What rights does the HOA president have to give fines for things without warning or with a limited time frame for repair?
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What rights does the HOA president have to give fines for things without warning or with a limited time frame for repair?
We live in a neighborhood with a HOA association; it has a new president. The president has begun sending out threatening letters to us and our neighbors about how we will obtain fines if we don’t do certain things (ie:fix a cracked basketball backboard in 5 days, or pressure wash the house in 5 days). His requests are ridiculous and don’t allow any time to resolve the issues stated. We have a laws guideline book in the neighborhood but he is putting a spin on them in order to state our violations of them. Guests have had tow stickers placed on cars for parking on street, after just a 1 hour visit.
Asked on July 15, 2011 under Real Estate Law, South Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The authority of the Homeowner's Association's president to act on behalf of the association is based upon the "covenants, conditions and restrictions" also known as CC & R's that are recorded as to each home that is subject to the association. Your preliminary report and title insurance policy for the home you purchased should reference this recorded document. You can then go to the county recorder's office and obtain a copy for future use.
I suggest obtaining a copy of these "covenants, consitions and restrictions" pertaining to your property as a starting point regarding proper procedures that the association's president must follow as to his demands to individual homeowners in the association whose property is subject to the"covenants, conditions and restrictions".
Potentially he is not abiding by established rules of the association and if so, he can be called out on any violation.
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