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Thursday, November 15, 2018
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Subject: Need help, First class enough
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Author Messages
PaulW9
(Illinois)

Posts:14


11/06/2018 7:51 AM  


Our "Rules and Regulations" state that warnings and violations are to be sent out,

Notices are deemed served either:

1. By personal delivery at the time of delivery, or

2. By mail following two (2) days after deposit in the United States mail, provided that notice has been sent both by regular first class and certified mail-return receipt requested, postage prepaid, to the owner at the last known address, or to such other addresses the owner shall have previously filed with the Board, and further provided that either the return receipt has been signed and returned or that the notice sent by regular mail has not been returned to the Association undelivered. For units held in trust, the notice may be sent either to the address to the trustee or to such address as has been provided to the Association by the Trustee or the beneficial owner of the Trust.

My question is what happens if you receive a warning or violation through the mail, regular first class and not also by certified mail-return receipt requested? I copied the section word for word. My issue is it doesn't say "AND OR" it clearly states both! What do you do with the mailings only sent through first class? And they are adding the fines to my monthly balance, which by the way is direct deposit, I"ve paid on time every time for 20 years. Could someone please advise. Thanks
AugustinD


Posts:1141


11/06/2018 8:14 AM  
My understanding is that, if the HOA (or really any entity seeking enforcement of xyz) does not have a receipt for the mail sent, then the notice has not been received. In other words, I agree with you.

I do advise asking the HOA "What gives? Which I know can then be used as proof that you did receive notice.
SueW6
(Michigan)

Posts:325


11/06/2018 1:42 PM  
Probably should have been:

first class mail WITH a certified mail receipt . . .

GeorgeS21
(Florida)

Posts:750


11/06/2018 1:58 PM  
I think a board might consider it good enough to send via mail and email ... doesn’t meet the letter of the law, but if you want to go to court and plead based on this sort of technicality, it might mean you could end up losing.

What is your issue that this a major consideration?
PaulW9
(Illinois)

Posts:14


11/06/2018 6:10 PM  


The major consideration sadly is the manager has the power to send out warnings, violations and then when they are not completed on his time frame he then sends out the violations with monetary increments attached. He does this on his own. That is wrong on so many levels. We should start ignoring words like "must" and "may" If their not going to go by the letter of their own rules what good is any of it. How did you put it they probably thought was good enough? Really. Also, my point with them is they've sent me 15 warnings and violations, with the most incriminating violation, was to many flower pots, my garden hose was out, an empty flower pot on the lawn, solar lights in the beds "that have been there for years. 45 pages of pictures and nonsense. but this is where my money is going! Maybe I'll tell my boss ahhh thats good enough!
KerryL1
(California)

Posts:5852


11/06/2018 6:37 PM  
Do your won documents, say your bylaws or contract with the mgmt. co. give the PM the right to levy fines, Paul?

Does IL give managers that power? Or does IL require that you be invited to a haring of the board who will listen to you plead your case?
KerryL1
(California)

Posts:5852


11/06/2018 6:38 PM  
Do your own documents, say your bylaws, Rules & Regs or contract with the mgmt. co. give the PM the right to levy fines, Paul?

Does IL give managers that power? Or does IL require that you be invited to a hearing of the board who will listen to you plead your case? This is the law in many states.
PaulW9
(Illinois)

Posts:14


11/07/2018 1:13 PM  


Kerry, Does a homeowner have the right to see the contract of the MC? Can we say we'd like to see it?

And no nothing in our By-laws or Declaration gives a Managing Agent the right to levy fines.

Can the President just say"I told him he could do it.


Again coming back to my original question, They get to pick and choose when the wording of a document suits them? But we have to follow everything word for word. I know it sounds frivolous but it makes a huge difference to us!
RichardP13
(California)

Posts:3107


11/07/2018 2:33 PM  
Paul

I think you are going to have to do some serious research in regards to what can be done in your specific state. I can tell you what happens in California as we have due process, but not what happns in your state and with your documents.
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