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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37026
Experience:  Texas Attorney for 30 years dealing in real estate
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Charlotte, NC HOA question: Just received a notice by

Customer Question

Charlotte, NC HOA question: Just received a notice by regular mail from HOA yesterday (dated 2/8/16) of a hearing to be held tonight regarding three violations. No previous communications on any matters since Aug. 2015 on a different issue, verified by a phone call to HOA call center staff. Have requested copies of any/all communications during 2015, do not believe any of those have to do with this matter. I am looking for suggestions to defend and avoid costs.
Claims:
1. Landscaping/tree removal. We removed trees without prior approval. Two trees were diseased, and limbs were falling off, onto the driveway, with risks of personal and property damage. One additional tree was removed to enable removal, and one more tree for appearance sake after the other trees.
2. A car is on jack stands. Was true, has been resolved. Have insurance on all vehicles. Each has a plate, but registration is not current on all.
3. Trash bags in the yard. Never true. There have been around a dozen retail 25lb bags of mulch (clear bags, with labels and branding) in a natural area visible from the street.
Letter states they will fine $100/day per violation.
The car is off the jack stands. Mulch has been moved so no longer visible from the street. Not sure how to respond on trees.
Seems like very aggressive action, with no prior communications on these issues.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.

You would want to appear and ask them to table this for say a month so that you may review the notices and other information and prepare to respond.You have not been given adequate notice and you can ask for more time to seek to review it with a lawyer and potentially resolve it with the HOA.

Appearing and asking for time is your best option to adequately prepare for these issues.You may also be able to challenge the allegations if proper notice was not received.You would argue due process here requires you have enough notice and time to properly prepare to respond here.I would ask for 30 days here at least to have time to investigate and prepare to respond and then do so in writing here prior to the next meeting.

By responding in writing you are able to clearly articulate your side of the matter and challenge anything factually that they have in notice letters that is incorrect or incomplete, etc.Alternately ask for mediation of the matters.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 9 months ago.

If you can positive rate it is always much appreciated.

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