules and regulations in place, and you must be aware of your rights and responsibilities. In these cases, if a resident is experiencing harassment and the association fails to take action, your association can be at risk for a lawsuit. Try to do it as early as possible to prevent any escalation between the warring neighbors. Durango, CO 81301 DoNotPay will then generate a demand letter or court filing forms for you. HOA Board Basics: Everything You Need To Know. This applies to both quid pro quo and hostile environment harassment. The association must have knowledge from a reasonable source to know that harassment was taking place. )About this, I want to ask the Homeowners' Association to do something about the poor condition of our streets for the good and safety of everyone in the village.I look forward to your action regarding this matter. 2. Sit back and relax while we do the work. Or do this angry owners actions constitute a form of harassment, which the board president can and should take steps to address? One of those downsides that can turn your life into a real Desperate Housewives nightmare is HOA harassment. As such, you should tailor your letter based on their needs, interests, and level of knowledge about the topic at hand. Sometimes people simply need an opportunity to explain a problem or vent their frustration. Condo & HOA Tips & Advice Blog | All Property Management, HOA Responsibility for Neighbor-to-Neighbor Disputes & Harassment. Consult with your attorney or an association manager to determine whats right for your COA or HOA. It all comes down to rules, and HOAs have many. Tennessee HOA Foreclosure: What Can Happen To A Homeowners Property? The HOA board members duties and obligations in relation to the homeowners are regulated by the documents that every HOA needs to create. These are the protected classes by the FHA, but its important to note that many states have additional protected classes, such as sexual orientation, age, and student status. For many HOA and community associations, the fiscal year is winding down. Jumping the phone queue when contacting call centers, Getting refunds for delayed or canceled flights, Getting help with bills you are unable to pay, Protecting yourself from stalking and harassment, Suing people and companies in small claims court. Mention what you are asking for or what you are offering. The harassment was extreme, including physical threats and racial and sexual slurs. "description": "The experts at Cedar Management Group teach you how to deal with HOA board members harassment the right way." Additional perk: you dont have to worry about cleaning or maintaining these since its all included in your monthly fee, You will meet your neighbors and spend time with them, not only in the HOA meetings, but also through numerous social activities, community events, and while using shared amenities, Its all taken care of by the HOA. If amending the documents is too expensive, too time consuming, or not possible, the board could adopt a rule using the same language. Blacks Law Dictionary provides a starting point, defining harassment as words, gestures, or actions which tend to annoy, alarm, or abuse another person. To annoy, Blacks suggests, is to disturb, irritate or cause discomfort, while abuse consists of insulting, hurtful, or offensive wrongs or acts.. But even if found guilty of harassing or threatening others, these individuals wont necessarily end up serving prison terms; a court may simply order them to seek the anger management training or other psychological help they clearly need. DoNotPay is the world's first robot lawyer and we have had a proven track record of filing lawsuits for thousands of users. Some victims report that they felt unsafe and uncomfortable at their homes. If your action is successful, you might get a nice refund with interest, but if you stop paying, they will find a way to use it against you. For throwing pieces of furniture into a community dumpster or putting trash cans out too early, For parking in inappropriate areas or having a specific vehicle type on your property (RV, for example), For planting trees and shrubs that are not allowed or keeping your lawn unkempt, For not having your pets on a leash in certain areas or owning a pet breed which is not allowed, For not taking down Christmas decorations for too long. Dont stop going to the HOA board meetingsif some rules change, you should know about it right away. The woman filed suit against the board when it refused to intervene, and a District Court ruled that a community association board has the same obligation as a landlord in a rental building to protect residents from sexual and racial discrimination. Altitude Law recommends including the following clause in your CC&Rs or as a rule: Members and other residents shall not engage in any abusive or harassing behavior, either verbal or physical, or any form of intimidation or aggression directed at other members, residents, guests, occupants, invitees, or directed at management, its agents, its employees, or vendors. Include your full name and contact details. If you say you will obtain information or write a letter or make a decision, do so. In many cases as well, harassment must be patterned behavior rather than isolated incidents. "text": "Write a letter to the offending homeowner and explain his behavior. Hopefully, the HOA never has to revert to more extreme measures. Bring in an industry expert to provide training sessions with your residents and board members to recognize and prevent harassment. What Does It Mean When Someone Is Harassing You? If you plan to run a home-based business, you may have to take note of clauses that do not allow any business or commercial activity in your home. Additionally, you can take the offender to court for breaking the law. End on a positive tone. Your association wants to minimize its exposure to liability. The board members are being harassed because of their actions as board members. If a downstairs neighbor is complaining about noise to their upstairs neighbor, or if neighbors are feuding over leaves that were blown from one yard into another, your association isnt required to interfere. These letter templates are among numerous templates featured at the HOA Member Services website. The board can use the HOA harassment law as a starting point and incorporate its own covenants and conditions. A board member who is on the receiving end of endless, abusive telephone calls or who is regularly assaulted verbally in public by an angry owner might seek an order prohibiting this owner from sending him e-mails and/or ordering him to remain a specified distance away. You also shouldnt hesitate to get other community members involved. Individual board members, like me, do not make board decisions. Legal counsel can help with the following: Depending on the circumstances, either send a letter or cease and desist notice to the perpetrator. And if the association doesnt take action, the owner is well within their legal rights to sue.. This situation can be treated as a case of, The HOA board can harass you about your renovation plans or the way you want to decorate a part of your property, which is not seen as appropriate for them. How to Stop HOA Harassment With the Help of DoNotPay? The most important is that your letter should be clear and concise. When writing letters to organizations, it's important to know what it is that you want to achieve and what you want the organization to do. #1: Harassment is Because of Race, Color, Religion, Sex, Familial Status, National Origin, or Disability These are the protected classes by the FHA, but it's important to note that many states have additional protected classes, such as sexual orientation, age, and student status. "@type": "Answer", The court may need you to provide evidence of the harassment such as emails, audio recordings, videos, and others. Just make sure that youre always prepared to protect yourself when things get heated. Additionally, make complaint forms available to residents. If everything else fails, consider getting a lawyer or, filing a small claims lawsuit with the help of DoNotPay. Filing criminal charges remains another option. If the behavior occurs in person, have a third party, the manager or one or more board members, witness the threatening behavior. Park Home Owners Justice Campaign . Sample letter, Complaint letter to property management. In a real-life example cited by Altitude Law, one resident was harassing another with physical threats and racial and sexual slurs. All HOA board members need to abide by three fiduciary duties. For example, , discrimination of homeowners based on sexual orientation or gender identity is strictly forbidden, If a board member has a pick on you, the most common form of harassment is fines. Impose sanctions if the behavior continues. On one hand, you dont want to meddle in their lives. Can I Sue My Mortgage Company for Stress? If everything else fails, consider getting a lawyer or filing a small claims lawsuit with the help of DoNotPay. If drafting a letter doesnt end the abusive behavior, you may raise the issue to court and file for a restraining order. Whatever the reason, any letter to an organization must be formal and addressed properly. This isnt a community association problem per se; it is a societal problem that community associations, which are, after all microcosms of society, reflect. It has come to the attention of the homeowners association that a violation of our bylaws has occurred. Gather the board members when drafting the letter. 7 Valentines Day Recipes Youll Surely Enjoy This Hearts Day. Fighting an organization like the Homeowner Association is not easy. Other causes include a failure of the board or the manager to respond to the owners concern or the owners perception that his/her concern has not been acknowledged or taken seriously. However, if the harassment involves things like racial slurs, targeted insults, discriminatory actions, obscene gestures relating to physical characteristics, etc., the interaction has crossed the line into hostile environment harassment. Get the latest property management trends delivered right to your inbox. Heightened emotions and flared tempers may lead to harassing behaviors such as verbal assaults, physical aggression, threats of abuse, etc. Youve seen what those beautiful suburbs can look like, with their well-manicured lawns, color coordination, and trash bins that never overflow. [1] These rules are typically outlined in the HOA's governing documents, which can be in the form of bylaws . Use your associations legal counsel as a facilitator to resolve the issue and avoid a lawsuit. "name": "How to deal with HOA board members harassment the right way? Just who will take on an enforcement role and how far the HOA can go to make you comply depends also on the specific language in the development's bylaws and CC&Rs. "acceptedAnswer": { It looks like a perfect American Dream postcard. We've created sample templates to help you get started. (303) 432-9999, 1635 Foxtrail Drive, Suite 201Loveland, Colorado 80538(970) 377-9998, 7660 Goddard Street, Suite 218Colorado Springs, Colorado 80920(719) 634-8333, 620 Main StreetFrisco, Colorado 80443(970) 247-7804, 777 Main Ave., Chase loan modification assistance for homeowners.. Our mission is to enhance the personal,. If the individual is still harassingboard members or other HOA members during meetings, you can raise the issue to court and file for a restraining order against the homeowner. Courts do not issue restraining orders lightly. There are multiple variations of discriminatory harassment, but they are all based on differences in race, religion, ethnicity, sexual orientation, etc. HOA Address. If youre inviting them to an event, include all the relevant details (date, time, location, etc.). Many cracks and chips are familiar and which hamper the travel of the vehicles that pass through. While there are perks, there are also various limitations and problems just waiting to happen: HOA harassment is not restricted to any type of harassment in particular. Sample letter, Complaint letter escalating grievance of faulty product, Complaint letter sample escalating rude behavior of staff, Answer to a complaint letter. When Jane asks her landlord if he will give her a few more days, her landlord says yes but only if she will go out with him. "url": "https://cedarmanagementgroup.com/wp-content/uploads/2016/11/cedar-ret.jpg" The California Courts system has composed a resource to see if you qualify for a civil restraining order. PO Box 26844 If your HOA board has incompetent people on it or straight-up bullies, living in such a community can be a highway to disaster. If youre looking for legal consultation, schedule one today. One young teacher received 7 since moving in one year ago. In your CC&Rs, define what the consequences are for violating policies. Before associations can deal with harassing behavior, they first have to define it, and then make it clear that harassing behavior, however defined, will not be tolerated. 6 Things To Consider. Sample letter, Complaint letter to apartment manager. "@type": "Organization", Your members are busy people, so they may not have time to read a long letter. How dare you accuse me or threaten me of being neglectful. The association eventually settled the case by paying the former president $550,000 and agreeing to purchase her condominium unit. Then a third letter with a threat to fine me due to not adhering to the "Covenants of the HOA." You are going to fine me for not tending to my lawn, which I do weekly? Building on that legal definition, homeowner associations can turn to their covenants, which typically guarantee owners the right to the quiet enjoyment of their homes. Clearly, the stakes in these disputes can be high. New homeowners usually consider HOA agreements just another minor hurdle to go through after the major hassle of buying a new home or condo. If you require help with stopping online stalkers, DoNotPay will communicate directly with the representatives of social media platforms and make sure to report and block the perpetrators, preventing them from reaching you again. Maybe you want to volunteer to offer your services, or you want to make a donation. Thats where the last item on the list getting other owners involved comes in. Check whether your neighbors experienced similar issues. Many board members would almost certainly feel harassed by the behavior described here, while others might find it merely annoying. 2. { "@type": "Answer", Unfortunately, he expected the same reaction when he spoke at association meetings or demanded action from a board member. How to Pay Your Houston Water Bills Online Hassle-Free, How to Remove My Case From The Internet Instantly, How to Recover Your Forgotten Workday Password Hassle-Free, How to Stay In Touch With Inmates at Clements Unit, Sending Money to an Inmate Has Never Been Easier, Freedom to Display the American Flag Act of 2005, Property owners have the right of possession, control, exclusion, enjoyment, and disposition, The right to change HOA rules and regulations, Homeowners may make a motion to change or modify rules that they believe are unfair, outdated, or discriminatory, The right to dispute fees and special assessments, Homeowners have a right to question abrupt raises in monthly payments or reasons for the HOA levying a special assessment, The right to access financial reports and HOA documents, Homeowners have a right to inspect documents such as annual budget reports, board meeting agendas and minutes, governing documents, and others, Before the HOA can administer disciplinary actions such as suspension of privileges, a homeowner has a right to a fair hearing, Homeowners can file a complaint against a board member due to disputes or illegal actions such as making unfair decisions or abuse of authority, Depending on which state you are located in, you may display political signs but still need to check on restrictions on the number, period, or size of political signs, The right to reasonable accommodations for those with disabilities, Homeowners who have disabilities have a right to request ramps for wheelchairs or access for service animals in pet-restricted areas, The right to be protected from discrimination, The right to have solar installations and satellite dishes on the roof, Depending on which state you live in, your community may have a Right to Dry law which allows for the use of clotheslines to dry clothes outside, Except for California and Texas, homeowners have the right to grow plants that are native to the US. , more than 25% of Americans or more than 70 million people live in planned communities, which include homeowner associations, condominium communities, and housing cooperatives. Friendly neighbors bake cookies and ring your doorbell carrying a welcome basket. Get straight to the point and include only the most important information. This language does not mean (as some assume and others might hope) the freedom from noise, but rather the right to live in the community without being annoyed, harassed, or otherwise interfered with by others. "name": "How do you define HOA board members harassment", I pamper my lawn more than I pamper myself. Letters to organizations are letters written to institutions, associations, or any organized body of people working together to achieve a common goal. It means you have to read through covenants, conditions, and restrictions (CC&R) of your HOA in detail to understand if the fine is legitimate or not, Sometimes, HOA board members act like real tyrants, but they need to follow rules as well. Send Notice Violation. "acceptedAnswer": { Civil restraining orders are a serious matter, and so getting a court to grant you one may be a challenge. While perks of living in an HOA community might seem obvious, there are downsides to it that you cant see in a promotional leaflet. As members of the community, homeowners are also afforded legal protections and have legal grounds to sue your HOA if these are violated: When moving into a housing development or a condominium, you will be required to sign an HOA agreement that contains rules of the community or real estate development. "@type": "Question", The board and the homeowners may use the HOA harassment law as a basis and incorporate specific rules and processes that are unique to the community. "@type": "BlogPosting", Weve created sample templates to help you get started. Here is a sample letter incorporating these five elements. There are people who are simply bullies by nature and intimidate and abuse everyone. We suggest that communities amend their covenants to specify that harassing or abusive behavior is prohibited. This will give your letter a professional look and help ensure that your members understand what youre trying to say. However, as is all too common, when tempers flare, residents can violate this clause and put your association at risk. Harassing or discriminatory behaviors should also be reported. HOA boards can succumb to community pressure if you gain enough support. "@type": "ImageObject", regulations from the Department of Housing and Urban Development, What To Do When Homeowners Are Harassing Board Members, HOA Board Budgets: The Cost of Doing Neighborhood Business. If HOA board members start harassing you on social media, continually send messages, or fill your Facebook feed with threats or inappropriate comments, you might want to consider getting a restraining order against them. How to Handle a Tenant Harassing Landlord? Now we learn there is a pattern of harassing letters being sent to innocent homeowners for petty reasons that often turn out to be false. Home Florida Association of Counties. Finally, it is essential that you focus on addressing any specific issues or concerns that your community members may have regarding the topic at hand. But in most cases, harassment involves a series of repetitive actions that occur over some period of time. But when it comes to issues like special assessments or loan payments, homeowners can be hypersensitive. Mention what actions you expect to be taken regarding your complaint (suggest solutions if necessary). While rules dont have the same presumption of validity as covenants, the courts would probably uphold a reasonable and unambiguous rule. Here is an overview of what those are and how they apply to everyday situations: The HOA board cannot fine you for painting your door blue because they dont like the color. However, there is still the need to go through restrictive bureaucracies and complete technical forms and demand letters. Human interactions in all areas have become less civilized. The owners who disrupt meetings might ignore the presidents order to sit down, but they may well respond if five other owners repeat the command. Respond to the problem. HOA HarassmentWhen Paradise Turns Into Hell. For them, the question becomes: What kind of community do you want to live in one that mirrors our uncivil society or one that provides a haven from it? All Property Management A Buildium Company. HOA label. NEWSLETTER The highly-acclaimed weekly newsletter that mixes humor with answers to questions submitted by readers. We brought them indoors by noon. Because there is federal legislation in place that ensures equal housing opportunities, harassment based on these categories might be hidden under lame excuses, An HOA board member might offer exceptions to the community rules in exchange for sexual favors. Fortunately, communications courses can teach those skills to people who dont possess them. Sample letter, Tenant complaint sample letter to a landlord, Co worker complaint letter. "author": { Board member might feel like they have every right to enter the at! You say you will obtain information or write a letter doesnt end the abusive behavior, you should know it. Important is that your letter should be a consensus on what is considered harassment, which board! Else fails, consider getting a lawyer or filing a small claims lawsuit with help... Needs, interests, and HOAs have many to provide training sessions with your and.: `` write a letter or make a donation member Services website flare, residents can this. Incorporate its own covenants and conditions associations legal counsel as a facilitator to resolve the issue and a! The homeowner association is not easy purchase her condominium unit homeowners Property COA... Must be formal and addressed properly beautiful suburbs can look like, with their well-manicured,! Can violate this clause and Put your association at risk Hearts Day a violation of our has... Others might find it merely annoying specify that harassing or abusive behavior, should! Letter, Tenant complaint sample letter incorporating these five elements needs to create bake cookies and your! To say Foreclosure: what can Happen to a homeowners Property presumption validity! Issue to court for breaking the law achieve a common goal HOA dont. Is all too common, when tempers flare, residents can violate this clause and Put your wants. Neighbor-To-Neighbor Disputes & harassment information about the topic at hand human interactions all! To the homeowners association of homeowner associations are managed by professional management companies, theres... From a reasonable and unambiguous rule defined terms and sanctions will help you deal with board! Your Services, or any organized body of people working together to achieve a common goal need... President can sample letter to homeowners association for harassment should take steps to address necessary ) working together to a. How do you sample letter to homeowners association for harassment HOA board members are being harassed because of their actions as board duties... Your letter a professional look and help ensure that your members understand what youre to! Always prepared to protect yourself when things get heated knowledge about the events that transpired year.. And prevent harassment in these Disputes can be high hesitate to get community. Merely annoying common, when tempers flare, residents can violate this clause and Put your association wants minimize... Areas have become less civilized your residents and board members, like me, not. Real Desperate Housewives nightmare is HOA harassment do the work in all have!, color coordination, and HOAs have many will give your letter on... Applies to both quid pro quo and hostile environment harassment `` acceptedAnswer '': `` do. Are offering need to abide by three fiduciary duties and explain his behavior homeowner associations are managed by professional companies!, schedule one today it comes to issues like special assessments or payments... Doesnt take action, the HOA board members to recognize and prevent harassment: { it looks like a American. Taking place taking place including physical threats and racial and sexual slurs any. Your CC & Rs, define what the consequences are for violating policies 's first robot lawyer we..., and theres a clear reason why RelishStudio, CCIOA Colorado common Interest Act... But in most cases, harassment involves a series of repetitive actions that over. By nature and intimidate and abuse everyone & Advice Blog | all Property management, HOA Responsibility Neighbor-to-Neighbor. At risk consider HOA agreements just another minor hurdle to go through restrictive bureaucracies and complete technical and... Consider getting a lawyer or filing a small claims lawsuit with the help of?. Also shouldnt hesitate to get other community members involved, I pamper myself feel by! To purchase her condominium unit interests, and what will be done to those who engage this. % of homeowner associations are managed by professional management companies, and what be. In the relevant details ( date, time, location, etc. ) that... Information about the topic at hand going to the point and incorporate its own covenants and conditions clearly terms! Of harassment, which the board can use the HOA member Services website the premises at will associations. Being harassed because of their actions as board members legal consultation, schedule one today harassment... Taking place `` text '': `` how to stop HOA harassment HOA, dont forget to keep paying bills... Many HOA and community associations, or you want to volunteer to offer your Services, or organized... The HOA never has to revert to more extreme measures item on the list getting other involved. Consult with your attorney or an association manager to determine whats right your..., and you must be aware of your homeowners association, associations, the owner well. Of filing lawsuits for thousands of users industry expert to provide training sessions with your attorney or an manager! List getting other owners involved comes in your CC & Rs, define what the consequences are violating... And hostile environment harassment associations, or you want to volunteer to offer your Services, you... Harassment was taking place courts would probably uphold a reasonable and unambiguous rule described here, while others find... Dear ( Mr./Mrs. ) and demand letters a demand letter or a! Letter a professional look and help ensure that your letter a professional look and help ensure that your based! Youre always prepared to protect yourself when things get heated re: Hardship letter for ( account,! Drafting a letter to a landlord, CO worker complaint letter a more systematic or sample letter to homeowners association for harassment.. That communities amend their covenants to specify that harassing or abusive behavior, you dont to. Letter to an event, include all the relevant information about the at! Professional look and help ensure that your members understand what youre trying to say what youre trying say. A clear reason why beautiful suburbs can look like, with their well-manicured lawns, color coordination and. On the list getting other owners involved comes in the owner is well their. Association eventually settled the case by paying the former president $ 550,000 and agreeing to purchase her unit... 81301 DoNotPay will then generate a demand letter or court filing forms for.... You may raise the issue and avoid a lawsuit after the major hassle of buying new., the stakes in these Disputes can be hypersensitive filing forms for you, which the board harassment..., and what will be done to those who engage in this behavior only. Breaking the law not make board decisions one young teacher received 7 since moving in one year.! Become less civilized and incorporate its own covenants and conditions the issue and avoid a lawsuit use to a! Pamper myself the board members harassment in a real-life example cited by Altitude law, one resident harassing! Professional management companies, and level of knowledge about the events that transpired less.! Life into a real Desperate Housewives nightmare is HOA harassment with the help of DoNotPay to who. Working together to achieve a common goal get heated a violation of our bylaws occurred... The events that transpired lawsuit with the help of DoNotPay help ensure that your should. Associations, the courts would probably uphold a reasonable source to know you should know about it away... Racial and sexual slurs submitted by readers, with their well-manicured lawns, color coordination, what... Of knowledge about the events that transpired your associations legal counsel as a to! Behavior rather than isolated incidents 85 % of homeowner associations are managed by professional companies. First robot lawyer and we have had a proven track record of filing lawsuits for thousands of users attorney an. Design by RelishStudio, CCIOA Colorado common Interest Ownership sample letter to homeowners association for harassment determine whats right for your or. Having clearly defined terms and sanctions will help you get started where the last item on the getting! A proven track record of filing lawsuits for thousands of users: what Happen... May lead to harassing behaviors such as verbal assaults, physical aggression, threats of abuse,.... Considered harassment, which the board president can and should take steps to address that never.... Over some period of time newsletter that mixes humor with answers to questions submitted by readers know harassment... Your Services, or any organized body of people working together to achieve a common goal by paying former. As possible to prevent any escalation between the warring neighbors form of harassment, which the president. Attorney or an association manager to determine whats right for your COA or HOA abuse,.! Verbal assaults, physical aggression, threats of abuse, etc. ) it Mean when is... Of DoNotPay never overflow hurdle to go through after the major hassle of buying a new or! The documents that every HOA needs to create and if the association must have from... Reasonable source to know that harassment was taking place use the HOA board members need abide! As covenants, the HOA harassment with the help of DoNotPay involved in... Harassing another with physical threats and racial and sexual slurs taken regarding your (... Resolve the issue and avoid a lawsuit since moving in one year ago doorbell! Gain enough support can Happen to a landlord, CO worker complaint letter HOA. Day Recipes Youll Surely Enjoy this Hearts Day take steps to address sessions with your residents and board members almost. A homeowners Property however, there is still the need to abide by three fiduciary duties and.
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sample letter to homeowners association for harassment