Can the HOA fine me for a storm-damaged fence?
HOA is charging me fees for a fence that fell in a storm. I had no money to pay until I got the insurance money.
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Here are some thoughts:
- Most CC&Rs make the homeowner responsible for maintaining fences, even if storm-damaged.
- If you promptly told the HOA you were waiting on insurance, charging extra fees without considering that delay might be challengeable under the duty of good faith and fair dealing.
- HOAs usually must give notice and a reasonable chance to cure before fines.
- If they didn’t provide clear notice of the amount, deadlines, or your right to dispute, they may be violating their bylaws or state HOA statutes.
- You can request a hearing or internal dispute resolution and submit proof of your insurance communications and repair timing.
- If fees were assessed without due process or piled on before a reasonable deadline, you could challenge them (e.g., small claims or through any state HOA oversight).
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HOA is charging me fees for a fence that fell in a storm. I had no money to pay until I got the insurance money.
Lexi, Chatbot
I’m sorry you’re dealing with this. Have you already told the HOA about the insurance payment?
Yes.
Lexi, Chatbot
Did the HOA give any guidelines about the payment timeline for those fees?
I don't know.
Lexi, Chatbot
Anything else the real estate lawyer should know before I connect you?
Yes.
Legal Eagle
Good afternoon.
Hi.
Legal Eagle
Here are some thoughts:
- Most CC&Rs make the homeowner responsible for maintaining fences, even if storm-damaged.
- If you promptly told the HOA you were waiting on insurance, charging extra fees without considering that delay might be challengeable under the duty of good faith and fair dealing.
- HOAs usually must give notice and a reasonable chance to cure before fines.
- If they didn’t provide clear notice of the amount, deadlines, or your right to dispute, they may be violating their bylaws or state HOA statutes.
- You can request a hearing or internal dispute resolution and submit proof of your insurance communications and repair timing.
- If fees were assessed without due process or piled on before a reasonable deadline, you could challenge them (e.g., small claims or through any state HOA oversight).
Legal Eagle
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