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I am being harassed by an HOA with made up violations and allegations.

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Finally they fined me and...
I am being harassed by an HOA with made up violations and allegations. Finally they fined me and I refused to pay. I attempted to get support from local lawyers by going down the list in the yellow pages and all said they didn't take HOA cases without hearing my situation.
I've got five years of threats for not paying annual dues which were made after they'd already cased my check. Numerous allegations of lawn violations which were made the day after lawn work had been done.
They tried to force us to stop doing our own landscaping and only use contractors on their approved list. We protested this and the following week we had a new rule, residents are not allowed to tell others about communications with the HOA.
We tried voting them out and won with a majority vote and the HOA board told us they'd only accept a 100% vote against them.
What are my legal options?
I can provide a complete package on the situation.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 20 minutes by:
6/23/2010
Real Estate Lawyer: Lucy, Esq., Lawyer replied 8 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
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Lucy, Esq. :

Hi, my name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Lucy, Esq. :

Unfortunately, condominium law is very pro-assocation. That means that, even if they have charged you a fee that you dispute, you are required to pay it (write "under protest" on the check), then sue for reimbursement.

Lucy, Esq. :

Even if the fees are bogus, if you refuse to pay, you could find yourself hit with interest, late charges, and attorneys' fees for not paying them on time. I know it's unfair, but that's the way the law works.

Lucy, Esq. :

Regarding the vote - unless the Condo documents say that a 100% vote is required to replace trustees, which would be completely ridiculous, they need to step aside. You can bring an action for a declatory judgment that they need to step aside as Trustees.

Lucy, Esq. :

Because the law of condominium associations can be very technical, it can help to hire a lawyer. Go to http://www.martindale.com, and see if you can find a lawyer in your area that specializes in condo law. Otherwise, the Colorado Bar Association has a service that may help.

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