Legal Question in Real Estate Law in Virginia
HOA dispute
So the situation goes as follows. My mother is out of the country for work with the US army. I am taking care of her rental property while she has been gone. I got a letter from the HOA stating that some repairs needed to be made to her property. I made the repairs, made them aware of her absense, and the finished repairs and they said they would pass that info along to the board of directors. They also mentioned that something else needed to be done. I told them I would gladly take care of it, but that I needed it in writting, like the first list of repairs that needed to be made. It was never furnished in writing nor was I given a date that I needed to have it done by. They held a board meeting and voted to assess me a fine of $10 a day and neglected to contact me about the boards decision and continued to charge my mother until a month and a half later, when I recieved a letter (i am also getting my mothers mail, fwd) addressed to my mother about the outcome and how she was already delinquent. No mention of this prior to that day. I went to the office to dispute the charges the staff told me they could not disclose any info. I paid the fine and was told to go to the meeting. do i have a chance at winning in small claims court?
1 Answer from Attorneys
Re: HOA dispute
Yes, I think you do. It depends upon what the HOA documents say, of course. But for one thing they have taken action while your mother is on duty with the military overseas. Their action is void, and should be invalidated. Furthermore, if they did not notify her of any deficiency in writing, they cannot take action based on it.
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