HoA violation fines

[Prateek Bansal]

Hi,

I was charged $2000 HoA violation fines and now a debt collector has started sending me notices.

I was never notified of these violations (removing pallet board from backyard and repainting the home) in time as they kept sending me notices to my old mailing addresses. I got to know about this from my tenant and took the right action to 1) get the right mailing address and 2) address the two violations however it was too late and now I am incurred with $2000 fine + debt collector charges.

First I have heard about many other homeowners complaining about these violations were unjust. For example the house was in pretty good state and even the tenants didn't feel that it required repainting however I still went ahead and got this done. Second, when the notices are sent to the incorrect address, the post office generally notifies the sender about the correct mailing address however there were no actions taken by the HoA management team on this. Considering I was never notified in time, do I have a case here to dispute these charges?

I would appreciate any guidance here. Thanks in advance!

[Greg M.]

The USPS does not notify the sender of the changed address unless the sender requests and pays for this added service. 

It is likely up to you to make sure your current address is on file with the HOA. However, check your local laws. In CA, HOAs are required to request contact and legal representative info from the homeowners annually. Maybe something similar is in FL? If so, that may be your out.

My guess is that the HOA did everything correctly and your failure to provide the new mailing address caused this. I'm on multiple HOA Boards. Saying things about the fines being unjust, or that other homeowners are complaining, or the reason for the violation didn't really need to be corrected, etc, is just going to get me to close my ears to what you have to say.

I would request a meeting with the Board (by Zoom if necessary), be extremely apologetic about the issues, and explain that you must have forgot to give them the forwarding address. "I'm sorry, I thought I gave you my new mailing address, but maybe it slipped my mind." You admit responsibility. Then you tell then what you did and ask for forgiveness. "As soon as I learned of the issues, I had the pallet removed, and as you can see I did have my unit repainted. I'm sorry about all the issues this miscommunication caused. Would the Board consider waiving the fines and fees. It would really help me out financially."

My guess is that they will remove the fines, but you will have to pay the collections fees. That's what we do as the collection fees have to be paid by the HOA.