KathyK2 (North Carolina)
Posts: 1
Posts: 1
Posted:
One of the HO was the developer for the sub-division. He is an absent owner and the lot is land only. The builder had used it as a dumping ground for concrete and other garbage. We had sent violations regards to the garbage pile and the overgrown lawn of weeds.
The violations escalated to a hearing at which he claimed not to know the builder was using the lot as a dumping ground and the garbage has been removed. We agreed to lift the fines as long as he maintained the lawn. Unfortunately, the lawn wasn't consistently maintained and continued to grow extremely high. He may have mowed maybe once a month if that. With the heavy rains this was not frequent enough.
We sent letters explaining he was back in violation and the fines would be reinstated from inception as stated in the hearing decision letter. We were reluctant to charge the full $8,700 for the entire time he was in violation. Therefore, we agree to reduce the fine to the original fine amount at the time of the hearing which was $1,700 also allowing it to be further reduced to $700 if he paid within the month of receiving the letter. He did not pay.
He contacted the Management company to complain about overpayment for his dues. He was entitled to reduced dues as the developer. However, since the subdivision is now fully owned by homeowners with the exception to his lot that distinction is no longer valid (as per the management company). We asked the management company to have our attorney confirm this before responding to his refund request. (No refund since he owes fines.)
We received a new letter from his attorney sent directly to the HOA President's home address vs. the management company. Using scare tactics such as "your allegations are tenuous at best"; "the Association owes my client a refund"; "we will defend any lien actions and in addition bring you and the other Board Members in as co-defendants .. and hold the Association responsible for any damages caused by the action."
Still awaiting response from our attorney. So anyone else that may have dealt with similar matters and would like to share advice would be helpful...
The following is our stand:
Also note, the lot is not just unsightly but there has been a case of Rocky Mountain Spotted Fever. The tick was from that area of the subdivision. Most likely along the walking path from our subdivision to an adjoining subdivision which connects to the HO's property.
Due to the HO failing to keep his property maintained, it created an opportunity for these disease infected ticks to move onto his property and therefore into the subdivision allowing for the spread of these ticks and the disease itself.
The HOA has the right to correct the violation and charge the homeowner. The neighbor whose property adjoins the HO's has had to mow his grass that connects to theirs on numerous occasions which we have a record of. However, they did not mow his entire property so it doesn't provide him an excuse for not maintaining the remainder of his lot. He is aware of his property boundaries as we walked it together in person and he was considering offering this particular part of his property for sale to these adjoining neighbors but changed his mind at the last minute.
In whatever response we write, I would like the HO's attorney's to know they are to correspond with the Management Company directly vs. the HOA. Due to the nature of the Rocky Mt. Fever this is not only an unsightly issue but a medical safety issue. That we did meet with the HO and he was informed several times and was fully aware that if he did not consistently maintain his property he would be fined accordingly. He was even provided contact information for a landscape service. We also provided the option to pay all fines early at a reduced rate. Should he decide to proceed with legal actions HE will be required to pay any legal fees incurred by the HOA regarding this matter. We will not be held responsible for damages for the filing of a lien as it is the HO's choice not to pay the fines which in turn he knows will lead to a lien.
ADVICE???????
The violations escalated to a hearing at which he claimed not to know the builder was using the lot as a dumping ground and the garbage has been removed. We agreed to lift the fines as long as he maintained the lawn. Unfortunately, the lawn wasn't consistently maintained and continued to grow extremely high. He may have mowed maybe once a month if that. With the heavy rains this was not frequent enough.
We sent letters explaining he was back in violation and the fines would be reinstated from inception as stated in the hearing decision letter. We were reluctant to charge the full $8,700 for the entire time he was in violation. Therefore, we agree to reduce the fine to the original fine amount at the time of the hearing which was $1,700 also allowing it to be further reduced to $700 if he paid within the month of receiving the letter. He did not pay.
He contacted the Management company to complain about overpayment for his dues. He was entitled to reduced dues as the developer. However, since the subdivision is now fully owned by homeowners with the exception to his lot that distinction is no longer valid (as per the management company). We asked the management company to have our attorney confirm this before responding to his refund request. (No refund since he owes fines.)
We received a new letter from his attorney sent directly to the HOA President's home address vs. the management company. Using scare tactics such as "your allegations are tenuous at best"; "the Association owes my client a refund"; "we will defend any lien actions and in addition bring you and the other Board Members in as co-defendants .. and hold the Association responsible for any damages caused by the action."
Still awaiting response from our attorney. So anyone else that may have dealt with similar matters and would like to share advice would be helpful...
The following is our stand:
Also note, the lot is not just unsightly but there has been a case of Rocky Mountain Spotted Fever. The tick was from that area of the subdivision. Most likely along the walking path from our subdivision to an adjoining subdivision which connects to the HO's property.
Due to the HO failing to keep his property maintained, it created an opportunity for these disease infected ticks to move onto his property and therefore into the subdivision allowing for the spread of these ticks and the disease itself.
The HOA has the right to correct the violation and charge the homeowner. The neighbor whose property adjoins the HO's has had to mow his grass that connects to theirs on numerous occasions which we have a record of. However, they did not mow his entire property so it doesn't provide him an excuse for not maintaining the remainder of his lot. He is aware of his property boundaries as we walked it together in person and he was considering offering this particular part of his property for sale to these adjoining neighbors but changed his mind at the last minute.
In whatever response we write, I would like the HO's attorney's to know they are to correspond with the Management Company directly vs. the HOA. Due to the nature of the Rocky Mt. Fever this is not only an unsightly issue but a medical safety issue. That we did meet with the HO and he was informed several times and was fully aware that if he did not consistently maintain his property he would be fined accordingly. He was even provided contact information for a landscape service. We also provided the option to pay all fines early at a reduced rate. Should he decide to proceed with legal actions HE will be required to pay any legal fees incurred by the HOA regarding this matter. We will not be held responsible for damages for the filing of a lien as it is the HO's choice not to pay the fines which in turn he knows will lead to a lien.
ADVICE???????