How can an HOA assess fines without evidence of a supposed violation?
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How can an HOA assess fines without evidence of a supposed violation?
They stated there was an oil stain in my allowed parking space and assessed a fine, there was no oil stain, i never cleaned one up and i know they didn’t cause they didn’t pass on an invoice to get me to cover the cost or provided one to even state they did. So being there was no oil stain i left it alone only to find a letter in the mail that stated that i didn’t take care of the oil stain and they are now penalizing me late fees on the fine. if there is no oil stain, or no proof that there was an oil stain, how can i turn this situation around and sue them for possible harassment and slander.
Asked on May 3, 2011 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The law regarding homeowner's associations and HOA boards and their dictatorship - for lack of a better word - in their running of their kingdom is specialized. But their reign is not absolute and you do have recourse in the legal system. It makes no sense - common sense or legal sense - that you can asses a crime and penalty without proof. The means of challenging the HOA can differ and the rules that you agreed to when you bought in to this development may be binding, at least in the first instance. I would suggest that you take all your paperwork to someone to review on your behalf and to explain to you your rights and liabilities as indicated in your papers and what the law has ruled on in certain circumstances. Good luck.
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