Type of action to bring against HOA

[Korda]

What is the name of your state (only U.S. law)? Ga

In a nutshell, I want to go to court to make my HOA follow our by laws if they follow through with a threat they have made. It is a trivial issue in some respects but there is a principle involved here. Here is the story: a few months ago, they sent me a certified letter asking me to pressure wash a spot on my house. No worries, I did so within the time allowed. But then they sent me a bill for the postage.

Our by laws have nothing about charging homeowners for this... There is some wording about expenses incurred while collecting unpaid debt, but that is not the case here. So they told me I had to pay this bill (about four bucks) or I will lose access to the pool and my voting rights. The by laws provide for that penalty only if assessments are not paid, but mine are. So it's not much money but if they proceed with taking away my voting rights over this I want to take action.

I was hoping to file some kind of case and represent myself just to get a judge to rule on who is right... I have no idea what kind of filing to do and how to start but since there are no monetary damages I see no need for a lawyer.

 

[TinkerBelleLuvr]

What is the name of your state (only U.S. law)? Ga

In a nutshell, I want to go to court to make my HOA follow our by laws if they follow through with a threat they have made. It is a trivial issue in some respects but there is a principle involved here. Here is the story: a few months ago, they sent me a certified letter asking me to pressure wash a spot on my house. No worries, I did so within the time allowed. But then they sent me a bill for the postage.

Our by laws have nothing about charging homeowners for this... There is some wording about expenses incurred while collecting unpaid debt, but that is not the case here. So they told me I had to pay this bill (about four bucks) or I will lose access to the pool and my voting rights. The by laws provide for that penalty only if assessments are not paid, but mine are. So it's not much money but if they proceed with taking away my voting rights over this I want to take action.

I was hoping to file some kind of case and represent myself just to get a judge to rule on who is right... I have no idea what kind of filing to do and how to start but I don't think there are monetary damages and therefore not need for a lawyer.

Your CR&Rs are a CONTRACT. The answer (or non-answer) is in the details.

You need to go through the CR&Rs and find your answer. Whatever you do, make sure you do so within the time frame you were given to answer.

 

[TigerD]

Really? You want to go to court over $4?

My advice - take it or leave it:
1. Grow up.
2. Relax
3. Pay the fracking $4
4. Go to sleep
5. Wait three days.
6. If it still bothers you, run for a position on the HOA board.

DC

 

[LeeHarveyBlotto]

Seems to me such mailings would be a normal cost of doing business which are part of what association fees are for.

That said, is this really a hill worth dying for?

 

[STEPHAN]

You caused this postage, didn't you?

Isn’t it just fair to charge cost to the people who create them?

If I was another owner there, why would I have to pay it (with higher monthly cost)?

 

[Korda]

Ok let me clarify something... No, I really don't want to sue over $4. But look at the other side of it: somebody is saying they are going to take away my pool access and voting rights over a measly $4--I find that infuriating because the covenant does not allow for it. I don't take kindly to threats I guess... If this was for a fine I owed, sure, that is provided for in the by laws. But it isn't since I promptly fixed the issue identified.

In fact, the bylaws state our assessments cover office fees and postage. Therefore, I have already paid for postage due to the fact I'm one of the only 68% of people who bother to pay assessments at all. (And we are not out of money, there is plenty in there since our expenses are low.)

So my question is what type of law is this kind of situation. It sounds like contract law from what the first poster said, and if I'm right they are breaking their end of the contract. If wrong, I am breaking it.

(On another note, I guess some of you can't understand how I might be a little annoyed by this when I've dutifully paid my assessment for 15 years and kept my place up while a large percentage has not done either. Then to get such a threat over something so small...)

 

[Korda]

Really? You want to go to court over $4?

My advice - take it or leave it:
1. Grow up.
2. Relax
3. Pay the fracking $4
4. Go to sleep
5. Wait three days.
6. If it still bothers you, run for a position on the HOA board.

DC

Lol, you sound like a debt collector. "Pay the fee! Whether you really owe it or not, just pay the fracking fee!"

But thanks for your awesome non-trolling advice.

 

[LeeHarveyBlotto]

Ok let me clarify something... No, I really don't want to sue over $4. But look at the other side of it: somebody is saying they are going to take away my pool access and voting rights over a measly $4--I find that infuriating because the covenant does not allow for it. I don't take kindly to threats I guess... If this was for a fine I owed, sure, that is provided for in the by laws. But it isn't since I promptly fixed the issue identified.

In fact, the bylaws state our assessments cover office fees and postage. Therefore, I have already paid for postage due to the fact I'm one of the only 68% of people who bother to pay assessments at all. (And we are not out of money, there is plenty in there since our expenses are low.)

So my question is what type of law is this kind of situation. It sounds like contract law from what the first poster said, and if I'm right they are breaking their end of the contract. If wrong, I am breaking it.

(On another note, I guess some of you can't understand how I might be a little annoyed by this when I've dutifully paid my assessment for 15 years and kept my place up while a large percentage has not done either. Then to get such a threat over something so small...)

Until you pay it, you have no damages and therefore no case. Once you do, it would be a small claims action. I would note that the filing fee will be several times the $4 you may or may not win.

 

[Korda]

Until you pay it, you have no damages and therefore no case. Once you do, it would be a small claims action. I would note that the filing fee will be several times the $4 you may or may not win.

Thanks for the reply Lee. I get you, but here's a contract question... Theoretically, if someone breaks their end of a contract first... Say my pool access and voting rights have been taken away for something that is not defined in the covenant, which very specifically states two cases under which that can be done and neither apply here... Then doesn't that mean I don't have to honor my end of the deal and pay the assessment? (I'm not going to go that route, I am curious.)