I need help about being $300 fine with portable basketball goal.

Hi,

I really need some advice about being $300 fine for having portable basketball goal on my driveway. What should I do? I have sent a letter to waive this fine but HOA did not agree on it.

Covenants:

x.xx Gardens, Play Equipment and Garden Pools.
No vegetable garden, hammock, statuary, play equipment (including, without limitation, basketball goals), or garden pool may be erected on any Lot without prior written approval in accordance with the provisions of Article 6 hereof.

Article 6:
A) Architectural Control Violations

A fine of $300 will be imposed if the violation involves a member's failure to submit a modification request.

Should I get an notice before being fine? Thank you

Typically no. Unless your HOA has a policy of issuing a warning before issuing a fine.

Well, how did you appeal the fine?

Was it with a letter or in person?
Was it to the Board or to the MC?
If it was the Board was it the whole board or just one person on the board?

You might once again request a meeting with the Board in person. Explain that the fine was the first letter you had received about the issue and you promptly took the goal down upon receipt of that letter. Explain that you understand you had made a mistake and learned from it. Explain how had a simple warning been issued the issue would have been resolved. Then ask again if the fine can be waived.

Q: how did you appeal the fine?
A: I sent an email to the board which all of 3 board members would receive it.

Q: Was it with a letter or in person?
A: via email

Q: Was it to the Board or to the MC?
A: I sent email to the whole board.

Q: If it was the Board was it the whole board or just one person on the board?
A: I got an email from the director of board member. (there are only 3 broad members)

Q: You might once again request a meeting with the Board in person. Explain that the fine was the first letter you had received about the issue and you promptly took the goal down upon receipt of that letter. Explain that you understand you had made a mistake and learned from it. Explain how had a simple warning been issued the issue would have been resolved. Then ask again if the fine can be waived.
A: I will try it again. I spoke to one of my neighbor and he violated similarly however he got the warning letter.

PS: My board members are supposed to be elected each year at the annual meeting. However there is no annual meeting almost two years. These board members are the same persons for long time. Form this issue I learned, it makes me feel like I need to do something.

Thank you

Sounds to me like your HOA is out to make a buck. Like Kelly said your restrictions seem to refer to a permanent structure. Really rude !!!!!

It sounds as if the board is using a strict interpretation of the documents. The covenants are somewhat vague. While your hoop may fit into some interpretations, it is not a permanent modification and is equivalent to a child leaving a bicycle in the driveway. The covenants seem to imply permanent changes to the property (like ground-installed hoops, immobile swing sets, planters, etc.). What's next? Considering your parked car an improvement and fining you?

Can they fine you? Yes. The documents seem pretty straightforward.

Can you challenge it? Yes.

If you really wanted to fight this you could spend more time or money getting the board to realize they are overstepping.

If you want, try getting an attorney to shoot off a letter saying they took it too far and are trying to enforce a rule that does not apply to this situation. That may stop them. I had done something similar. My covenants said no walls or fences. I put up a small lattice of only a couple feet for plant growth. They threatened legal action and I responded. They have since stopped.

Thank you for your response. If I would like to start legal action, should I pay for $300 first of just ignore it. I wonder how much it would be for lawyer fee for this matter, I never have any experience with this kind of things. I got a notice letter on April 16, 2013 and it is required me to pay within 15 days from the notice date. If I want to request a hearing regarding this fine, I need to send a written letter via certified mail to the board member. What should I do? Is any chance I will win the case? Or I should just pay the fee for this unreasonable HOA.

Those on this forum can't make that decision for you.

With every decision there are both intended and unintended consequences associated with the decision. Those on this forum can only provide you information to help you make a more informed decision.

Since I don't have to live with any of the consequences associated with the decision, I should not be the one making your decision. Perhaps I am in a better financial situation than you are so I can afford a legal battle. Perhaps I am in a worse financial situation than you and couldn't even afford to pay the $300 fine.

You are the one that knows your situation. You are the one who must deal with any intended or unintended consequences of the decision chosen. Therefore, you are the one who must make the decision.

Pay the fine and remove the goal. Suing your HOA is suing yourself and your neighbors. A court can only make you whole. So to have a suit you had to suffer damages anyways. Which would be paying the fine. So is it worth paying a lawyer on top of the fine with maybe only get the fine money back? Lesson learned.