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False allegations

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W1LDC4T

Junior Member
What is the name of your state? Pennsylvania

I just received a letter from the Condo Association accusing me of non-compliance with association rules and regulations because there is a stone walkway on common property from my patio to the sidewalk. The letter further states that I am to correct this violation within 7 days or face a monetary fine. I also have the option of requesting a hearing, which I think is ludicrous because I didn't do it and they have no proof that I did.

I just recently purchased this property in June 2005 and the stone walkway was already installed at that time. I have no idea how long it has been there or who actually put it there, and neither do they, for that matter.

I haven't contacted the Board yet. I'm still in shock and I don't know how to respond.

Can they hold me responsible for this? Do I need a lawyer?
 


BelizeBreeze

Senior Member
Write them a certified (RRR) letter demanding a hearing and any proof they have that you indeed, constructed such walkway in violation of the bylaws.

Then contact the former owners or real estate agent to sign an affidavit as to the existence of the walkway before purchase.
 

HomeGuru

Senior Member
BelizeBreeze said:
Write them a certified (RRR) letter demanding a hearing and any proof they have that you indeed, constructed such walkway in violation of the bylaws.

Then contact the former owners or real estate agent to sign an affidavit as to the existence of the walkway before purchase.

**A: if the violation occurred, it really does not matter who was responsible for the construction. The current owner is liable.
 

W1LDC4T

Junior Member
The letter clearly states, and in bold type I might add: "The Board has been informed that you are currently in violation of the Rules and Regulations. Specifically, installing paving stones as a walkway from your patio to the sidewalk. This is considered common ground and not permitted."

However, I did not "install" anything. The stones are on common ground and not on my property. They abut my patio. They aren't attached to anything but the ground. And did I mention? I didn't put them there.
 

BelizeBreeze

Senior Member
W1LDC4T said:
The letter clearly states, and in bold type I might add: "The Board has been informed that you are currently in violation of the Rules and Regulations. Specifically, installing paving stones as a walkway from your patio to the sidewalk. This is considered common ground and not permitted."

However, I did not "install" anything. The stones are on common ground and not on my property. They abut my patio. They aren't attached to anything but the ground. And did I mention? I didn't put them there.
Well, based on HG's answer you can ask for a hearing and on the basis of you not "Installing" the stones, maybe have the letter rescinded.

of course, they will issue another one with the word "Install" replaced with "having"....
 

Caslon

Junior Member
State your case to the board.

I got a letter 2 months after I bought my condo that there were too many For Sale signs in the windows.

Your case is interesting..technically. Sellers often take out insurance for just such matters. It covers an issue like this. In other words...the labor and cost to bring unit back to specs would be covered in his "sellers insurance"
policy.

When I sell my condo, I plan on taking out such insurance. It costs little.

You may find the HOA unsympathetic. This is an interesting case tho.
Actually ( in my case) my mortgage company/lender takes care of these details as part of the sizable fee I pay them. They research any possible liablilites. Also, the listing agent may be responsible. They are supposed to do their homework to make sure the property you buy from them is totally within standards. RealEstate brokers pay good money to cover their ass...part of their overhead.
 
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asylum23

Member
Isn't that a common area? If it is not inside your walls I would think that it is a common area and therefore you probably are not responsible for it. At our complex anything outside our walls, including balcony or staircases, are the responsibility of the Board being common areas or limited common areas.
 

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