I have a question regarding HOA covenants and Board decisions.
Recently, I was accused of dumpster violations. The accusations went from "overflowing" the dumpster (by the property manager) to putting a "bed frame and other debris" into the dumpster (notice of fines assessed without a hearing) then to putting a "broken bed" into the dumpster (decision of the Board after a Board meeting). Also, the property manager quoted me a fee of $500 (when she called to harass me) then $50 fine and a $150 cost of removal (the cost of removal varies; they could not produce any records showing the cost of removal for the bed frame; I requested that because I was confident that there was no bed frame in the dumpster). In other words, the HOA was very inconsistent. It sounds like they have a complainant without a written report, so his or her story changes throughout the whole time as well. I went to a Board meeting to refute the allegation; but only 2 board members were there, along with the property manager. A couple days later, I received a decision from the Board that they would NOT waive the fees. They did not explain why or present any evidence. (They did not present any evidence either at the Board meeting). They gave me a few sections of the CC&Rs that said the Board decision is final and I need to pay the fine within X days and a provision that states that I need to pay the association back for maintenance and repair costs due to any negligence or willful misconduct that is not covered by insurance. My questions are: Could I still dispute the Board's decision, or is that decision final? Could the Board fine homeowners without presenting written evidence? Don't they need to show negligence or willful misconduct? Anything I could do since there is no notice or hearing before I was fined?
Other facts are:
A. The Property Manager acts like she is a member of the Board and her opinion dominates the Board. She told me I was guilty a few hours before I met with the Board. Even when I met with the Board, she's making decisions already.
When the property manager first called me, she sounded very pissed off, and conversation started like this:
PM: Did you moved?
Me: Yes
PM: Was something thrown away?
Me: Yes, a bed frame.
PM: I am....HOA property manager, and you are fine $500.
Me: Why?
PM: Because you overflown the dumpster and threw trashes of bag in there. We had to hire a company to remove those items.
Me: I moved out already. The house was just off the market, and they are staging furnitures. There are no bags of trashes.
PM: Tell the Board. Tell the Board.
Me: Could I have the receipt of the list of the items from the garbage company?
PM: Yes. You will receive a bill in 2 weeks that you need to pay. I will provide a receipt itemizing the items in the dumpster.
I managed to get the Board's e mail, and the Property Manager hang up on me when I asked for more details regarding the violation and the items in the dumpster.
Thereafter, I received a series of written threats from her.
B. I presented evidence at the Board meeting showing why I did not dump the bed frame in the dumpster. Because they are staging furnitures, my realtor drafted a letter to the Board explaining that there are no trash and debris in the house because she was showing the house/ the house was in the market for sale, and that I might have mentioned that a bed frame was thrown away, because she dumped a bed frame away after it was returned to her. Basically, it was raining, the rain destroyed the cover of the bed frame when it arrived at her place; so she wanted it to be broken down and thrown away; but she did not throw it in the association dumpster since the bed frame was transported to her place already. I also provided evidence that I have moved out completely already: change of address, MLS listing, etc.
C. Anyways, the Board did not explain at all why they did not waive the fines. The Property Manager could not produce the itemized list from the garbage company. They did not have pictures, although the property manager claimed that there were pictures on e-mail(I think she was threatening me). They kept saying that they needed to check with the person who complained, so I dont think they have a written report. And the person who complained said that 6-8 people were moving stuff, so he or she is clearly making stuff up.
I also told them that they need to provide notice and a hearing before they could fine. They ignored that also.
1. Do I have a right to know the basis of the Board's decision? What are my recourse?
2. Could I still dispute the Board's decision, or is that decision final?
3. Could the Board fine homeowners without presenting written evidence?
4. Don't they need to show negligence or willful misconduct?
Recently, I was accused of dumpster violations. The accusations went from "overflowing" the dumpster (by the property manager) to putting a "bed frame and other debris" into the dumpster (notice of fines assessed without a hearing) then to putting a "broken bed" into the dumpster (decision of the Board after a Board meeting). Also, the property manager quoted me a fee of $500 (when she called to harass me) then $50 fine and a $150 cost of removal (the cost of removal varies; they could not produce any records showing the cost of removal for the bed frame; I requested that because I was confident that there was no bed frame in the dumpster). In other words, the HOA was very inconsistent. It sounds like they have a complainant without a written report, so his or her story changes throughout the whole time as well. I went to a Board meeting to refute the allegation; but only 2 board members were there, along with the property manager. A couple days later, I received a decision from the Board that they would NOT waive the fees. They did not explain why or present any evidence. (They did not present any evidence either at the Board meeting). They gave me a few sections of the CC&Rs that said the Board decision is final and I need to pay the fine within X days and a provision that states that I need to pay the association back for maintenance and repair costs due to any negligence or willful misconduct that is not covered by insurance. My questions are: Could I still dispute the Board's decision, or is that decision final? Could the Board fine homeowners without presenting written evidence? Don't they need to show negligence or willful misconduct? Anything I could do since there is no notice or hearing before I was fined?
Other facts are:
A. The Property Manager acts like she is a member of the Board and her opinion dominates the Board. She told me I was guilty a few hours before I met with the Board. Even when I met with the Board, she's making decisions already.
When the property manager first called me, she sounded very pissed off, and conversation started like this:
PM: Did you moved?
Me: Yes
PM: Was something thrown away?
Me: Yes, a bed frame.
PM: I am....HOA property manager, and you are fine $500.
Me: Why?
PM: Because you overflown the dumpster and threw trashes of bag in there. We had to hire a company to remove those items.
Me: I moved out already. The house was just off the market, and they are staging furnitures. There are no bags of trashes.
PM: Tell the Board. Tell the Board.
Me: Could I have the receipt of the list of the items from the garbage company?
PM: Yes. You will receive a bill in 2 weeks that you need to pay. I will provide a receipt itemizing the items in the dumpster.
I managed to get the Board's e mail, and the Property Manager hang up on me when I asked for more details regarding the violation and the items in the dumpster.
Thereafter, I received a series of written threats from her.
B. I presented evidence at the Board meeting showing why I did not dump the bed frame in the dumpster. Because they are staging furnitures, my realtor drafted a letter to the Board explaining that there are no trash and debris in the house because she was showing the house/ the house was in the market for sale, and that I might have mentioned that a bed frame was thrown away, because she dumped a bed frame away after it was returned to her. Basically, it was raining, the rain destroyed the cover of the bed frame when it arrived at her place; so she wanted it to be broken down and thrown away; but she did not throw it in the association dumpster since the bed frame was transported to her place already. I also provided evidence that I have moved out completely already: change of address, MLS listing, etc.
C. Anyways, the Board did not explain at all why they did not waive the fines. The Property Manager could not produce the itemized list from the garbage company. They did not have pictures, although the property manager claimed that there were pictures on e-mail(I think she was threatening me). They kept saying that they needed to check with the person who complained, so I dont think they have a written report. And the person who complained said that 6-8 people were moving stuff, so he or she is clearly making stuff up.
I also told them that they need to provide notice and a hearing before they could fine. They ignored that also.
1. Do I have a right to know the basis of the Board's decision? What are my recourse?
2. Could I still dispute the Board's decision, or is that decision final?
3. Could the Board fine homeowners without presenting written evidence?
4. Don't they need to show negligence or willful misconduct?