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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11853
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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HOA Fine after 7 years

Resolved Question:

I have had my vehicle parked in space on the side of my house for the last 7 years. I just received a fine today for having a vehicle parked in a landscaped area. There is no landscape where the vehicle is parked. There are bushes on the east side of the car which belong to my neighbor and encroach upon my property. There are bushes behind the vehicle at the end of my driveway. Can my HOA fine me after 7 years of allowing prior use of this parking area? Please see the attached letter that I received from the HOA along with the CC&R sections referenced in the letter.

Attachment: 2013-08-17_054835_ccrs.docx

 

Box 7580

Surprise AZ 85374

623(NNN) NNN-NNNNFax(NNN) NNN-NNNN/p>

August 15, 2013

BRIAN & DENICE YOUNG

14356 W ACAPULCO LANE

SURPRISE AZ 85379

Re

: Lot #: 8057 Property Address: 14356 W ACAPULCO LANE

Dear XXXXX & DENICE YOUNG:

This correspondence is being sent to you as an important homeowner or resident in the Royal Ranch community.

During a recent inspection it was noted that a violation of the Royal Ranch HOA CC&R’s that you agreed to abide

by, may still exist on the property. Or, there is a reoccurrence of the same violation within six (6) months of the last

violation.

Violation: SECTION 4.15 & 4.17 VEHICLES PARKED IN LANDSCAPED AREAS.

Action Required:

Please remove vehicle from landscape area - (Last observed 8/15/13).

In accordance with Arizona Revised Statues 33-1803 you are hereby notified that your

account has been charged

a fine of $50.00.

To avoid additional fines of $100.00 each, the violation must be corrected and compliance restored

within 10 days of post mark date on the envelope of this letter.

You have a right to be heard regarding the violation charges. If you wish to

appeal the violation, a written

communication addressed to the board of directors must be received within

10 days of the mailing date. You may

forward the appeal to the mailing address, fax number or email address in this letter. The appeal must state the

reason for the requested relief. If the HOA does not receive an appeal from you and the violation continues please be

advised that the HOA may proceed with the necessary "Self Help" with the cost added to your account or other

remedies to obtain compliance of the violation. Remedies may include and are not limited to the assessment of

additional fines or other legal alternatives.

Fines that are

not paid within 30 days of the date of the fine letter may be subject to additional administrative fees.

Please submit payment of the fine mentioned above on the BNC Bank web site - BNCbank.com/hoapay or by check

payable to

Royal Ranch HOA, PO Box 64023, Phoenix, AZ 85082. Please ensure the property address or four digit

lot number is XXXXX your payment. Thank you for your anticipated assistance and cooperation in resolving the violation. A

well kept community helps everyone get the full enjoyment from their property.

Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, my name is XXXXX XXXXX I will be glad to assist you,

 

1. Does anyone else park their car in a similar spot on their property ?

 

 

2. Where do other homeowners park their car ?

 

 

3. At what time of day do you park your car there ?

 

 

Thank you and I look forward to your reply,

 

 

Customer: replied 1 year ago.

1. Yes, other neighbors park their cars in similar spots on their properties.


2. Other homeowners park their cars in similar spots. They are calling the area landscaped. I believe because there are bushes on the east side of the car. The bushes are my neighbors and they encroach upon my property. Additionally, I have bushes behind the vehicle at the very end of my driveway near the street. However, the vehicle is not parked on top of or smack dead in the middle of any landscaping.


 


3. The car belongs to my teenage daughter. It is parked there at night after she gets home from school and maybe all day on the weekends if she doesn't decide to go out. I only have a 2 car garage and her car doesn't fit in the garage. Most mornings we leave before her so if she parked behind us in the driveway then we would have to move her car every morning. She's not allowed to park on the street overnight either per the CC&R's, so she parks just off to the right side of the driveway in a dirt space on the side of my house.


 

Expert:  Andrea, Esq. replied 1 year ago.
Have he other owners who park their car in a similar spot on their property received a similar fine ?
Customer: replied 1 year ago.


I'm not sure if other residents have received fines. I will have to inquire of my neighbors. However, I highly doubt that they would continue to park there if they were continuously being fined $50.

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your reply and for your additional information,

 

You should appeal their fine, it is your right to do so. But, before doing so, you should speak with your neighbors to find out what their status is. If they have been fined also, you can join together in protesting the fine. If they have not been fined, then you can use the argument that they are singling you out for the fine, but allowing others to violate the C,C&Rs without imposing a fine on them.

 

I do not think that the fact that you have been parking the car this way for 7 years will be a strong argument because the C,C &Rs usually contain a statement that the failure to enforce one of the covenants or restrictions "shall not be deemed a waiver against future enforcement" which means that just because they did not enforce a restriction in the past does not mean that they gave up the right to enforce it in the future,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11853
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Andrea, Esq.
Andrea, Esq.
Real Estate Lawyer
11853 Satisfied Customers
I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.