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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19632
Experience:  B.A.; M.B.A.; J.D.
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The HOA never sent out a request to me for information

Customer Question

The HOA never sent out a request to me for information regarding my tenants. They instituted a new rule in January of 2016 and did not send out a notice according to their records until April of 2016 via email. I never got an email from them. The only notice I got was a letter stating that I had a fine. Prior to the notice of the fine, I contacted them abut access to the pool and was informed that they violated the home for having an outdated mailbox. They fined me 25.00 plus 25.00 for collections and denied pool access. It was then that they realized that despite my notifying them of my new address and the tenancy at the home, they mailed notice of the violation to the property. The matter was corrected and I was told in writing that the fine was removed.This took place between June (when I asked about the pool access, got a bounce back email as they changed community managers and did not notify us and send a query through their website to which I also got no reply). I found out after calling (stalking) the office that the manager had changed recently and the new manager would contact me.
I spent a month going back and forth with her and received a notice on Sept 7 saying I still had a fine. I had gotten a notice before that and received a reply from her on 8/27/16. In that reply she confirmed the fee was waived. I wrote her on the 7th to say I was again unclear as to why I still was getting a notice of a fine. She again said it was removed. Subsequently I get a letter in December telling me I now owed 2758.64. I wrote them again only to be told that the lady I spoke to in Sept was no longer with the company and someone else would get in touch. I heard from the new person who said she was researching it. I then get an email from a fourth person who says she is the leasing specialist and I am being fined what is now 3500.84 for not having submitted documents. I never received any documents and had no idea what she was referring to. She send the papers, I fill then out and send them back in two days. I inform her that I am appealing the fine because I was never notified. This was 12/20. On today I email her ahs first she says I never filed an appeal. I resend the email with the appeal. She then writes back 3 hours later saying the appeal was denied. The HOA is now moving to garnish me. How can that happen when there has clearly been no due process or even consistency on their part?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: GA
JA: Has anything been filed or reported?
Customer: Not to my knowledge.
JA: Anything else you want the lawyer to know before I connect you?
Customer: They are fining me 3500.84 and sent out an email today to say that they are garnishing people who have fines
Submitted: 9 months ago.
Category: Legal
Expert:  Phillips Esq. replied 9 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 9 months ago.

I am sorry to read about your difficulties.

HOA simply should not do what they just did to you. You escalate the matter including your e-mails regarding the issue to the HOA Board and request for immediate hearing on your concerns. Otherwise, if HOA files the lawsuit against you to try to force you to pay, it is likely that HOA would lose and HOA would be responsible for paying your Court costs based on the information that you have provided here.

You may also take pre-emptive action and file lawsuit against the HOA for the illegal fees. You can file this lawsuit at your local Courthouse. The forms for filing the lawsuit are available in the Clerk's office.

Goodluck with your case,

Customer: replied 9 months ago.
I am sharing the last email I received. They also sent out a message stating "All accounts with balances submitted to Legal for judgments/ garnishments" Can I loose my paycheck without notice?
Customer: replied 9 months ago.
The address they claim to have sent the notices to expired a year and a half ago (I have mail forwarding). The problem with their claim of sending notice to this address is that during the same period they were sending notices about the mailbox to the house adddress. The tenants received the notices addressed in my name but neglected to inform me. Why would they send one fine to one address and another fine to a different address (neither of which were correct). Of course I was only informed that the notices were sent and where after repeatedly stating that I had not received anything other than the bills I disputed.
Customer: replied 9 months ago.
I am very alarmed and concerned that I will loose my paycheck over their nonsense.
Expert:  Phillips Esq. replied 9 months ago.

Thank you for the additional information.

My answer remains the same.

Best wishes,