CarolC15 (Texas)
Posts: 4
Posts: 4
Posted:
I have a question about when notices are not delivered, but are still logged in the HOA office.
Background:
Unbeknownst to me, in June my mother listed me as a resident though I was completing a graduate program. Residents are required to park in the driveway, and display the subdivision tag. I've been parking on the street for over a year with no problems. I initially parked there because there are three cars, a two car garage (that's full), and essentially a two car driveway. My mother parks in the garage, but occasionally comes home after myself and my step-father. So instead of playing musical cars, I park on the street until she returns. Also, my grandmother has health issues and when my mother leaves to check on her, it's easier to park on the street.
Issue:
I received a notice for parking on the street June 3, and June 5. I was parked in the driveway June 4. I continued parking in the driveway, but received a notice from the HOA citing excessive violations for not having a tag, and on the next violation there would be a $50 fine. In this letter were copies of NINE different violation notices that were never delivered. When I went to the HOA the "officers" said they couldn't trespass onto homeowner property to deliver the notices. By their admission, no other delivery media had been attempted at all. They sat and racked up the notices.
Question:
If a notice (which is designed to alert the recipient of the need for corrective action)is not delivered, how then can the resident be held legally responsible for the excessive accumulation of notices that were never given to the resident?
Background:
Unbeknownst to me, in June my mother listed me as a resident though I was completing a graduate program. Residents are required to park in the driveway, and display the subdivision tag. I've been parking on the street for over a year with no problems. I initially parked there because there are three cars, a two car garage (that's full), and essentially a two car driveway. My mother parks in the garage, but occasionally comes home after myself and my step-father. So instead of playing musical cars, I park on the street until she returns. Also, my grandmother has health issues and when my mother leaves to check on her, it's easier to park on the street.
Issue:
I received a notice for parking on the street June 3, and June 5. I was parked in the driveway June 4. I continued parking in the driveway, but received a notice from the HOA citing excessive violations for not having a tag, and on the next violation there would be a $50 fine. In this letter were copies of NINE different violation notices that were never delivered. When I went to the HOA the "officers" said they couldn't trespass onto homeowner property to deliver the notices. By their admission, no other delivery media had been attempted at all. They sat and racked up the notices.
Question:
If a notice (which is designed to alert the recipient of the need for corrective action)is not delivered, how then can the resident be held legally responsible for the excessive accumulation of notices that were never given to the resident?