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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31567
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My daughter and I own a condo in Orlando, the board

Customer Question

My daughter and I own a condo in Orlando, the board president on the HOA since day 1 has given us a hard time from taking two months to give us an approval when we purchased, to parking in my daughter assigned parking spot and when the tow company was called they said the only one authorized to call was the HOA president. My daughter has a companion dog and we provided the president back in August the companion certificate. Now all of the sudden we receive a letter from the HOA attorney stating that the dog is illegally there with false accusations that we don't pick up after the dog and that the dog barks. Stating the dog needs to be out of the community within 30 days and are charging us 525.00 for sending us this letter. It's not a fine just the cost of the letter. Is this a legal charge? In addition because of their constant harassment I have opted to sell the unit. The HOA/attorney is charging us 250.00 for an estoppel fee but another 150.00 to transfer the HOA file from our name to the new owners name, is this legal?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

HI - my name is Roger and I'll be glad to assist.

I'm sorry for your issues, but all too often, HOA's are run like dictatorships....and it sounds like you're involved in one right now.

Expert:  Roger replied 1 year ago.

As for whether or not these fees are reasonable or proper/legal, you would have to look to your bylaws or CC&R's to see what they say about these assessments. There should be provisions that address these issues and you should be able to see whether or not the bylaws authorize the association to assess these charges to residents.

Expert:  Roger replied 1 year ago.

You could also ask the attorney for proof/documentation that shows the HOA is entitled to assess these fees to you and allow him/her to provide the relevant rules/provisions to you.

Expert:  Roger replied 1 year ago.

If there are no such provisions, then you could object to the assessments.....and you could even file suit against the association for breaching the agreement and seek a court order on the matter.