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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99475
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Received ltr fm a lawyer stating that violations ie

Customer Question

Received ltr fm a lawyer stating that violations ie conducting a business and illegal parking had to be corrected within 10 days. Cost of letter is $375. The tenant affirms that he is not conducting any business from the house or illegal parking. I originally responded to the allegations with a ltr to the hoa stating what the tenant had told me and stated that the allegations amounted to harassment. No hearing before the board was done and I want to know if I am obligated to pay this fee. The hoa is located in Homestead florida
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. You are not obligated to pay the fee if you believe that the fee is demanded due to baseless allegations. Per most HOA bylaws (and you would have to check yours), you have the right to request a Board hearing on the matter. It is not clear if you did or not. If you have not, you may wish to do so. If you have and this has been denied (whereas the bylaws allow one to request the hearing), then you can file suit in Court to force the issue.

Ultimately, the matter will rest on whether or not the allegations are indeed true, and the onus would be on the Association to prove it.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 3 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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