What is the name of your state (only U.S. law)? VA
I currently have a property that I am owner financing to the occupant (I am still the legal owner of the home). Back in July lightning struck the trees on the property line. Back then the HOA told the occupant over the phone that because the trees are on the propertly line that anything that fell into our lot would be our responsibility and anything that fell into the common area would be the HOA's responsiblity. We have since picked up all debris and branches from our lot, but I received a second notice of violation from the HOA stating that we still hadn't complied with their request. When I called the office I was told that the property mananger (who was not there and still hasn't returned my calls) said that the occupant just moved everything over from our lot to the common area. I went to the house and verified for myself that this was not the case. The only trees and debris in the common area are from the original storm (I have before and after pictures). I spoke to a neighbor that said she'd be willing to talk to the property manager to confirm that items in common area are from the original storm.
At this point I'm not sure what else to do. The 2nd HOA violation notice was dated 10/9/12 with 7 days to comply (tomorrow) and the property manager still hasn't called me back. (I also sent 2 e-mails with the same information I just provided above). The HOA notice said that if we didn't comply within 7 days that a hearing would be set to assess fines and to take legal action. What can I do to make sure they don't put a lien against my home? I can't afford to hire a lawyer. Are they required to give me notice of the hearing date so that I can appear? Is there a certain amount of time required between the hearing and the date the notice goes out?
I currently have a property that I am owner financing to the occupant (I am still the legal owner of the home). Back in July lightning struck the trees on the property line. Back then the HOA told the occupant over the phone that because the trees are on the propertly line that anything that fell into our lot would be our responsibility and anything that fell into the common area would be the HOA's responsiblity. We have since picked up all debris and branches from our lot, but I received a second notice of violation from the HOA stating that we still hadn't complied with their request. When I called the office I was told that the property mananger (who was not there and still hasn't returned my calls) said that the occupant just moved everything over from our lot to the common area. I went to the house and verified for myself that this was not the case. The only trees and debris in the common area are from the original storm (I have before and after pictures). I spoke to a neighbor that said she'd be willing to talk to the property manager to confirm that items in common area are from the original storm.
At this point I'm not sure what else to do. The 2nd HOA violation notice was dated 10/9/12 with 7 days to comply (tomorrow) and the property manager still hasn't called me back. (I also sent 2 e-mails with the same information I just provided above). The HOA notice said that if we didn't comply within 7 days that a hearing would be set to assess fines and to take legal action. What can I do to make sure they don't put a lien against my home? I can't afford to hire a lawyer. Are they required to give me notice of the hearing date so that I can appear? Is there a certain amount of time required between the hearing and the date the notice goes out?