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End of may received a letter and picture of a small area in

Customer Question
my lawn with no grass...
End of may received a letter and picture of a small area in my lawn with no grass due to drought by my hoa. We called and told them we would seed and water it. They gave us a 60 day extension. Grass grew within time frame. Never heard anything until today that a hearing was held and approved a 1000 fine. Can I fight this or am i at their mercy
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Hillsborough county florida
JA: Has any paperwork been filed?
Customer: Not legally just a letter we received today stating to pay 1000 within 15 days or will be handled thru their attorney wiyh court fees
JA: Anything else you want the lawyer to know before I connect you?
Customer: If there was a hearing shouldnt we have been notified via cerified mail so we could of attended to show pictures issue wss resolved
Submitted: 1 month ago.Category: Real Estate Law
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Answered in 2 minutes by:
10/17/2017
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,724
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Was there anything in the notice that stated that you have to contact them with proof that the problem was remedied by a certain time?

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Have you reviewed your Bylaws to see what the process is for an alleged violation of the CCRs or rules?

.

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thanks

Barrister

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Customer reply replied 1 month ago
No to both questions
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

Ok, then I would agree with you that you should have received some additional notification if they felt that the violation was not cured within the stated time with an opportunity to appear and address any concerns..

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But the process will be spelled out in the Bylaws as to what the Board has to do in the case of an alleged violation as well as any appeal process. So you need to get a copy of your Bylaws and then see if there is a specific appeals process set out.

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If not, then you need to send a certified letter to the Board immediately stating that you are disputing their claims that you did not cure the problem, submit photos of the cured area, and request an appeal from the improper judgment of the Board.

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There should have been some amount of notice sent to you prior to any hearing and if they didn't follow the rules set out in the Bylaws, then any decision was improper and you can challenge it in court if they try to enforce any fine..

.

.

thanks

Barrister

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Customer reply replied 1 month ago
Thanks
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

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Thanks much

Barrister

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Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,724
38,724 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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