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The HOA has raised violation fine from $100 to $500 for each…

Customer Question
The HOA has raised...

The HOA has raised violation fine from $100 to $500 for each violation. My adult son and his friends don't always follow the rules but since I am the owner I am responsible for what people do here. But can they raise it to $500? I recently was told I owe 2500 plus late fees. The violations only says Health and safety - trespassing.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Nevada

Lawyer's Assistant: Has any paperwork been filed?

No. I'm going to the board meeting in February

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

There have been a lot of violations by my son and friends but it's only what the HOA says they never show proof

Submitted: 7 months ago.Category: Real Estate Law
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1/2/2018
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,054
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.

.

The Bylaws control what the Board can and can't do so if the old violation fines were $100, as stated in the Bylaws, then they would have had to have put the matter to a vote of the members if they wanted to change the Bylaws to increase the penalties to $500.

.

If they did, then they can impose the fines if they have proof of a violation. If not, then they can't.

.

So your recourse here is to challenge any claims of violations and demand to see any proof that they have for them. If they can't prove that the fines are legitimate, then they can't impose them..

.

.

thanks

Barrister

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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