I have been targeted for fines, warnings, etc in my dwelling that are incorrect, such as basketball pole on street, hurricane shutters not taken down, potted plants in driveway and now saying my insurance has expired and I have been renewing and put HOA a secondary for past 3 years. I have sent emails, phone calls, snail mail, and fax, yet they still will not answer me and now i am being fined $50 and also possibly $50 a day until I go to a grievance committee and end of month
Sure; anyone can sue anyone for anything. The key questions, however, are always: 1) can I win? and 2) how much is this gonna cost me? Here, there is just no way to determine #1 on line; these are all pretty much fact-based determinations (i.e., did you, or did you not, violate any of the governing docs, did you renew your insurance properly, etc.). As for #2, that would depend on how far this goes. If you retain a good local HOA lawyer (always a good idea when dealing with an HOA) and you can establish you have done anything to justify being fined, etc., it could be very little to straighten things out; but IF NOT, it could spiral out of control, with mediations, and you filing relatively expensive petitions for declaratory judgments, and injunctions, "suing" the HOA, etc. (which is almost never the best way to go - alas, it happens every day). If so, worst case scenario, you could end up looking at as high as five figures with fees and cost (loser pays winners fees). Since it has gone this far, and there seems to be a disconnect of some sort - my suggestion would be to consult with and retain a good local HOA lawyer to attend the hearing with you and try to straighten things out so they do not go any further than necessary.
Hope this helps.
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I agree with Mr. Gaffney and would add you cannot sue the management company. It is well-established law you are not in "privity of contract" with the management company, meaning you are not a party to the contract. Only the HOA can sue the management company with the exception of if the manager actually battered you physically.
State law requires the committee to be composed of 3 members who are no relation to the board, the management company, any officers or employees. The fine cannot be imposed unless the committee votes to impose the fine. The committee must keep meeting minutes as well.
Your case will come down to evidence, which you can present to the committee. I agree you should have your own HOA lawyer to not only represent you, but make sure the committee does it's job correctly. Many of these committees have no idea what is expected of them.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case.
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