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| Author |
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CathyW
(Michigan)
Posts:6
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| 07/06/2006 10:40 AM |
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I need some advice and help on this issue which relates to a past posting about President will not return calls.
I moved into a Condo first as a renter and the HOA president rejected it do to they had reached their limit of renters. Therefore he request the only way I could continue living in this Condo is if I was the owner or had a land contract.
Well the owner and I had a legal binding land contract done. Before the contract was done, there's two residents in the unit whom I think donot want me here. They have accuse me of all sorts of violations for which the president have fined me for without verifying the information. These fines has now accumulated to a total of $1,650.00 and now he's threaten to put a lien on the property due to unpaid fines and sent letter to owner saying he will evict me on July 15th.
The Owner had request the CC&R's and bylaws from the president, because she was never given any bylaws when she purchase the condo and they never sent them, neither was she ever invited to any meetings. They later said that she would have to pay for the bylaws or get a copy from neighbors.
One of the residents who live in the building is the brother of the president and he's also a BOD member, is one who have accuse me of the violations and has also harrase my vistors which happens to be family only.
There has been no other complaints from the other 5 residents that live in this building except for the two residents, one of which is the brother of the HOA president. They have been harrasing me and my family that vist making this very uncomfortable for me as a purchaser.
I am a friendly and well liked mother of 3 adults and one teenager. I have respect for others and their property.
Some advice is needed to help solve this problem.
Thanks
Cathy W. |
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RogerB
(Colorado)
Posts:3694
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| 07/06/2006 11:39 AM |
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Cathy, I don't know what state you live in but presume the Board must give you the opportunity for a Hearing prior to assessing a fine. I would send a letter advising that you request a Hearing on all alledged violations prior to a fine being assessed. You have the right to provide witness testimony, legal representation, and testify on your own behalf. I would also demand proof of any allegation.
If the Board refuses to provide you a Hearing, or finds you guilty when you definitely are not, then I would get an attorney. |
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Roger Borcherding
Official HOATalk.com Sponsor
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GeraldT1
Posts:0
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| 07/06/2006 11:40 AM |
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CathyW,
Perhaps I missed something, are you now an owner?
Notice of BOD meetings is often published to the community, sometimes notice is just published once a year, with occasional reminders. Typcially, there is not an invitation to attend.
You'll have to get a copy of the by-laws and read them, and get a letter to the BOD to officially respond to their fine letter. My association charges for additional copies, since our by-laws are rather extensive and bound.
Your response letter could be on your attorney letterhead, it just depends upon how far you want to pursue the matter, how tough do you want to get? Are the fines legitimate?
Even if you hire an attorney, and win, what is the likelihood these individuals will not be a perpetual thorn in your side?
I'm sorry to hear that your quality of life in your condo is not a pleasant experience.
Best of luck!!
GeraldT1 |
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CathyW
(Michigan)
Posts:6
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| 07/06/2006 3:58 PM |
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I live in the State of Michigan. Yes, I have a recorded Land Contract of the property.
The fines are not legimate, due to I never violated any of those rules. |
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BrianB
(California)
Posts:1732
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| 07/06/2006 4:15 PM |
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get a copy of the CC&R's, and the by laws.
study them
demand proof of non compliance, in writing. demand whatever rights of notice you may have according to the by laws. you have a right to the process as described in the by laws. if that process was not followed, the fines are spurious.
be calm, be professional, do everything in writing. and make sure you understand the rules better than they do.
and give them a good fight. |
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