Suit Filed by HOA Against Me

Simply bring your evidence it's not true to court. If it's not your car, then bring pictures of your car. Take pictures of where you park and then where they say you parked. Prove your case. Bring your paperwork they sent you. I'd also recommend buying a calendar for just this case showing dates/times/what happened on those dates. Put your ducks in a row.

BTW... They can't lien you for unpaid fines. So they are taking this to court. Which could bring a different kind of judgement to pay. However, I also recommend that you request the HOA pay for their own legal expenses. Which the court will have to decide who pays what. The court may make both parties responsible for their own expenses.

I would also make sure to read your rules. Where is it that these are considered violations? The dog thing should be an animal control but the HOA has to comply with those laws. If they could fine for them has to be in the fining schedule. Which everyone that is a member should have access to. Something else that needs to be produced in court.

Good luck.

Bill,

Being summoned to court is far better than you think. Your case will be heard by a real judge and not a bunch of idiot homeowners. The HOA will need to prove its case by a preponderance of the evidence and you will have the opportunity to cross examine whatever witnesses they bring in. The burden of proof is on the HOA. They will have to provide evidence that it was your car (or under your control). They will also have to disclose the identity of the complaining party.

If the fine is based solely on an anonymous telephone call to a hotline, the association will be hard-pressed to prove their case unless they sent someone out to take a photo or at least testify that they saw your car parked on the street. An anonymous telephone call to a hotline is hearsay and is inadmissible as evidence.

Even if the association or the management company photographed the offending vehicle, it will be their burden to prove that it is your car or that you had control of it.

You might want to consult with an attorney asap. You may have rights you are not aware of. In my state, lawyers are not permitted in small claims cases but the defendant (you, in this case) has the right to move the case to a court where you can be represented. In most states, attorney fees are paid by the losing party in disputes arising from a contract as yours does. Civil trials are usually subject to the rules of civil procedure and most of us are not familiar with them, being one more reason to consult an attorney. The rules of civil procedure usually provide some means of discovery before trial so that you know all the evidence that will be used against you, allowing you to prepare a defense.

BTW, if you received a summons it may have the phrase "appear and defend" somewhere on it. This may sound like you are supposed to appear for a trial but it is legalese for "file a written answer with the court." Usually no written answer may allow the plaintiff to seek judgment by default, which is not good for you.

Say, Bill, doesn't PA legislation have any requirements about procedures for levying fines? Does it include the HOA must have a published fine schedule? I think that NpS will know if he checks in.

Melissa has been told before that not all states are like AL when it comes to liening for fines, yet she persists. I'd actually like to see the (current) AL statute that says HOAs cannot lien for fines, Melissa. OK?

Foreclosure not likely here - not because HOA can't do it but because of expense. PA has 76 counties and each one has it's own system - so impossible to generalize. In my county, it would cost around $2k to initiate a foreclosure action - this is just for the foreclosure - it's in addition to the filing and legal fees. Definitely an action of last resort.

First off, wow this board is a wealth of knowledge, thanks to everyone for their quick responses.

When receiving the fines, it stated the color and make of the vehicle but with no plate number. We live in a small cul-de-sac with about 12 homes and two of our neighbors have almost identical silver nissans, one is an altima and two are maximas, all silver.

About a year ago the board changed their verification structure for fines to where a call is placed and then there is a person who is responsible for going and verifying there is a rule violation. I have a statement from this person who verifies the violation stating that since she has been patrolling our road that she has never noticed our cars to ever be in violation. I can't see how anyone wouldn't find it a little suspect that once checks and balances were implemented to verify violations that the constant notices against us magically stopped...

Also, when I went in front of the board, there was a home owner who presented before me claiming the exact same problem to where he was fined for parking in a non-approved spot but it wasn't his vehicle. The board even admitted that they have no way of verifying whose vehicle since they can't go to the boro and ask them to cross-reference license plates. I told them we live in a modern world, a cell phone pic, a license plate number, anything a little more concrete. And a single member on the board spoke up and stated, "You know and I know it was your car". I simply stated that I did not know that it was my car and how can you possibly feel that is enough evidence to fine me?

Thank you for your continued answers. Also, is it a real estate lawyer whom I should contact in regard to this situation?

A statement is nice but not for court. It would be considered hearsay.

Bring that individual to court with you if you want their knowledge of the issue used as evidence..

Unfortunately, an attorney is probably not worth the cost in this case as the fines are only (Only as in a lawyer would cost more than that)around $700 at this point. I need to review my documentation but the original fines for the parking were only $150 when I started contesting that they were not valid. There have been excessive $40 late fees shown on the bill even though nowhere in the bylaws does it state this would occur for not paying fines. The rules do state that there will be a $20 late fee if you don't pay your monthly assessment but that has never happened and is not the case in this situation.

Here is how many times the rules regarding parking have been changed in the past few years/months.

Revised and Effective Jan 1, 2011

Revised and Effective Jan 20, 2014

Revised and Effective Jul 1, 2014

Revised and Effective Apr 1, 2015

Most of the bylaws were written with the intent to stop people from causing inconsistencies regarding decor, painting structures, and items that are easily identifiable as a rule violation. But in these instances, how can they claim I am in the wrong when there is absolutely no physical evidence such as might be the case if you paint your shutters bring pink or replace your garage doors with barn doors. I agree to abide by the HOA bylaws but don't I have a right to due process with actual evidence?

Well first off we are one of the "few" states that does in fact allow lawyers in small claimsq court. I would never appear in any court without representation if this involved the HOA. Not sure how it works in Pa. But I would not be surprised the OP will be faced with a lawyer. Good luck if that is the case.

And it would seem just a bit premature to put this one in the win column for the OP. What evidence the HOA might have is unknown and perhaps the board member who stated we know it was your vehicle just might show up and state such in court.

I find the OP's wording interesting. "They have no proof." Does that mean it was not their car or he thinks they can't prove it? Sounds like the latter to me.

I find it interesting the HOA has gone this far based on a case the OP would believe they can not prove. Just maybe they do have proof.

We had a case where the court awarded fines, fees and late charges along with legal fees to our HOA over violations and fines. Certainly did not go the way the homeowner saw things.

Going to court representing yourself is foolish. Going to court without a clear and complete understanding of the documents, rules and regulations, and the law is foolish. Going to court representing yourself when the other side might have a lawyer is foolish.

Time will tell how this plays out in court versus opinions and conjecture.

As for my wording, you will see that I first stated that the vehicle was not ours. I'm not sure what evidence I can provide that I didn't do something, if that is even possible in this situation. Would I need to take a picture of where my car wasn't parked. My statement you are referencing was just my way of saying if I say I didn't and someone else said I did, is that really enough for me to be found in violation without any evidence?

I have a meeting to review my violations this Friday and will document all notices which I'm sure are plentiful.

$20 per month.

Not knowing the actual dates here is an example:

Assessment $100 per month.
Fine: $50 set July 1

Jul 1 Assessment Due $100 Balance $100
Jul 1 Charge, parking $ 50 Balance $ 50 Parking violation
Jul 15 Payment ($100) Balance $ 50 applied first to charges then assessments
Aug 01 Charge, late $ 20 Balance $ 70 late fee
Aug 01 Assessment Due $100 Balance $170
Aug 15 Payment ($100) Balance $ 70 applied first to charges then assessments
Sep 01 Charge, late $ 20 Balance $ 90 late fee
Sep 01 Assessment Due $100 Balance $190

BillB23 (Penn) : so the parked vehicles were not yours nor your guests' /other occupants' ? So the off leash dog wasn't yours or wasn't loose ?

The 'hearsay rules' of admissible evidence, bar some sort of claim or attribution (with exceptions) that doesn't show up in court to be tortured. What if there are other owners who show up and testify against you ? Would they have photos too ? Good luck with your outcome.

May I suggest going and watching some cases? If you can go to courthouse and watch then do. You can see what goes on and how to best represent.