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CarolC15 (Texas)
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?
GenoS (Florida)
Posts: 4,276
Posted:
CarolC15, sadly that sounds all too typical of some property managers. What do the HOA governing documents say, if anything, about violations and notices? Usually HOA personnel and their agents - such as the PM - are given explicit permission to enter upon the lot, if for nothing else than to knock on the door and hand a piece of paper to whoever answers.
GenoS (Florida)
Posts: 4,276
Posted:
... in other words the "we can't trespass" excuse sounds like a bunch of baloney.
JerryD5 (Colorado)
Posts: 218
Posted:
We mail ours. If we fine or schedule a hearing, we send notification via certified mail with signature required. So we know they received the notice.
FredS7 (Arizona)
Posts: 927
Posted:
The purpose of violation notices is to have the rules observed, not to build a case for fines.

At minimum, violation notices should have been mailed to the registered owner's address.

If this was really not done, you have a legitimate beef with management, or the officers if no management exists. A complaint at the next board meeting and perhaps an attempt to elect a different board are in order.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The notice is to be mailed to the address in the HOA. If the owner lives somewhere else, they can be sent and additional "courtesy notice". Many HOA's rules dictate communication must be done via certified mail. That is typically for notifications for liens or intent to foreclose on the lien.

I agree this no allowed to trespass or whatever is a bunch of hogwash. What they can not do? Put something in a mailbox without a stamp on it. That's illegal on a federal level. Can be reported to the postal inspectors of your area. If you want to be aggressive about it.

I do have a few things to say about HOA's fining. First off, the HOA has to be able to fine. Which most are allowed to do this. 2nd if they are allowed to fine, then they must DEFINE what they can fine for. That is done in a FINING SCHEDULE. Which each member is to be aware of. The board can't just randomly fine someone for something because they do not like it. That violation has to fit into the definition of what they can fine for and how much. There are cash limits and varies for each state what they allow.

Another side note... Fines can NOT be the basis for liens or foreclosures. However, there are some HOA's where there a method this is perfectly legal. I don't agree with the method as our HOA never issued fines. The method does involve applying the amount they fined for from the dues you pay. That way it looks like you have not paid your dues. Which unpaid dues are what they can lien/foreclose for. So having your dues money applied to fines owed does make one eligible for liens including possible lawsuits...

So I would have your parents who are members bring up the subject at the next meeting on how violations are given out and why no copy? They were never given proper warnings or notifications. Which could have been done by email or mail. Something seems odd with this which makes me believe the management company is involved and not your HOA doing the fining...

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Carol,

Bring the issue to the Board directly (not the management company).
Explain the issue you identified here (that you were added as a resident without your knowledge and in fact, are not a resident).

Explain the issue that this issue would not be to the point of the Association threatening fines if the Association actually informed the member/resident about the violations (either by mail, placing it on the vehicle, posting it to the door of the residence or via e-mail).

Be polite and non-confrontational (as that will simply place the Board on the defensive).

Hope this helps,

Tim
KerryL1 (California)
Posts: 14,550
Posted:
Unless non-owners are allowed to attend board meetings in your HOA, Carol, your mother will need to on contest these sloppy methods and the fines at a meeting. She is the "member" of the HOA.

As a grad student, you probably do a lot of reading. You can help your mother by reading through her HOA's governing documents to see how notices of violations must be delivered to violating owners. You can help her learn the proper procedure for fines, etc. You also can help her write a nice letter to the Board explaining that she didn't receive these notices.

Meantime, if you are indeed living with your mother all or most of the time, you should be registered with your HOA. Ours, for instance, defines anyone staying in a condo unit here for two weeks as a "resident," whom the Owner must register. And based on what you wrote, you should park in the driveway.
CarolC15 (Texas)
Posts: 4
Posted:
Thanks so much everyone for responding! Your input was invaluable, and validating, and empowering. I will definitely try to write a polite letter (this is not a strength for me), and follow the other recommendations including obtaining a copy of HOA standard procedures regarding violation notice delivery, and agent restrictions. Thanks bunches everyone!! Have a great day!! :-)
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Carol

You are not being fined. At the worst you have been notified that other violation notices were served. Make nice and inform them no one ever received earlier notices, you will correct the error of your ways, and for future reference you would also like to know how those notices were sent.

Back to square one and that is they have parking regulations and you have to understand them and abide by them. It was not clear that as a guest you could park overnight on the street but not as a residence. Please clarify.

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