nannasmile
Junior Member
NC
I live and own a town home in NC with an HOA of course. About two years ago, I noticed that my neighbor who is a renter, was throwing food in his back yard area which is considered a public area. I noticed this because I was playing ball with my dog in my back yard area, she saw a bunny and chased it back behind his unit (our units are not adjacent) and when I ran after her she was munching down on some pizza. After this I could not get her from darting back there from time to time, regardless of how much I scolded her. I confronted my neighbor and asked him to stop throwing food out and he refused. So I called the city and the HOA on him. I provided pictures, specific dates, and details on the offense. The city did nothing and the HOA started sending him letters. After not stopping with the food, the HOA held a hearing to possibly fine him. When I asked the results of the hearing because he still did not stop, the HOA refused to let me know the results or give me any details on the matter. I checked our financial statements on the community website and no revenues were reported from fines so I assumed they did nothing. Then I started getting letters about my dog not being on her leash because of us playing ball in the back yard (I do not let her roam around unattended). When I inquired about the letters, asking the date of the offenses, etc I was not given any information other than being told that this was the renters rebuttal against my complaint. Many of my neighbors also play with their dogs in their back yard areas off leash, but I am the only one who has gotten these letters because of the complaint I made. Apparently our CCRs state that dogs must be on a leash. However, I have never seen a copy of these specific CCRs even though I have looked all over our community website. They have a document titled CCRs, but they do not contain the section that has been quoted to me in the letters. As my neighbors continually have their dogs off leash, and my neighbor did not stop throwing food out, I ignored the letters. Then I received an email from my management company asking me if I would be attending a hearing on that night. I asked them what they were talking about and they sent me a copy of a hearing notice that I have still never received a hard copy. I asked to reschedule the hearing which they did, and unfortunately I missed it because I got confused with the times. I then got a letter stating that they were fining me $100 for my dog being off leash. I have a few questions:
1. Can they really not give me details on my neighbors hearing? (There is nothing in our bylaws or CCRs that I have read stating they can't.)
2. Can they hold a hearing and fine me when I never received an official hearing notice or does the email stand? (From reading the NC statute it just says I must be notified)
3. The CCRs that I have read state: "Such rules and regulations shall be equally applicable to all Unit Owners similarly situated and shall be uniform in their application and effect. Copies of such rules and regulations shall be furnished by the Board to each Unit Owner prior to their effective date." I feel that they have violated this regulation in the action they have taken against me, but do I have any recourse?
I understand I have not been perfect in this situation but it seems so unjust. It is definitely not the $100, it is the principle. I'm sure rather than seeking an attorney it would be cheaper to just pay the fine. I don't even know if I was going to take action what court, etc would be applicable. I think I would be willing to spend some extra money if I could prove a point. It's just part of my personality...
Thank you
I live and own a town home in NC with an HOA of course. About two years ago, I noticed that my neighbor who is a renter, was throwing food in his back yard area which is considered a public area. I noticed this because I was playing ball with my dog in my back yard area, she saw a bunny and chased it back behind his unit (our units are not adjacent) and when I ran after her she was munching down on some pizza. After this I could not get her from darting back there from time to time, regardless of how much I scolded her. I confronted my neighbor and asked him to stop throwing food out and he refused. So I called the city and the HOA on him. I provided pictures, specific dates, and details on the offense. The city did nothing and the HOA started sending him letters. After not stopping with the food, the HOA held a hearing to possibly fine him. When I asked the results of the hearing because he still did not stop, the HOA refused to let me know the results or give me any details on the matter. I checked our financial statements on the community website and no revenues were reported from fines so I assumed they did nothing. Then I started getting letters about my dog not being on her leash because of us playing ball in the back yard (I do not let her roam around unattended). When I inquired about the letters, asking the date of the offenses, etc I was not given any information other than being told that this was the renters rebuttal against my complaint. Many of my neighbors also play with their dogs in their back yard areas off leash, but I am the only one who has gotten these letters because of the complaint I made. Apparently our CCRs state that dogs must be on a leash. However, I have never seen a copy of these specific CCRs even though I have looked all over our community website. They have a document titled CCRs, but they do not contain the section that has been quoted to me in the letters. As my neighbors continually have their dogs off leash, and my neighbor did not stop throwing food out, I ignored the letters. Then I received an email from my management company asking me if I would be attending a hearing on that night. I asked them what they were talking about and they sent me a copy of a hearing notice that I have still never received a hard copy. I asked to reschedule the hearing which they did, and unfortunately I missed it because I got confused with the times. I then got a letter stating that they were fining me $100 for my dog being off leash. I have a few questions:
1. Can they really not give me details on my neighbors hearing? (There is nothing in our bylaws or CCRs that I have read stating they can't.)
2. Can they hold a hearing and fine me when I never received an official hearing notice or does the email stand? (From reading the NC statute it just says I must be notified)
3. The CCRs that I have read state: "Such rules and regulations shall be equally applicable to all Unit Owners similarly situated and shall be uniform in their application and effect. Copies of such rules and regulations shall be furnished by the Board to each Unit Owner prior to their effective date." I feel that they have violated this regulation in the action they have taken against me, but do I have any recourse?
I understand I have not been perfect in this situation but it seems so unjust. It is definitely not the $100, it is the principle. I'm sure rather than seeking an attorney it would be cheaper to just pay the fine. I don't even know if I was going to take action what court, etc would be applicable. I think I would be willing to spend some extra money if I could prove a point. It's just part of my personality...
Thank you
