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I need help with a home .. We live in Lexington Sc. and the…

I need help with...

I need help with a home ass.. We live in Lexington Sc. and the roads in the neighborhood are maintained by nthe county. Can they fine you for parking in the street when the county says you can park there?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Not this time. Money is so tight. Im diasabled and live on my S.S. and my son got really sick and need a kidney transplant so he and his family moved in with us. He also has a heart condition so every penny goes to just tring to pay medicine and bills.It does not matter that you send them a email,which they now say you have to do to rebuff the call they got saying you did something wrong. When we moved in here the fees were around a $100.00 a year and if you were going to have company for more then 24 hiours you had to call and leave a phone message letting them know. in the last couple of years they changed that I guess and you can no longer call and leave a message. Problem is that I do not own a computer as does not 2 of my neighbors. So I have tyo borrow one from one of my kids, We have no over flow parking so if you have guest they park in your driveway or the street. and every time we have company they fine us even thow I tell them we did not park in the street over night all night. Now they put a lein on my house for fees that I should not have to pay.

Lawyer's Assistant: Have you talked to a SC lawyer about this?

We hired one years ago and we have followed the rules they set fouth to us then,but still if ever we have company and park in the street day opr night we get fined even if we do what they ask, we or always guilty no matter what.. If we have company or if a home health nurse or the P.T comes we always park one of our cars in the street because they have tried to have only our car towed,or egged the cars paint balled them stuff like that. there were 4 other cars in the street on the day we stopped them from towing the car,but only we were called on to be towed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I would like to know can they fine you for parking in the street that are maintained by the county. And where do you have company park if you have no where to park other than the street.

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Customer reply replied 1 month ago
we do not live in a gated community. And there is no where in the neighborhood where there is extra parking.
Answered in 23 minutes by:
3/23/2018
DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 335
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help - Generally speaking if you live in a community that is governed by a home owners association - those rules and regulations cover everything within the community

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Customer reply replied 1 month ago
Which means what? That they can fine you every time someone calls in on you even if you can prove you did nothing wrong?

No - HOA fees and fines have to be specifically tailored to the infraction and the HOA must be able to prove the infractions. Also, the fees and fines can not be excessive.

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Customer reply replied 1 month ago
this is the last email I sent them and yet they still fined us On Tuesday, January 2, 2018, 4:04:25 AM EST, ***** ***** <*****@******.***> wrote:My name is***** and I live at 127 Flinchum Place Lexington,sc I dont even know why I am even sending you this text because it does not matter either way you still fine us every single time anyway weather we tell you the truth or not. But I am only doing this once for my records and for any future decission we may make. First of all I called your office back in the first week of Dec. when my grandmother came to visit and had a stoke and was put in the hospital for a few weeks.At that time I told you we may have company off and on while she was in the hospital. I also told you at the time that if anyone was going to be here and we had to park one of our cars into the road for more than 2 nights I would call you to let you know. I also informed you ONCE AGAIN that we do not own a computer,and we still do not own one.You told me to send you a text from my phone to remind you,which I did and still have a copy of on my phone. So to send you this I am using a family members computer who has come as we having to move my grandmother into an rehabilitation center tomorrow. So here it is in a nut shell.... I am disabled with a spinal injury and I also have a son with a heart condition and who also had a kidney transplant a few years back just to name a few of his medical problems,but his heart is my main worry . Im telling you this so to tell you how and why we have cars durning the day mostly that may end up in the street. We have a home health nurse who comes a few times a week and sometimes at night if we have a medical problem come up. We also have Dr. Phil or Dr. Sarah who come to check on my son at the house. And the last medical person is physical therapist who comes 2 or 3 days a week. when they come if by chance all of the rest of my family is home we move one of our cars in the street for a few reasons.1.because peoples cars have been egged when they have come to visit people in this neighborhood 2.cars have been broken into 3.kids have ridden their bikes and scratched peoples cars,hit them with balls,ect... so if any car is going to be damanged in anyway I would hate it to be someone who came out of their way to help us. But we always chose the person who leaves for work first car that we put into the road. Now the reason for this text.. I dont know who in your office called a tow truck and tried to tow my daughters car which had been parked in the street at around 1:50 pm when she came back from the doctor with my grandson who was sick. She parked there because a neighbor was getting some furniture delivered and the truck had blocked our driveway,which you can call her and ask her if Im telling you the truth. It was a rooms to go truck and it Ms.Garcia.Not that it should matter because it was durnning the day, She had to leave for work at 4:30 pm at which time she caught the tow truck driver and he said at first the home owner called but called his dispatch and was told it was the HOA. Funny thing about that is he looked up and down the street and there were 4 cars parked in the road right near my house and he was ONLY called on my house!!! He said "he use to deliver mail out here and people park in the street because there is no where else you can park cars if you have guest, And that he could'nt believe you were harrasing us like that." I also called the sherriff dept. and he said same thing and that I should file a civil complaint. So here is the truth (because of all the crap over the years) if we or going to have over night guest for more than 2 nights we use Wendy's,Joann's, Izzie's,Sandra's or 3 other nieghbor's driveway. My one son is on 3rd shift and he leaves here anytime between 8 pm.-11 pm. and come home around 8am. to 12pm, so most of the time is doesnt matter unless the nurse comes and stays over night, our someone in my family come in town.
The only other time is when one of the twins who come, nights mostly,sometimes durning the day to watch a movie with my sick son,play a game or just hang out. One of them owns the black jeep,which you keep fining me for everytime they come over now, they use to take turns coming over so one of them would come almost everyday or every other day, One has a green ford,but he has also met someone so we do not see him much any more. But both of them OWN their own homes,one off of exit 51 and one past there towards Batesburg/Leesville. Last yr when I sent you an text when ONCE again you fined us even though I told you they DO NOT LIVE HERE, and 99% of the time when they do come they leave any where between 11pm and 5am. Both work for Lexington County as does their mother whom they went to over this and she went to her friend who is a county attorney who told her to tell me to let you know that they do not live here. But yet you STILL fined us.
Years ago when the drunk people accross the str
Customer reply replied 1 month ago
I dont have money to throw away,Im struugling to stay afloat now. But my neighbors who live right around me will back me up and write staements that we have not broken the rules and that we puse thier driveways and that them fill as we do that we are be singled out all the time. I just want it to stop.

I would contact a civil attorney and sue the HOA in small claims court for harassment, back fees and fines, and all attorneys fees you have had to pay out. With the evidence of your neighbors and what you have told me that would be my next step.

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Customer reply replied 1 month ago
Ok thank you so much..

Can you please rate my answer with 5 stars

DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 335
Experience: Partner at McCollum Hodgkinson, P.C.
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I wish you all the best in this difficult situation.

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