Hearing Invite

I receieved a letter from my HOA.

Stating that I drove over the sealcoat before it was completely dry. I have to attend the hearing. They said I am invited to this hearing and may produce any statement, evidence or witness on my behalf. I am hereby advised that the board of Directors may consider the imposition of the following sanctions:
1. A fine for the cost of repair work in accordance with the Violation Process and Fine Policy and /or
2. Legal action if required, cost for which will be charged against your account as Special Assesment.

The HOA did a sealcoat asphalt of the street on the complex. They claimed that we drove over it when it wasnt dry yet. The only thing I can think of was the day they were going to do the job my husband's car was park on the driveway and had to leave and drop of my babies at the babysitter. They had not started doing the sealcoating. How can I argue and win this case? when we returned after they finished the people they hired didnt even do a good job. how much will it cost for them to charge us. where thy claimed that we drove over is at a dead end street on my property. it's probably less than 100 ft. Pls give me some feedback on what I should do? i dont have the money to pay for it as I am always short of cash. also I feel that the HOA is just trying to get some money. plus people just drive over it and why does it matter?

Sam,

How were you supposed to know when you could and could not drive on the street? Was there notice before they started and barricades/signs/cones to advise you that you could not drive on it? Why did someone just stand there and watch you drive on the sealcoat instead of asking you not to?

Did the contractor have a security guard or police officer to direct traffic? If not, why not? If so, where was he when you supposedly drove over the sealcoat?

Is there anything in your CC&R's that allows the association to deny you access to the common-area streets?

when my husband left to drop of the babies he says they haven't started the job but then he is not sure. what happenes if we get fine? how mich do u think i would habe to pay?

The way I read your statement is that you did not drive on the fresh sealcoat. I would challenge the person who says you did.

lets say we did, will it be alot of money that we have to pay? yes i will challege whoever said it? how should I prepare for this hearing? they said bring evidence, witness etc? how should I start preparing for this?

thank you so much for a quick response. am stress over this as am on a loan modification for my condo.

how to prepare:

write down, to the best of your recollection, the events on that date and time.

Husband left driveway at approximately 7:35
Husband saw sealcoat company. Husband chatted with Foreman? (guy in white shirt, red ball cap) who stated that job was "just starting".
Husband drove out of HOA.

Car returned at approximately 1:12 pm. Parked outside area, on Elm street, per security guard direction at barricade (Bob?). Walked into home with groceries.

At 8:45 pm, retrieved car and parked in driveway.

Then, when you know where and when your vehicle was out and about, attend the hearing.

Ask "when did the actual sealcoat start application?" "who saw our vehicle drive over it? What time? What was the make and model of the vehicle so observed. Did they get a license plate? A picture? who was driving it? "

thank you everyone! This hearing thing is all about the money! so what right? people just drive on it and plus it was down perfectly.

Hi Everyone! ok I went and took a picture of the tire tracks and it looks that each driveway has it's own tire track! it's absurd that they are blaming us for this when clearly on each drively the tire tracks clearly goes to each driveway!

If, in fact, you did drive over the sealcoat and damage it, it is possible that the property damage provisions of your auto insurance policy (asuming you have such coverage) may cover the cost of any repair, up to the property damage limit of your policy, and subject to any deductible in your policy. Check with your agent to see what coverage you have.

But, you still ask your insurance agent the question.

If your auto policy has property damage coverage and you skid off the road and into a fence, the insurance pays for the fence. Property damage coverage, if you have it (I do), pays for damage to someone else's property (including the HOA's) caused by your automobile while you are operating it. The property doesn't have to be another motor vehicle.

It never hurts to ask.

Yes, you should give them hard copies as well. It may cost some money or ink to print them, but hard copies can be attached to the minutes as part of the record.

Sam,

After reading this thread I am of the opinion that your board is going after the wrong parties.

It sounds like the contractor showed up with barricades and a security guard to keep cars off the street while the seal coating was in progress but when they were done they packed up their stuff and left. How were homeowners supposed to know that the sealcoat had to dry and when the drying was complete? Was there any notice given to homeowners that there would be a period of time when they could not drive on the street or any signs or barriers to give notice?

At this point it sounds to me like the contractor dropped the ball by removing his equipment and personnel before the sealcoat was dry.

Among other things I would ask for at the hearing is an expert to testify that the sealcoat was, in fact, damaged. I doubt that anyone on your board is qualified to make that judgment. I would also want to call the contractor to testify as to whether there was damage. Once you make it clear to the contractor that he may have neglected to protect the sealcoat, I am sure he will find no damage as he does not want to come back and do the job over.

Larry,

You are right but of course the HOA probably thinks it's easier to blame as. as a matter of fact I walked around a couple of streets on the complex and I see alot of tire tracks. How should I mention about this on the meeting? or how should I present and mention this?

Thank you all for your advice. I really appreciate it.