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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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HOA sent a letter stating during a recent inspection tour

Customer Question

HOA sent a letter stating during a recent inspection tour the association fire safety committee found severely neglected things and has become a fire hazard with dead branches pine needles and cut firewood on my property if I don't take immediate action with in 30 days that failure to clean up the property as requested may result in suspension or your membership privileges and a monthly fine as per the attached fine schedule.
This is a summer cabin we have owned 35 years, did have trees cut and skirted but association wants all property around cabin cleared of close trees and all pine needles. The few trees surrounding the cabin were left for shade.
In the 35 years we have owned the property we have never received a letter like this
Can the association walk my property or is that truss passing.
Do I have any legal right
We were on vacation so we really only ha 3 weeks from date letter was sent.
Paula Hickey (###) ###-####***@******.***
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Before I respond I need to know--what specifically do you mean by 'legal right'? A legal right for what?

Customer: replied 1 year ago.
can a elected board member form a committee walk my property make a judgement on how clean my 3 Acers should be, and if I don't act in 30 days I will be fined and my membership may be suspended. never in the 35 years have we had any problems
We pays dues every quarter. How can I handle this and how should I respond
Customer: replied 1 year ago.
It will be impossiable to do everything they want in less than 30 days. Do they have have the right to suspended my membership and fine me
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

My apologies but I do not engage in phone calls as it may violate my state bar limitations. If you wish to communicate directly, I can discuss via Skype as an additional service, but please be advised that it will not create an attorney/client relationship and I will not be able to represent you off-site. Or I can just type up my response. Please advise.

Customer: replied 1 year ago.
In our letter Proclmation
Board of directors with the power to conduct association business and to protect the harmony of the community by providing guidelines and procedures to address contitions that disrupt the harmony. Whereas the associoation has sent request for copliance for rules infraction, and allowed ample time for compliance and commmunication to correct infractions
Let it be resloved that the flowing schdedule of fime will be fowllowed.
Architectural violation $100 per occurence + $100 per month
Clean/up fire hazard untidy yards $100 per occurence +$100 per month
Unauthorized trailer/rv parking $100 per occirence per trailer or RV + $100. per month per trailer or RV
CC&R Violation not covered $100.. per occurence + $100. per month
All umpaid fines are subject to the association collection policy
Hear process (From 8.1.4 of the bylaws)
After owning the property for 35 years can a board come in and demand all these changes and force a high fine on us
Customer: replied 1 year ago.
Letter was sent Aug10 just recieved it today Aug 14 as said impossible in do all that they are requireing us to do
Customer: replied 1 year ago.
We would have to hire a Gardner to have pine needles cleaned every month. the cabin is in the forest. and we only go there a few times a year.
Customer: replied 1 year ago.
please type a response on how I should handle the manner. or what I should do. this is so crazy
Customer: replied 1 year ago.
good morning can you give me any advice on how to handle this matter waiting
Expert:  Dimitry Esquire replied 1 year ago.

Good afternoon. I apologize on the delay, I was offline. Do you still require assistance at this time?