A HOMEOPER sought help dealing with an HOA issue resulting in multiple $10 fines for cars parked outside his home.
Despite proof that they did not belong to him, they were still fined.
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A homeowner sought legal advice after strangers parking in front of his house was starting to cost him money following a rule change that made on-street parking illegal.
So when your neighbor’s visitors parked in front of your house, they would get a $10 ticket for every day a vehicle was on the street.
They indicated that they had spoken to the HOA and even provided photographic evidence that the vehicles did not belong to them, but the fines were still issued.
“I’ve lived here for 15 years, people park on the street every day,” said the survey on Just reply Legal.
“The HOA administrator says she has no way of knowing who owned the vehicle. To stop the fines, I took a photo of the front of my house.”
They wrote, however, that if they weren’t home and someone parked in front of their house, the fines would start piling up again.
“The frustration is coming home every day with several cars lined up going down the street, but I’m being fined,” they wrote.
Later in the discussion, the owner stated that he had requested a hearing, but nothing came of it.
After a few more general questions, the lawyer replied that before paying a lawyer and fighting in court, there was a cheaper option.
“It is not uncommon for an HOA to assess fines or require actions that are a misinterpretation of the rules, a mischaracterization of the rules, or are just plain wrong!” the lawyer replied.
“In theory, you can sue for breach of contract. The allegation here is that the HOA is violating the terms of the agreement by stating that the fines, sanctions or warnings are being improperly applied.”
He continued to state that while the legal fight would not end in monetary relief, it would prevent fines from occurring.
Before things got too complicated, the owner was encouraged to deal with the situation with a simple letter.
“You might consider just writing a formal letter of demand,” the lawyer continued.
Can an HOA prohibit on-street parking?
According to a North Carolina lawyer, an HOA retains the legal right to park anywhere — even in a homeowner’s garage.
The truck, says HOA attorney Mike Hunter, is the deed that homeowners sign when they buy a home within a subdivision.
“If you buy a home in a deed-restricted community, you are required to comply with those restrictions,” he told Charlotte Observant.
“If restrictive covenants say you can’t park on the street, the council has a legal duty to enforce that.”
Many states are passing laws to limit the power of HOAs, although most states still grant HOAs to enforce their regulations, restrictive or otherwise, in any way they see fit.
Read more here.
“You’re just waiting for the court to decide you’re not responsible. So this means if they are charging you for something that was your fault, then it’s time to send them a demand for them to correct their record.
He provided a link to a website that creates legal letter templates for the homeowner to use at a low cost.
“Lawyers often use letters like these to assert their clients’ rights,” he said.
“It only costs $12 and is about 90% cheaper than hiring a lawyer to do it.”
This story originally appeared on The-sun.com read the full story
