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RasmiaT1 (Texas)
Posts: 11
Posted:
If the HOA have proof of owner violation when they have to notify the owner.
Can they sent the notification after 6 month with demand of payment or lien without proof.
why they refused to provide any evident if they do have proof.
Can they place a lien if they don't have proof.
If the president of HOA is involve in the dispute does she had the right to make any decision.
Can the owner place small claim against the HOA before they place a lien.
If they do place a lien what will be the next step.

Thanks
Rasmia
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Calm down a bit first. Putting a lot of carts before the horse here. From reading your other posts it sounds like your washer leaked onto your 2 neighbors below your unit. You did not see any damage in your unit but the one below was flooded and 1st floor one was slightly damaged. The repairs were made at some point shortly there after.

Now somewhere along the lines the bill had to be paid. Now where were these bills for repairs to go to? Did they not go to your insurance? Did they go to the HOA's insurance? If they went to the HOA's insurance, then yes it could have taken 6 months for this to all process through. Which means you could owe the HOA for damages they paid out. They can then indeed put a lien onto your property for payment.

Your demands of proof are met then what? Your neighbors you said did receive damages. So this all should be an insurance issue. So who doesn't have insurance in this chain of events? That seems to be more of the question here. If you don't then your on the hook for repairs. If you do, then the neighbors/HOA should go file a claim with them. You still have to pay the deductible.

The HOA are asking for what exactly to be paid? Their deductible or their damages they paid out? Need those details. Not the "Can I sue? or they lien". Need some facts.

Former HOA President
RasmiaT1 (Texas)
Posts: 11
Posted:
We are owner for 15 years the association does have the Master policy for 15 years. By reading the association By low. this is the duty of the association to make sure all policy is place at all time
and should be review every two years to make sure all policy in existing at all time. The Association never informed me the Master policy does not cover the inside of the unit. and they never enforce the policy .If the Master policy does not cover the inside the unit they should notify me and if I field then they have the power to perches the insurance and make me pay for it. as I never received any notes before the incident. . I think we do pay for the service they provide. they do have responsibility and duty to make sure all policies in place at all time.even if it's my responsibility I still have the right to ask for evident before any payment made. I think by low I am entitle to have all receipt made and all evident and the Adjuster report. I still have the right to have a meeting with the board.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So the HOA doesn't have a master policy in place? If they did, it still would not cover your inside damages. You still have to purchase insurance. If you don't then the HOA has the right to purchase it for you and send you the bill for it. Correct?

Did you not read your CC&R's or By-laws when you bought? This should have been covered. Do you have homeowner's insurance?

Former HOA President
BenA2 (Texas)
Posts: 1,273
Posted:
Yes, they do have to have evidence of a violation, they can't just make things up, however, evidence could be one person seeing the violation. Proof is something that really only applies if it gets to court.

Texas law is very specific about sending a violation notice before any enforcement action and there has to be certain information in the notice, such as a right to appeal. Unfortunately, the appeal can be to the board and there is no legal requirement for them to do anything but allow you to give your side. They don't have to weigh any evidence one way or the other.

If proper notice is not given, then a court would likely throw out any fines or liens. However, that would mean taking them to court and there is nothing preventing them from sending a proper notice later and then fining you. There is a statute of limitations for violations. I don't recall what it is but it's years, not months.

What procedures are followed for your HOA is going to be determined by your Covenants, Conditions, and Restrictions (CC&Rs) and bylaws. Usually, a board president has no authority on their own. Any decision has to be made by the whole board. In most cases, HOAs have an Architectural Control Committee (or something with similar name) that enforces violations.

If you are in an HOA or POA (not a condo association) the law governing your rights under notices and appeals is Section 209.006 and 209-007.

https://statutes.capitol.texas.gov/Docs/PR/pdf/PR.209.pdf
MarkW18
Posts: 1,290
Posted:
An master insurance policy would only cover what the association need coverage for based on their responsibility via the CCRs. There may or may not have language in the CCRs that cover damage within the units. I have seen CCRs that the owners had re-written that pretty covered everything that went wrong. They paid a pretty price for it and had a huge deductible to offset liability to the insurance company.

Unless there is language within the CCRs forcing an owner to buy additional insurance, the association cannot legally force insurance on you.
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By RasmiaT1 on 03/08/2020 5:38 PM
We are owner for 15 years the association does have the Master policy for 15 years. By reading the association By low. this is the duty of the association to make sure all policy is place at all time
and should be review every two years to make sure all policy in existing at all time. The Association never informed me the Master policy does not cover the inside of the unit. and they never enforce the policy .If the Master policy does not cover the inside the unit they should notify me and if I field then they have the power to perches the insurance and make me pay for it. as I never received any notes before the incident. . I think we do pay for the service they provide. they do have responsibility and duty to make sure all policies in place at all time.even if it's my responsibility I still have the right to ask for evident before any payment made. I think by low I am entitle to have all receipt made and all evident and the Adjuster report. I still have the right to have a meeting with the board.

It sounds like you are in a condo which means everything I said about notices and appeals do not apply. In Texas there is a totally different chapter of law that applies to condos. I'm sorry but I am not very familiar with Texas condo laws. One thing I am pretty sure of, if it's not in your CC&Rs, they cannot enforce it.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I think the issues is Ras suffered some insurable damage that she did not have insurance for. He/she is looking for the association to cover his/her costs. He/she is saying, well they never told me I needed my own insurance.

Our docs say the association CAN buy insurance and bill the owner if they do not purchase the insurance. Notice I said CAN, not MUST. If in our association, Ras loses.
RasmiaT1 (Texas)
Posts: 11
Posted:
My understanding the Bylaw is a contract between the Association and the owners. and both should be held accountable. the owners paid for the all the service they provide and they should be held responsible too. if they request from the owner to be responsible they should be responsible too. for 15 years they didn't review the policy and they never enforce the policy. I think it's very fair to request evident before any payment.the association should be able to work with the owner in very reasonable way and not make it very hard to solve the problem. I am requesting a hearing and they should give me the opportunity exercise my right instead of threatening me.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Is it a threat or notification you owe them money? Sending you notification that you owe money or they will lien is NOT a threat. It is also NOT harassment. It is NOTIFICATION that money is owed for a specific reason. If not paid, then they will take this legal action in the form of a lien.

So did they tell you that if you don't pay XXX NOW they going to break your legs? That is a threat. Sending a NOTIFICATION you owe XXX money due on X date or we will lien you is not.

Just because they did not have insurance doesn't get you off the hook for not having it. Yeah you BOTH were at fault for not having it. Doesn't mean money isn't owed or been paid out in damages.

Former HOA President
RasmiaT1 (Texas)
Posts: 11
Posted:
yes I think this is harassment. they are ignoring my request for a hearing, they are not providing any evident,s. I had the place for 15 years I never had any issue with the association.
if they want,s to resolve the issue then they should work with me.and not just pay me or I will place a lien, if this is not harassment. then I don,t what you can call it.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The court of law does not define this as harassment. It is called collecting debt that is owed. You are demanding proof are you not? Then they can callthat harrassment if applying same logic. What did they send you? Not giving enough details of the notification. We do not know what they are asking to be paid. Is it a special assessment? Their deductible? All of the claim damages? Do you not have your own insurance?

Former HOA President
RasmiaT1 (Texas)
Posts: 11
Posted:
If they are in fault then why they are not taking any responsibility. the law should be equal to both party. Harassment come in very different way. and this kind of behavior is harassment.by not doing there job that should be breach of contract. they have the power to enforce the policies and they field. if there a contract then both party should be treated equally.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is equal if none of you had insurance. Do you have insurance? What fault is it of theirsnif they do not cover inside of units? What is the fault?

Former HOA President
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Not enough information.

Certainly not harassment, imo.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
There isn't enough information on what the notification said. It makes sense to get a notice from the HOA to say "Hey we need you to pay XXX money or we will lien" due to this XXX event. That is legal and NOT harassment. It is considered NOTIFICATION. The "proof" at this point is irrelevant till we know what the money owed is in regards to. Is it their insurance deductible they paid out? Is it a special assessment expense for fixing plumbing issues or acquire insurance? What is it they are saying they owe money for?

Why is it the HOA's fault for them not having insurance because they did not enforce it? What if the HOA did acquire insurance now and the money they want is to cover that? That is not all that clear. Not sure why a HOA would not have had a Master Policy in place in the first place.

Just need more details overall. Having had an upstairs bathroom leak downstairs, I know it is possible for the upstairs NOT see any damages. I still have stains on my ceiling.

Former HOA President

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