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Corrupt HOA

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bugiis

Junior Member
What is the name of your state (only U.S. law)? California
Escrow closed on my condo 2-9-15
Email from my realtor 3-16-15 containing 2 attachments, letter to me from HOA dated 2-4-15 (never rec'd)
Letter to new owners from HOA dated 3-11-15 - new owners realtor contact my realtor with this info.
HOA implemented an inspection rule prior to escrow close for violations with no prior notice to homeowner and will not release any docs to escrow company without inspection. Construction inspector indicated no issues. Now HOA trying to collect a fee of $850 because patio fence in their opinion is in violation. Originally purchased condo in '01 Built patio fence in '02 with architectural approval from the board. I was no longer owner, escrow went through so now HOA will be charging $850 to new owners association dues account. Is this legal?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? California
Escrow closed on my condo 2-9-15
Email from my realtor 3-16-15 containing 2 attachments, letter to me from HOA dated 2-4-15 (never rec'd)
Letter to new owners from HOA dated 3-11-15 - new owners realtor contact my realtor with this info.
HOA implemented an inspection rule prior to escrow close for violations with no prior notice to homeowner and will not release any docs to escrow company without inspection. Construction inspector indicated no issues. Now HOA trying to collect a fee of $850 because patio fence in their opinion is in violation. Originally purchased condo in '01 Built patio fence in '02 with architectural approval from the board. I was no longer owner, escrow went through so now HOA will be charging $850 to new owners association dues account. Is this legal?
I don't know if it is legal.

Do your HOA documents address a requirement for pre-sale inspections and is the $850 to cover the cost of the inspection? Or is the $850 to cover what the HOA says is a violation? Do you have proof of the '02 HOA Board approval for the fence, if that is the issue?

Most importantly, what does your realtor or the new owners' realtor say about it all?
 

bugiis

Junior Member
I don't know if it is legal.

Do your HOA documents address a requirement for pre-sale inspections and is the $850 to cover the cost of the inspection? Or is the $850 to cover what the HOA says is a violation? Do you have proof of the '02 HOA Board approval for the fence, if that is the issue?

Most importantly, what does your realtor or the new owners' realtor say about it all?
No requirements in written form. This is something new implemented by the current board president. The $850 is the cost to have the patio fence removed by the HOA's construction team who also happens to be the inspector and the HOA President's best friend. I do have the approval and have submitted it to the new owners through my realtor. I am awaiting the results. It is obvious that the HOA and the management company somehow let this slip through the cracks as typically this was a tactic designed to hold sellers as hostage in the escrow process. Once they realized that I was no longer the homeowner and their attempt to contact me was unsuccessful they decided to collect $'s from the new owners who, by the way, are very unhappy about this. This may resolve after they receive the approval form however.....I would like to know:
1. Is this legal? The patio fence was built 12 years ago...in that time I NEVER rec'd any type of notification of any violation from the HOA...but, hypothetically, if there was no approval...isn't there a statute of limitations?
2. Would the new owners be responsible for the debt if I had not found a 12 year old approval in my old files, which by the way I was just planning on disposing?
Since this issue I have learned that this surprising tactic has occurred to other community sellers and they were held hostage at escrow and were forced to pay the piper. One example is a gentleman who purchased his condo with an extended patio in place and 2 years later when he sold they nabbed him. Of course he had no approval form from the previous owner.
All of these patio fences were approved by a past board president over 10+ years ago. That individual left the community shortly after my approval and a new president was elected. If a new board implements a new rule without any type of notification to the homeowners or any written CCR's indicating this procedure "WE WILL NAB YOU IN ESCROW WHEN YOU SELL, HOLD YOU HOSTAGE BECAUSE CHANCES OF YOU HAVING AN APPROVAL FORM DATED 12 YEARS BACK IS SLIM" appears to be pretty shady. And if it is within the rights of the HOA to just announce at the last stage of the sale, and the HOA decides, for whatever reason, that your patio fence is in violation, shouldn't the patio fences be grandfathered in?
I find this very disturbing and wonder who mandates the board? That community is 80% rentals. Getting a quorum to vote this new president out is next to impossible. He is a tyrant and is taking advantage of the owners.
What recourse do we have?
 

quincy

Senior Member
No requirements in written form. ... I do have the approval and have submitted it to the new owners through my realtor. I am awaiting the results. ...
First, thank you for not having your HOA issue be about porch trellises.

Second, I would continue to await the results. You should work with the realtors and, if the HOA does not remove the $850 charge, consult with an attorney in your area to go over all facts.

Good luck.
 

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