What is the name of your state (only U.S. law)? Calif
My brother and I own a townhouse in San Diego County, CA. The house is leased. Six months after a previous tenant moved out, the HOA notified us that there was damage to the rain gutters over the garage and that it was caused by our tenants. The HOA came to this conclusion because one of the board members says he saw a Uhaul truck parked in front of the unit, then another individual sometime subsequent to the move out noticed the damage. The HOA has assesed us $200 for repairs. We appealed to the board, but they did not relent.
Our tenants categorically deny damaging the gutter, and admit they had a uhaul, but it was parked parallel on the street and not backed into the driveway (the driveway is about 6 feet long). My wife has observed landscapers' trucks using this small driveway to turn around. no one saw the damage occur, nor is there anything more than a general time association.
We are refusing to pay this, and the HOA has started adding interest as well as charging $25/month "letter fee" for sending a separate notification that our account is overdue.
Since this is a townhouse, the exterior is community property and community responsibility. We would only be responsible if the damage was caused by us (or our tenants).
What are our recourse's? I do not think we can take them to court, since we have not suffered any damage yet. Can we acknowledge the fact that we have not paid the assessment and tell them to stop sending the $25 letter? (is that legal anyway?). Can we definitively tell them we are not paying, to either take action now against us or remove the charges?
Any help as to what direction we can take would be appreciated.
My brother and I own a townhouse in San Diego County, CA. The house is leased. Six months after a previous tenant moved out, the HOA notified us that there was damage to the rain gutters over the garage and that it was caused by our tenants. The HOA came to this conclusion because one of the board members says he saw a Uhaul truck parked in front of the unit, then another individual sometime subsequent to the move out noticed the damage. The HOA has assesed us $200 for repairs. We appealed to the board, but they did not relent.
Our tenants categorically deny damaging the gutter, and admit they had a uhaul, but it was parked parallel on the street and not backed into the driveway (the driveway is about 6 feet long). My wife has observed landscapers' trucks using this small driveway to turn around. no one saw the damage occur, nor is there anything more than a general time association.
We are refusing to pay this, and the HOA has started adding interest as well as charging $25/month "letter fee" for sending a separate notification that our account is overdue.
Since this is a townhouse, the exterior is community property and community responsibility. We would only be responsible if the damage was caused by us (or our tenants).
What are our recourse's? I do not think we can take them to court, since we have not suffered any damage yet. Can we acknowledge the fact that we have not paid the assessment and tell them to stop sending the $25 letter? (is that legal anyway?). Can we definitively tell them we are not paying, to either take action now against us or remove the charges?
Any help as to what direction we can take would be appreciated.