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Here is a nice convoluted one for you. I rent a home in a…

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Here is a nice convoluted...
Here is a nice convoluted one for you. I rent a home in a community with an HOA. Two weeks ago I receive a certified letter from the property management company with 5 weed violation notices that have occurred over the last 11 months. Apparently the owner of the property had a wrong address on file and never got the notices and just recently received them and have passed them on to the property management company. I'm now asked to pay $400 in fines for which I have not been able to dispute or to remedy in a timely matter. I would contest that they were any violations at all. What to do? Thx John
Submitted: 7 months ago.Category: Real Estate Law
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Answered in 3 hours by:
12/6/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 7 months ago
RealEstateAnswer
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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 7 months ago

John, good morning. Does your lease require you to maintain the property? If so, are you saying that you never received notice that there was an issue with the weeds since the owner was not receiving any notice of violations to pass on to you?

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Customer reply replied 7 months ago
my lease requires that I maintain the property and honor the CC&Rs of the HOA. Two weeks ago I received the 6 notices of the weed violation(s) from the property management company. I don't know if the owner did not receive the notices or just ignored them for the last 11 months. The only thing I know is I have only just received them and was not able to dispute or remedy the violation (if even valid) in a timely manner. Thx John
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 7 months ago

Thank you for the reply. If you have a duty to maintain the property, you should have known and been aware that this had to be done and one would assume, that the appearance of it would have alerted you to take care of it. Of course, a HOA does provide a warning and notice to cure, so you could argue that the owner/property management, had an obligation to share that with you and place you on notice, so it could be corrected. If they had the wrong address this is something which the owner needs to address with them and get them to waive any fees or fines, since they could argue they were never placed on notice. You could argue and fight with the landlord about them not placing you on notice and therefore you not paying whatever is owed since you never knew of any violation. The HOA is going to go after the owner, who in turn will go after you to pay it but you need to argue with them, that they never notified you of this and they need to find out why the wrong address was on record.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 7 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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