What should I do if HOA is charging me fees that I’m unable to pay until I get insurance money?
HOA is charging me fees for a fence that fell from a storm and I had no money to pay until I got the money from the insurance company.
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Under most HOA governing documents—such as Covenants, Conditions, and Restrictions (CC&Rs)—homeowners are typically responsible for maintaining fences on their lot or those designated as their responsibility, even when damage occurs due to storms or other natural events.
However, if the damage was sudden and you promptly informed the HOA that you were waiting on an insurance payout to cover repairs, then the HOA’s attempt to assess additional fees without considering your financial hardship or the delay caused by third-party reimbursement may be challengeable. This falls under the principle of good faith and fair dealing, which is implied in most contracts under state law.
Many state courts have held that HOAs must act reasonably and provide notice and an opportunity to cure a violation before imposing fines or assessments.
If the HOA failed to:
- Provide clear notice of the amount due,
- Define a timeline for payment,
- Inform you of your right to dispute the charges,
They may be in violation of their own bylaws or relevant state HOA statutes (e.g., California Civil Code §§ 5855 or 5675, or similar provisions in your state).
You may want to:
- Formally request a hearing or invoke a dispute resolution procedure under your HOA’s rules or state law.
- Provide written evidence showing your communication with the insurance company and when the repair was completed.
- Review whether late fees or penalties were imposed before a reasonable payment deadline.
If the HOA imposed fees without due process, you may be able to challenge the charges in small claims court or through your state’s HOA oversight agency.
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HOA is charging me fees for a fence that fell from a storm and I had no money to pay until I got the money from the insurance company.
Lexi, Chatbot
I'm sorry to hear about the situation with your HOA fees and the fence. Have you already informed the HOA about the insurance payment for the fence?
Yes.
Lexi, Chatbot
Did the HOA provide any specific information or guidelines regarding the payment timeline for the fees related to the fallen fence?
I don't know.
Lexi, Chatbot
Is there anything else the real estate lawyer should know before I connect you? Rest assured they’ll be able to help with your HOA fees issue.
Yes.
Legal Eagle
Good afternoon and welcome. Please give me a moment to review your question. Note that I am a hearing-impaired expert, so phone calls are difficult for me. Thank you for understanding.
Legal Eagle
Under most HOA governing documents—such as Covenants, Conditions, and Restrictions (CC&Rs)—homeowners are typically responsible for maintaining fences on their lot or those designated as their responsibility, even when damage occurs due to storms or other natural events.
However, if the damage was sudden and you promptly informed the HOA that you were waiting on an insurance payout to cover repairs, then the HOA’s attempt to assess additional fees without considering your financial hardship or the delay caused by third-party reimbursement may be challengeable. This falls under the principle of good faith and fair dealing, which is implied in most contracts under state law.
Many state courts have held that HOAs must act reasonably and provide notice and an opportunity to cure a violation before imposing fines or assessments.
If the HOA failed to:
- Provide clear notice of the amount due,
- Define a timeline for payment,
- Inform you of your right to dispute the charges,
They may be in violation of their own bylaws or relevant state HOA statutes (e.g., California Civil Code §§ 5855 or 5675, or similar provisions in your state).
You may want to:
- Formally request a hearing or invoke a dispute resolution procedure under your HOA’s rules or state law.
- Provide written evidence showing your communication with the insurance company and when the repair was completed.
- Review whether late fees or penalties were imposed before a reasonable payment deadline.
If the HOA imposed fees without due process, you may be able to challenge the charges in small claims court or through your state’s HOA oversight agency.
Legal Eagle
Does that make sense?
Legal Eagle
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