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SanchitS (California)
Posts: 5
Posted:
HOA sent first letter on 2016/08/29 to not park the car with existing permit.
I had questions to the process of getting next permit as I just moved in 2016/08/01 and why to surrender current permit, he then involved an association's attorney to answer my questions, and give instructions to permit rules. ( I dont know why he did not answer these simple questions and involved an attorney here ).
I then tried to get in touch with attorney to answer my questions on parking permit and rules.
They did give advise, but inspite of me obeying what they are asking , the attorney re-stated the facts for no - reason, in multiple emails saying "you better do this and that".
Then I got a letter ( notice ) from attorney on 2016/10/12 for parking without a permit and
The board then scheduled the hearing in Oct month for which I did not get a notice. I got a letter then in November stating that you have missed the hearing date and hence the fine, now along with attorney charges ( of 2500 and fine of 500 for permit .
I wrote a letter to board requesting for a hearing and they set it up in February 2017. They mentioned that the mailing address was returned back to HOA somehow and then they asked me to submit my mailing address. ( To which I told them that it is same as where you sent me mails already. so, it was their typo in mails for which they started to charge me attorney fees and everything.)
I received another letter with fines and attorney fess in Feb 2017 for dish satellite - But I pulled off my emails from previous owner and wrote a letter to HOA that it was their responsibility to remove the dish before they leave.
The HOA then corrected their letter and said the fines of dish of $500 is a typo and the now they came up again with attorney charges naming as a "remaining bill" from 2016 incident. ( so now I have a charge of parking without permit of $500 ; attorney charge from 2016 of $2500 and then 2017 of about $3000 ).
I tried to reach the community manager once and he forwarded the email to attorney saying if and henceforth you talk to attorney you will get charged again for it. So I am not responding to them any further.

What might be a best next step ? - My biggest concern - I don't have money to hire a lawyer. I am not willing to pay about $5500 attorney fee charges. I have been following all rules after the very first incident happened on 2016/10/12.
This HOA does not held weekly meetings and have been on Board for more than 2 years.
LetA (Nevada)
Posts: 2,679
Posted:
First questions for you, are you in an HOA Condo, Town home or Single Family house or Apartment Complex?

Evertthing Except Apartment Complex You should contact your local realty board and ombudsman's office. The Community Manager should be answering those questions
not deflecting those to the associations attorney Legal Aid would be of help. You just might need an attorney, it sounds that there might be some hinky things that the previous owner had and was not disclosed to you at sale.
SanchitS (California)
Posts: 5
Posted:
Hello there, thank you so much for the response.

I tried to contact community manager and he is just forwarding my questions to attorney, the attorney then says if she talks to you, she will accumulate charges on me. So whom to talk then to ?

local realty board and ombudsman's office - Whom do you refer to in this ?
SanchitS (California)
Posts: 5
Posted:
Hello there, thank you so much for the response.

I tried to contact community manager and he is just forwarding my questions to attorney, the attorney then says if she talks to you, she will accumulate charges on me. So whom to talk then to ?

local realty board and ombudsman's office - Whom do you refer to in this ?
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By LetA on 08/22/2017 9:51 PM
First questions for you, are you in an HOA Condo, Town home or Single Family house or Apartment Complex?

Evertthing Except Apartment Complex You should contact your local realty board and ombudsman's office. The Community Manager should be answering those questions
not deflecting those to the associations attorney Legal Aid would be of help. You just might need an attorney, it sounds that there might be some hinky things that the previous owner had and was not disclosed to you at sale.

In California, there is no distinction between condos, townhouses, or single family homes as it pertains to HOA law. The person would also not be going to their local realty board or ombudsman (we don't have that here). The Board is the governing body, not the Community Manager. Yes, it is possible that the manager sent the mail to the wrong address, or the post office didn't deliver the mail when it should have (that has happened on a number of occasions).
SanchitS (California)
Posts: 5
Posted:
Hello RichardP13,

Can the HOA involve attorney even when owner responds to the HOA directly ? In my case, community manager involved attorney for any questions I have; and is charging attorney fees since last year ( Oct 2016 - and he said for the same event, the bill came again in Feb 2017 ).

I wrote multiple letters requesting why the attonery charges are imposed but they say that HOA can involve attorney whenever they want. In my case, they imposed fines on me after I couldnt attend first hearing. The reason I couldnt attend it was because mail went to another address due to HOA's mistake. Since Nov 2016, I have been writing letters to Board to describe this but they arent willing to understand this situation.

Thank you
Sanchit
SueW6 (Michigan)
Posts: 814
Posted:
Sounds like the board turned this over to the attorney to handle. Their perogative.

Take all your paperwork and your calendar of events to your own lawyer. Yes, you are going to have to do this. Sue for your lawyers fee.
SanchitS (California)
Posts: 5
Posted:
Hello SueW6,

Thank you for the suggestion to next step. I do not have enough money to afford a lawyer ( They will cost about 20K-50K ) to fight this case.
Do I have any cheaper options to fight this ?

Thank you
Sanchit
DouglasM6 (Arizona)
Posts: 724
Posted:
Quote:
Posted By SanchitS on 08/23/2017 2:53 PM
Hello SueW6,

Thank you for the suggestion to next step. I do not have enough money to afford a lawyer ( They will cost about 20K-50K ) to fight this case.
Do I have any cheaper options to fight this ?

Thank you
Sanchit

You're either going to pay your own lawyer, or their lawyer. It's your decision.

Most lawyers offer a free consultation, normally 30 minutes. Take everything you have, make a list of your questions, and go talk to a few of them.

If they had the wrong mailing address on file and you never received the first complaint, you may have a leg to stand on in court.

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