Hello, I live in a small neighborhood in the outskirts of Houston, TX.
We have an HOA comprised of fellow residents and we have a management company that does the violations and things.
I am being constantly harassed by the HOA with letters of violations, many times phantom violations that never occurred. When I ask the HOA about the violations, they typically just say that I need to come to one of their meetings and that they won't discuss via email or any other forum outside of an actual meeting.
Typically, the harassment is just letters, which is really no big deal. However, now recently, they are beginning to send out additional $50 fines, with the threat of continual fines if the violation is not corrected.
While not fined yet for the trash cans, they require the cans be removed from the side of the road within a timely manner. Again, I have never been fined for this. However, recently, 3 out of 4 weeks, someone is taking our trash cans and moving them into our drive way, blocking our drive way so that we can not drive in, as a "message" to take our trash cans back into the garage. Again, we do this already and these trash cans have been moved to block our driveway sometimes within 1 hour after the trash guy emptied them. In addition, no other residents have had this done to them. I told the President of the HOA about it, who informed me that he had no clue who was doing it, but not ironically, while he still says he does not know, the moving of the cans has ceased and not occurred the last 5 weeks. I even "set it up" to occur the following week, with cameras present, leaving my cans out for almost an additional 24 hours, but to no avail. Perhaps coincidence that once the HOA was informed, it ceased.
But the issues obviously are larger than this. The HOA and I have had a misunderstanding about who controls the back of my lot and the weeds that grow up there. Last year December, I got a letter to trim back along this fence (the fence is not mine, it's my neighbors and I don't actually have a fence). Anyway, I got with the board and it was determined it is indeed my yard. So, from that point forward, I have my lawn crew mow and trim all the way back to the fence. In April of this year then I suddenly get a letter from the HOA stating they are sending a 2nd letter for me to trim along the back fence, threatening to fine me if it is not taken care of. I sent an email to the President of the board about it, asking for advice on what action to take about a threatening letter asking me to do something that is already done. I'm looking out my window at a fence that has no grass and certainly no weeds. I was informed to continue what I was doing and everything was fine.
Then come August I am fined $50 for trimming along the back fence! The violation was "observed" only 5 days after my lawn crew had trimmed the entire area. I immediately emailed the Board and the management group and asked for some sort of proof. The best they could concoct, was a grainy photo, taken from the lot next door, from the front of the houses, aiming at an angle across my lot. All the lots in our neighborhood are full acre lots, so there is a good distance from the street where they took the photo next door, to the back of my fence. In addition to showing really nothing, the only visable "weeds" are from the wooded lot next to mine, NOT my lot. I informed the Board again and sent my own pictures of my well groomed back of the lot. Again, they refuse to reverse the fine, but inform me I can come in and protest at a meeting. I am unfortunately, out of town for nearly every Tuesday night meeting they hold.
I can go on and one about additional harassment, but I will refrain as I have written too much already I am sure. But one more, they are always telling us to cut down dead trees. For one, they have told me and threatened me to cut down trees that aren't dead and come spring time, that tree is alive and thriving. But one other tree was indeed dead and I cut it down. They then send a letter stating that the stump must be removed. This stump was cut off near the ground, so I just proceeded to cover the stump and lay grass right over the top of it, like I have for every other stump in my yard. However, they then send a letter later stating now, that I have to grind the stump and get rid of any "unsightly" grass mounds, changing their language this time. Finally a fine comes in the mail for the same violation. Of course, I have no clue which mound they are talking about and heaven knows I don't want to bring it up. I have one that has been there for 4 years, with no comment.
The real issue I have is that they continue with harassing letters, many time for phantom issues. Most times, the letters are sent to me, but the same so called violation is occurring elsewhere in the neighborhood, but nothing is done about that. In addition, if they can fine me for something that is not true or not there, ignore my statements and proof that the violation doesn't exist in my yard, what is to stop them from continuing with the fines and increasing the fines. If they have the power to fine and continue to fine and not have any proof, what is stop them from leading a personal vendetta against someone until they drive them out of the neighborhood? Do I have any actions I can take?
We have an HOA comprised of fellow residents and we have a management company that does the violations and things.
I am being constantly harassed by the HOA with letters of violations, many times phantom violations that never occurred. When I ask the HOA about the violations, they typically just say that I need to come to one of their meetings and that they won't discuss via email or any other forum outside of an actual meeting.
Typically, the harassment is just letters, which is really no big deal. However, now recently, they are beginning to send out additional $50 fines, with the threat of continual fines if the violation is not corrected.
While not fined yet for the trash cans, they require the cans be removed from the side of the road within a timely manner. Again, I have never been fined for this. However, recently, 3 out of 4 weeks, someone is taking our trash cans and moving them into our drive way, blocking our drive way so that we can not drive in, as a "message" to take our trash cans back into the garage. Again, we do this already and these trash cans have been moved to block our driveway sometimes within 1 hour after the trash guy emptied them. In addition, no other residents have had this done to them. I told the President of the HOA about it, who informed me that he had no clue who was doing it, but not ironically, while he still says he does not know, the moving of the cans has ceased and not occurred the last 5 weeks. I even "set it up" to occur the following week, with cameras present, leaving my cans out for almost an additional 24 hours, but to no avail. Perhaps coincidence that once the HOA was informed, it ceased.
But the issues obviously are larger than this. The HOA and I have had a misunderstanding about who controls the back of my lot and the weeds that grow up there. Last year December, I got a letter to trim back along this fence (the fence is not mine, it's my neighbors and I don't actually have a fence). Anyway, I got with the board and it was determined it is indeed my yard. So, from that point forward, I have my lawn crew mow and trim all the way back to the fence. In April of this year then I suddenly get a letter from the HOA stating they are sending a 2nd letter for me to trim along the back fence, threatening to fine me if it is not taken care of. I sent an email to the President of the board about it, asking for advice on what action to take about a threatening letter asking me to do something that is already done. I'm looking out my window at a fence that has no grass and certainly no weeds. I was informed to continue what I was doing and everything was fine.
Then come August I am fined $50 for trimming along the back fence! The violation was "observed" only 5 days after my lawn crew had trimmed the entire area. I immediately emailed the Board and the management group and asked for some sort of proof. The best they could concoct, was a grainy photo, taken from the lot next door, from the front of the houses, aiming at an angle across my lot. All the lots in our neighborhood are full acre lots, so there is a good distance from the street where they took the photo next door, to the back of my fence. In addition to showing really nothing, the only visable "weeds" are from the wooded lot next to mine, NOT my lot. I informed the Board again and sent my own pictures of my well groomed back of the lot. Again, they refuse to reverse the fine, but inform me I can come in and protest at a meeting. I am unfortunately, out of town for nearly every Tuesday night meeting they hold.
I can go on and one about additional harassment, but I will refrain as I have written too much already I am sure. But one more, they are always telling us to cut down dead trees. For one, they have told me and threatened me to cut down trees that aren't dead and come spring time, that tree is alive and thriving. But one other tree was indeed dead and I cut it down. They then send a letter stating that the stump must be removed. This stump was cut off near the ground, so I just proceeded to cover the stump and lay grass right over the top of it, like I have for every other stump in my yard. However, they then send a letter later stating now, that I have to grind the stump and get rid of any "unsightly" grass mounds, changing their language this time. Finally a fine comes in the mail for the same violation. Of course, I have no clue which mound they are talking about and heaven knows I don't want to bring it up. I have one that has been there for 4 years, with no comment.
The real issue I have is that they continue with harassing letters, many time for phantom issues. Most times, the letters are sent to me, but the same so called violation is occurring elsewhere in the neighborhood, but nothing is done about that. In addition, if they can fine me for something that is not true or not there, ignore my statements and proof that the violation doesn't exist in my yard, what is to stop them from continuing with the fines and increasing the fines. If they have the power to fine and continue to fine and not have any proof, what is stop them from leading a personal vendetta against someone until they drive them out of the neighborhood? Do I have any actions I can take?
