Received notice, certified, as to a Association Fining Meeting with letter being postmarked on the 11th however was not retrieved from the post office until 7/17/18, after a failed attempt to deliver (we were not home) on the 13th. The meeting is for the 26th of July. I approached the HOA management and advised 14 day notice was not given however they have stated the meeting will move forward. Additionally, the neighborhood is under City work for a reclaimed water project and there are utility flags all over the yard (our yard has 61 utility flags). The Contract manager has already advised a large portion of our yard will be dug up and that it is a against state stature 556 prohibiting us that we are not allowed to move the flags due to utility line placement. I have reached out to the HOA to advise them of the above, asked them for direction on how to come into compliance prior to the meeting however no direction has been provided. Legally can they begin the fining process despite not giving the 14 day notice to us and the neighborhood under a city contract with construction ongoing.
720.305 only says provide 14 day notice, it does not specifically say like other sections from receipt. Nor is not being home to receive the notice an exception. And the 11th to 26th is more than 14 days. The second part there is no way to say online and you would need to hire an attorney. If the city is causing the violation and you have no way to remedy it, that would be a good argument to make the committee to deny the fine. And the fine already began, the committee is ratifying the fine the Board already imposed, not starting it running daily.
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I agree, it is likely a proper 14 day Notice, and the place to make any argument regarding your defenses would be at the hearing, not by "advising" them beforehand.
You will need to martial your evidence (e.g., that the City, not you, is SOLEY to blame for the alleged violation - and whatever you do, do NOT listen to a "Contract Manager" opine about a statute - unless he is a lawyer) and ) and to present any argument that you didn't receive adequate notice to the Fining Committee. There is just no one who can help you with that here on line, sorry. Someone needs to review your governing docs, and the notice, and investigate the facts you have posted, e and the facts ASAP. I suggest you retain a good local HOA lawyer ASAP and do yourself a favor, and get OFF the web.
Hope this helps.
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I agree with my colleagues, the notice would most likely be deemed mailed in sufficient time. The courts do not allow owners to argue they didn't claim the mail until later. You need to go to the fining hearing and present evidence of the city construction and the fact that it is out of your hands. Don't be surprised if they don't care. I have seen a HOA sue because the county had bulldozers, cranes and port-a-potties in someone's yard.
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