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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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We are in dispute with our HOA over three palm fronds which

Customer Question

We are in dispute with our HOA over three palm fronds which we did not cut down in time to suit the board and then did not dispose of them in the manner they wished. We are from the North, and unfamiliar with the HOA concept. Never-the-less we made an earnest effort to comply with their rules in a timely fashion. There are many nuances in this case which I haven't detailed - efforts made on our part seeking clarification and information, our ill health which prevented instant action, a lack of information about the accepted method of disposal - these and other details have affected our situation. Never-the-less the HOA is fining us over $500 for not doing as we were instructed soon enough to suit them. What should we do? pay this ridiculous fine, hire an attorney and go to court? Counter-sue for the many ways in which the HOA is breaking the law. We find ourselves baffled.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I am sorry to hear that you have run into one of the HOAs who rule their kingdom with an iron fist..

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Are there Bylaws or CCRs or other rules that state how often they are to be trimmed and disposed of?

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Are you disputing that you are in violation of these rules, if they have actually been set out in writing?

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Are there specific deadlines for trimming and disposing that are in writing somewhere?

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What is the HOA doing that is breaking the law?

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thanks

Barrister

Customer: replied 1 year ago.
We are in compliance with the rules 1)The regulations are vague nor have they been set out in writing with any specificity. There are no deadlines. 5) a0The President and Treasurer are a husband and wife - realtors - who have a fiduciary interest in the neighborhood ( they live in the neighborhood themselves and sell real estate which is located in the neighborhood. The husband formerly occupied our house but went into foreclosure.b) Activities of the board are not put into a written form. c1)the bylaws are not specific; there are no rules about palm fronds. 2)we are not in violation of rules because there is no designated time period. 3) the HOA is operating in a illegal manner because it is run by a husband and wife - realtors - who have a fiduciary interest in the neighborhood (They live here themselves and they sell real estate located in the neighborhood. They make regulations about ownership and rental of property in the neighborhood .) There are no minutes of board meetings and there is no readily available source of regulations.Barrister:Could we continue this conversation tomorrow? It is late and I would like to have my partner, who is asleep, participate.
Thank you, Jim0We have never received formal notice of our fine
Expert:  Barrister replied 1 year ago.

Sure, just reply back tomorrow and we can continue. i will be in and out of my office all day so I can't definitively say when I will be available to respond.

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But based on your comments, it wouldn't appear as though they have any legal authority to impose any kind of fine on you because if there are no CCRs or Bylaws that you are violating, then the Board can't take any punitive actions against you.

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thanks

Barrister

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