Legal Question in Credit and Debt Law in California
My HOA started imposed fines in 2001 which I paid, I recently found a letter in my records from Management Co. stating that they mistakely sent my letters to a different address and did not notify me of the initial hearing and would not imposed fines for violation of CC&R's. They said they would have a 2nd hearing which they didnt (all letters refer to 1st hearing date) but over the years have continued to pursue me for fines, costs, interest and attorney's fees. Would I be able to recover any of these costs and stop them from continuing to pursue me for these?
1 Answer from Attorneys
This really requires a lot more facts to answer. As a general rule, if the HOA did not follow its own established rules-enforcement procedure, then it may be grounds to set aside the fines, but again, this requires a lot more information. To be honest, disputes with HOAs are often not capable of easy answers, and you would be well advised to buy an hour or two of a local real estate or HOA attorney's time to discuss this in detail. While this forum is designed to provide some general information and help guide you in how to deal with the problem, I can just tell you that even with a lot more facts, matters such as this probably require an attorney reviewing more facts, and documents than can be provided here. Do, however, feel free to post more details so someone can look at and address the question.
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