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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2169
Experience:  Practicing Attorney with 10 years experience
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I am having an issue with my HOA Basically I bought 2

Customer Question

Hi I am having an issue with my HOA
Basically I bought 2 investment condos in the same week close to a year ago.I decided to list one of the condos on Airbnb as a temporary rental. I did not know that this was against the HOA's By laws because they had never provided them to me.After a few months, I received a lawyer letter from my HOA saying that I was to take down my listing or else I would be charged $300/month for non compliance.I called the office a little upset since this was the first time that I was hearing about this and after a while we basically came to an agreement where the fines would be waived if I take down the listing. She did say that the one month of September fine might not be able to be waived but that she would have her superior give me a call.Then I never received a call so I assumed that they would have dropped the fines...BUT NO! I went to the office months later to pay my routine HOA fees and they said that I actually owe over $3,000, they had been fining me for both properties because they said that I was in violation of their by laws for not signing the by laws which they never gave me notice of.Now I have been asking who I can speak with in order to get these removed. The office gave me an email for a woman. I emailed this woman and she says that she does not have the authority to remove the fines.I ask who doesNo replyI repeatedly ask for this persons contact info ever few weeks for months via email with no reply.What do you recommend that I do...There is no way this could be legal? Should I file suit against them in small claims?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Asad Rahman replied 1 year ago.

I am very sorry for your trouble. You should first ask to speak and schedule time to meet with the elected HOA Board. They have the authority to remove the fines. If they do not then you may have a claim in small claims court for breaching the original agreement.

Expert:  Asad Rahman replied 1 year ago.

Let me know if you have any more questions otherwise a positive rating is appreciated.