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What can I do about an HOA who is retaliating against me for asking them to fix something?

Andover, MN |

I am a rental owner of several properties. I asked the HOA to fix a crumbling patio slab on 2 separate occasions. Last year I was given a violation for the garage floor crumbling. This year when I asked for it to be repaired again, as the other townhouse surrounding mine had theirs repaired and my renter asked for it to be done. I was again issued a violation for a child's pool outside when it was 90 degrees outside, then came back to see if it was gone and gave me a $50 fine for a bbq grill outside. These items are to be put away and not left out. I have not problem with that, except my renters are not the only ones who have things out and I was never given any response to my original request of the crumbling concrete. They refuse to respond to any calls or emails. What can I do?

Attorney Answers 2


Pay or sell your units or change the rules or run for office for the HOA or sue in small claims court after you pay.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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I work primarily in the area of HOA law. Association's cannot levy fines in discriminatory or arbitrary manner. Additionally, prior to levying a fine under Minnesota law they are required to give notice and an opportunity for you to request a hearing on the matter.

It is also always a good idea to check your association's governing documents in order to determine the maintenance responsibility allocation for certain items. Depending on where the patio and garage floor is and whether it is a condo or townhouse style association, that item may not be the association's responsibility to repair.

One thing to also be aware of is that the owner of the unit is responsible for everything their tenants do, and they are responsible to make sure tenant's comply with all the association's governing documents and rules and regulations. It is usually a good idea to include language in a lease which requires tenants to be in compliance with the association's documents and states that tenants will agree to pay any fines for violations.

If you are not being provided notices prior to fines and you believe the association is not making repairs that they are obligated to make, you may want to contact an attorney.

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