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  #1  
Old 07-30-2002, 08:43 PM
missamy
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Angry

contesting violation from hoa


What is the name of your state? California
I have written four letters to the board of dir regarding a violation that I feel I was wrongly cited for. They have never been acknowledged. I have sent one by certified mail, I have faxed one, and I have put two in a mail box at the assoc office used for homeowner's mail to the board of dir. The bylaws state that the board has to give their decision in writing. The violation was assessed to my account in April and I have yet to get a reply, but the $50.00 charge shows up on my statement. There are so many residents that commit violations on a daily basis, but because a neighbor sent a letter about me I got a violation. Isn't it the property manager's job to walk the property and issue viloations? A former board member's neighbor is violating a parking rule and the former board member has done nothing about it. I have taken photos of all of these violoations and plan to send them to the board of directors. I know they have some power, but how can they pick & choose who gets a violation? I will not pay this violoation and I am willing to fight it legally. I think the reason I'm being ignored is because I have spoken my opinion at h/o meetings. I am a former board member.

Hope someone can help

Thanks
  #2  
Old 07-30-2002, 10:05 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: contesting violation from hoa


Quote:
Originally posted by missamy
What is the name of your state? California
I have written four letters to the board of dir regarding a violation that I feel I was wrongly cited for. They have never been acknowledged. I have sent one by certified mail, I have faxed one, and I have put two in a mail box at the assoc office used for homeowner's mail to the board of dir. The bylaws state that the board has to give their decision in writing. The violation was assessed to my account in April and I have yet to get a reply, but the $50.00 charge shows up on my statement. There are so many residents that commit violations on a daily basis, but because a neighbor sent a letter about me I got a violation. Isn't it the property manager's job to walk the property and issue viloations? A former board member's neighbor is violating a parking rule and the former board member has done nothing about it. I have taken photos of all of these violoations and plan to send them to the board of directors. I know they have some power, but how can they pick & choose who gets a violation? I will not pay this violoation and I am willing to fight it legally. I think the reason I'm being ignored is because I have spoken my opinion at h/o meetings. I am a former board member.

Hope someone can help

Thanks
**A: if you sent your letter via certified rrr, your evidence of receipt is the signed USPS green card.
  #3  
Old 07-31-2002, 04:37 PM
missamy
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Posts: n/a
mr home guru

I know that I will receive a green receipt. My questions were regarding the violation and whether the bod can ignore other violations but cite me for something I did not do. If they put a lien on my house what can I do about that other than paying the fine?
  #4  
Old 07-31-2002, 04:55 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally posted by missamy
mr home guru

I know that I will receive a green receipt.

**A: your post stated that you sent 4 letters via fax, certified mail and hand delivery that were never acknowledged. My point was, did you send the letter certified rrr? If not, then its obvious why you never got a legal acknowledgment of receipt.
**********

My questions were regarding the violation and whether the bod can ignore other violations but cite me for something I did not do.

**A: of course they can.
That is why you need to take appropriate action. Argue, show evidence, prove your point, mediate, arbitrate or litigate.
**********
If they put a lien on my house what can I do about that other than paying the fine?
**A: that is why you need to fight it out so that you win and there is no judgement and therefore no lien.

Last edited by HomeGuru; 07-31-2002 at 08:24 PM.
  #5  
Old 07-31-2002, 08:16 PM
missamy
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mr homeguru

Thanks for your advice. I have been taking pictures of other violations committed by other homowners. The violation I got was for slamming my door. I don't know how I can prove that I didn't slam my door other than the times they said I allegedly did this I wasn't home or I wasn't out of bed yet. I explained this in one of my letters that I work a 3:00 - 11:00 PM shift and do not arrive home until 11:30 so therefore, I couldn't have possibly slammed my door at 11:00 PM. The bod is totally ignoring my letters and if they are reading them the bylaws say that they have to give me an answer regarding whether they are going to reverse this in writing. This has been going on since April. Agian thnaks for your advice.
  #6  
Old 07-31-2002, 11:40 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally posted by missamy
mr homeguru

Thanks for your advice. I have been taking pictures of other violations committed by other homowners. The violation I got was for slamming my door. I don't know how I can prove that I didn't slam my door other than the times they said I allegedly did this I wasn't home or I wasn't out of bed yet. I explained this in one of my letters that I work a 3:00 - 11:00 PM shift and do not arrive home until 11:30 so therefore, I couldn't have possibly slammed my door at 11:00 PM. The bod is totally ignoring my letters and if they are reading them the bylaws say that they have to give me an answer regarding whether they are going to reverse this in writing. This has been going on since April. Agian thnaks for your advice.
**A: good luck to you.
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