What to do if my HOA sent me a letter accusing my tenants of vandalism and attached the cost of the vandalism to my monthly fee?

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What to do if my HOA sent me a letter accusing my tenants of vandalism and attached the cost of the vandalism to my monthly fee?

My tenants were out of town when the vandalism occurred. How do I react to a HOA that is both judge and jury?

Asked on February 18, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Even though the Home Owners Association ACTS as if they are above the law they are not.  Your first step is to write them a letter and send it by certified mail return receipt requested advising them that your tenants were not involved in the vandalism that allegedly occurred and why (that they were out of town) and advising that if they have proof otherwise you would like it disclosed immediately.  Then enclose the regular fee with out extra cost.  Once you see what they have you have to decide if one, they are correct and you will have to go after the tenants or two, you need to seek legal help with it.  Good luck.


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