HOA Denying due process after giving fines

Started by JeffD10 • 6 replies • 906 views

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JeffD10 (Pennsylvania)
Posts: 3

Posted:

Hello. I live in an HOA community in Pittsburgh and I recently received a fine and my HOA denied my appeal. I believe this is against the law. Can someone help to shed light on this while providing a link to the law where they are violating. Thank you.

SheliaH (Indiana)
Posts: 6,964

Posted:

Why would you think this is against the law? You filed an appeal - are you saying they refused to hear it altogether or did you make your argument and lost? If it's the former, you may want to check the appeals police to ensure you did everything on your end, such as file within the appropriate time and in the right way (e.g. in writing). If you did and they refused to hear you out, you may want to ask for a better explanation.

However, if you made your appeal and lost, so it would appear your argument wasn't strong enough. Check if there's another level to the appeals process - if not, you may want to ask a private attorney (which is what you should do for answers to legal questions anyway) to see what your options are.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KerryL1 (California)
Posts: 14,550

Posted:

What do your governing documents say about fines and appeals, Jeff? They're different in all HOAs so we can't guess at what yours say. In addition, PA law may give you answers.

JeffD10 (Pennsylvania)
Posts: 3

Posted:

They just flat out denied the appeal and gave no reason other than referencing the reason for the fine in the first place. I have been referencing PA law and it also states on their paperwork that you can appeal a fine.

It's obviously a failure to abide by their own rules AND a violation of my right to be heard. I am pretty sure I am in the right but I was hoping there was an easier black and white answer.

Thank you.

JeffD10 (Pennsylvania)
Posts: 3

Posted:

Quote:

Posted By SheliaH on 03/07/2018 10:23 AM
Why would you think this is against the law? You filed an appeal - are you saying they refused to hear it altogether or did you make your argument and lost? If it's the former, you may want to check the appeals police to ensure you did everything on your end, such as file within the appropriate time and in the right way (e.g. in writing). If you did and they refused to hear you out, you may want to ask for a better explanation.

However, if you made your appeal and lost, so it would appear your argument wasn't strong enough. Check if there's another level to the appeals process - if not, you may want to ask a private attorney (which is what you should do for answers to legal questions anyway) to see what your options are.

I was never given the ability to have my appeal heard. That's what I'm saying. So they are just slapping fines out and giving homeowners no recourse other than to sue them in real court.

AugustinD
Posts: 5,144

Posted:

-- Nationwide the courts want to see HOAs following their own governing documents. Can you outline what exactly your HOA's governing documents say about appeals?

-- The higher the stakes, the more "due process" required. How much was the fine for?

-- Can you give an overview of what they fined you for?

-- Can you give an overview of your defense?

SheliaH (Indiana)
Posts: 6,964

Posted:

I see you haven't said what you were fined for - why not? In my experience there are rarely black and white answers to anything in HOA-ville (or life in general). Most things are in various shades of gray, and I get the feeling the reason for your fine would turn your argument on its head. For example, if you were notified multiple times about a violation and failed to respond or file an appeal, you may have forfeited your ability to get the fine reversed. Go back to your documents and see what it says about rules enforcement and appeals - and read the entire section, if necessary.

By the way, how do you know the board is simply fining people and leaving no recourse except court? If they're doing this to lots of people, all you and your neighbors need to do is rally together, do a recall according to your documents and vote in people who will follow the covenants. It takes longer, but the results tend to be more long lasting.

As for Pennsylvania law, it may very well say that, but context is important - does this apply to all HOAs or HOAs established after a certain date? There may be other language that stipulates what type of things can be appealed. That can also make a difference.

That said, if you want to know the legalities of anything, it's best to contact a private attorney because most people here aren't lawyers. The attorney may be able to help you in appealing to the board to grant you a hearing. Or you can go to small claims court and duke it out there and let the judge decide.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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