• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

HOA problem

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

KHLFEADV

Junior Member
I live in Florida.
I wasn't home to receive a certified letter from the Lawyer who represent my HOA last Thursday(3/21). So a orange postcard was left in my mailbox by USPS. I got home from work around 6:30-7:00pm and saw the postcard notice. It was dated 3/20 and it was saying that if the letter is not pickup by 3/27. Then it will be sent back to the sender. So early morning at 8:30-8:40AM on Friday(3/22), I was at the post office to pickup my letter. I gave the person the orange postcard and she gave me the letter.
I went to the car and opened up the letter. The letter was dated back to (2/19), a month earlier. It said in there that I violated the following things: Trash Can visible, Sod problems, Trim palm tree and Pressure Wash driveway. It also said, I need to attend hearing or call to setup appointment before 3/13. And of course I need to fix these problems. Or else I will get charge $50 per day.
I was freaking out when I saw the $50 per day. So I called the phone number on the letter from the law firm. He said, it was a month ago. I supposed to get charge $1500. He said he will put his neck down to talk to the Board of Directors (HOA) to reduce my fee. All I need to pay is $173 and fix my problem within 1 month. I asked him how come I never receive any warning letters from the HOA. He said I had, 3 times. I know for sure I never receive anything.
Ok so here are my questions and points.
I bought this house about 8 months ago. I removed in to live 2 months after I bought it. So I have been living in the house for less than 6 months. I have been to the HOA monthly meeting twice to ask them for permission to paint my house, trim palm tree, replant my flower bed. The most recent time that I was in the HOA meeting was almost 2 months ago. And they said they have been sending me letters since November. How come they never said anything to me when I was there, in the meeting.
I asked them about everything that I want to do to the outside of my house, and why wouldn't I not fixing my violation if I received my 3 warnings prior to this letter from the lawyer.
The lawyer said I received the letter back in February when he first sent out the letter. However, base on the tracking number on the letter. I didn't receive the letter until 3/22, which after the date of 3/13 for the hearing. So he said I had passed my date of 3/13 for my right to appeal.
The lawyer even said he will put his neck on the line for me to talk with the Board of Directors (HOA) to reduce my fee from $1500 to $173. And he will send me an email to confirm the new fee ($173). Then all I need to do is to reply to his email and accept the charge.
After talking to him, 2-3 hours later, he sent email back saying all I have to do is pay $173.
I didn't reply back to his email yet. So I decided to call the President of the Board of Directors to speak to him directly. He said email him about this. He will take care of this problem.
So after two days, the Board of Director didn't email me back but the lawyer email me back saying he will charge me $173. It was his fee of speaking with me for 1/2hr of $97.50. And some more fee that is why the charge is $173.
It was sounded like he is put his neck down to charge me even though the Board of Director told me he will take care of the fee.
HOA said they sent me 3 letters. However, I never received anything.
My question is, can I do anything about this? They kept telling me I received the letters and never fix my problem. So they are charging me. Is that mean they can do what they want?
One other thing I want to add. The letter said my trash can is visible from the front of the house. I placed my trashcan on the side of the house. I spoke with 2 of my neighbors. One of them put it in front of their garage and one on the side as well. They said they been doing this for years and never received a warning letter. The second violation was about the drive way is need to pressure wash. I did this a few months ago when I hired a person to paint me house. He pressure wash the wall and also the drive way. I look and see my drive way is way better then almost everyone around. But the 2 homeowners above their driveway is dirtier than mine and they never received any complaint or warning.

Please give me some advice.

Thanks,
KLE
 


HomeGuru

Senior Member
I live in Florida.
I wasn't home to receive a certified letter from the Lawyer who represent my HOA last Thursday(3/21). So a orange postcard was left in my mailbox by USPS. I got home from work around 6:30-7:00pm and saw the postcard notice. It was dated 3/20 and it was saying that if the letter is not pickup by 3/27. Then it will be sent back to the sender. So early morning at 8:30-8:40AM on Friday(3/22), I was at the post office to pickup my letter. I gave the person the orange postcard and she gave me the letter.
I went to the car and opened up the letter. The letter was dated back to (2/19), a month earlier. It said in there that I violated the following things: Trash Can visible, Sod problems, Trim palm tree and Pressure Wash driveway. It also said, I need to attend hearing or call to setup appointment before 3/13. And of course I need to fix these problems. Or else I will get charge $50 per day.
I was freaking out when I saw the $50 per day. So I called the phone number on the letter from the law firm. He said, it was a month ago. I supposed to get charge $1500. He said he will put his neck down to talk to the Board of Directors (HOA) to reduce my fee. All I need to pay is $173 and fix my problem within 1 month. I asked him how come I never receive any warning letters from the HOA. He said I had, 3 times. I know for sure I never receive anything.
Ok so here are my questions and points.
I bought this house about 8 months ago. I removed in to live 2 months after I bought it. So I have been living in the house for less than 6 months. I have been to the HOA monthly meeting twice to ask them for permission to paint my house, trim palm tree, replant my flower bed. The most recent time that I was in the HOA meeting was almost 2 months ago. And they said they have been sending me letters since November. How come they never said anything to me when I was there, in the meeting.
I asked them about everything that I want to do to the outside of my house, and why wouldn't I not fixing my violation if I received my 3 warnings prior to this letter from the lawyer.
The lawyer said I received the letter back in February when he first sent out the letter. However, base on the tracking number on the letter. I didn't receive the letter until 3/22, which after the date of 3/13 for the hearing. So he said I had passed my date of 3/13 for my right to appeal.
The lawyer even said he will put his neck on the line for me to talk with the Board of Directors (HOA) to reduce my fee from $1500 to $173. And he will send me an email to confirm the new fee ($173). Then all I need to do is to reply to his email and accept the charge.
After talking to him, 2-3 hours later, he sent email back saying all I have to do is pay $173.
I didn't reply back to his email yet. So I decided to call the President of the Board of Directors to speak to him directly. He said email him about this. He will take care of this problem.
So after two days, the Board of Director didn't email me back but the lawyer email me back saying he will charge me $173. It was his fee of speaking with me for 1/2hr of $97.50. And some more fee that is why the charge is $173.
It was sounded like he is put his neck down to charge me even though the Board of Director told me he will take care of the fee.
HOA said they sent me 3 letters. However, I never received anything.
My question is, can I do anything about this? They kept telling me I received the letters and never fix my problem. So they are charging me. Is that mean they can do what they want?
One other thing I want to add. The letter said my trash can is visible from the front of the house. I placed my trashcan on the side of the house. I spoke with 2 of my neighbors. One of them put it in front of their garage and one on the side as well. They said they been doing this for years and never received a warning letter. The second violation was about the drive way is need to pressure wash. I did this a few months ago when I hired a person to paint me house. He pressure wash the wall and also the drive way. I look and see my drive way is way better then almost everyone around. But the 2 homeowners above their driveway is dirtier than mine and they never received any complaint or warning.

Please give me some advice.

Thanks,
KLE
**A: pay the fee and dispute it after.
 

FarmerJ

Senior Member
You might consider running for the board to make sure this kind of crap does not happen to others re the lack of notices or proofs of notices being sent and including the time lapses re the meeting and the actual date of notice you got. Id say your hoa is not playing fair they could have done a much better job re paper trail for them self and running for the board and getting on it you are free to make sure they clean up their act since ALL in the HOA will pay for its sloppy acts.
 

KHLFEADV

Junior Member
Running for the Board is a good idea although in some cases owners run from the Board.
Thank you for all the advices. I spoke with the President Board. He seem to team up with the lawyer, the HOA management company. And he said "it is the HOA right to fine people, not even have to send any warning". He said that because I ask him from now on if they want to send me a warning, notice, make it certify letter. And I will pay for the $6.11 certify mail. And that was how he replied above. That is ridiculous.
 

HomeGuru

Senior Member
Thank you for all the advices. I spoke with the President Board. He seem to team up with the lawyer, the HOA management company. And he said "it is the HOA right to fine people, not even have to send any warning". He said that because I ask him from now on if they want to send me a warning, notice, make it certify letter. And I will pay for the $6.11 certify mail. And that was how he replied above. That is ridiculous.
**A: follow your CC&R's.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top