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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 34882
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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My HOA issued a warning letter stating parking violations by

Customer Question

My HOA issued a warning letter stating parking violations by us. They are not correct and we are diligent about these CCR's and I have requested proof of these violations so that we can address these head on. Do they have to provide proof? Without proof, I do not see how they can say that someone has violated a parking CCR, which is that no car/vehicle should be parked in front of the home for more than 24 hours per calendar year. All I want them to do is prove the allegation because I know beyond doubt that they are wrong.
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No I am trying to do this amiably. Since in the CCR the timeframe is specific to "24 hours per calendar year", then I would think that they would have to be able to provide documented proof of that time being used, or else it would just be the HOA rep word against ours.
JA: Is there anything else the Real Estate Lawyer should be aware of?
Customer: No
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and connect you two.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 7 months ago.

Good afternoon Heather,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Yes, of course, if the HOA is going to assert a fine or a penalty of any kind they will have to be prepared to prove the violation through documentation. Now, they don't have to prove anything to you personally until they actually fine you and then you sue the HOA to void the penalty based on lack of proof of the violation. Only in court is the HOA legally obligated to prove anything.

Now, most HOA's will gladly provide the proof at the time of the fine. But no law requires them to prove anything outside of a courtroom.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,


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