How much power does the HOA Committee have over governing the rules of residence in a condominium?

[eadweald71]

Okay so I decided to sell my home and move into, what I thought, was nice condo near the local ski resorts.

I am having some big-time issues with HOA committee at the complex for various rules and getting fined up to $300 on occasion with supposedly no where to go, but the HOA committee to seek a fair decision regarding violations.

The very first infraction I reciieved was for my gf having a dog in my condo for 5 minutes. We she walked up to my door with her dog on a leash. We planned on going out of town for a week, being a very cold November day, I invited her in, while I walked downstairs to get some stuff. They were in the place for 3 minutes tops. (C'mon, how can I tell my GF, "sorry, snookems has to wait on the porch, or chew your car up waiting in there). Came home and found a notice of violation in my mail for $50. At the time, I had no idea dogs were not allowed. :-/

Next, someone left a bicycle, on a chain, out in front of my building. That again, is in violation. I had no idea who this bike belonged to, and tried to explain. There was just a personal email address on the notice, and the statement, "please include all fines for violations in the next months HOA payment.".

I sent an email to the "personal email" address. It was something like "[email protected] ". About three weeks later, I received another notice of violation. Stating an additional $30.00 was added for late payment on the original fine. So it's up to $50. I either pay or be brought to collections.

I refused to pay. So the lady who is head of the HOA came to my front door. I gladly invited her in offered her a soda, and explained why I was not gonna pay. I was VERY polite and attentive.

The next day I get another notice of violation!!!!! This time for $300! In addition to the $80, for the previous violation. I was fined $300. for smoking cigarettes in my unit!

Yes, I do smoke, and was unaware that this rule was in effect! No one had told me there was a no smoking policy anywhere on condo property! Nobody complained, she smelled cigarette smoke when I invited her to discuss the previous fines.

Here are my main questions:
1) How do I challenged these fines and get a fair "ear" to discuss these fines with? Obviously, if I bring up to HOA I'm talking to a brick wall/

2) Am I really liable? I NEVER signed anything agreeing to these HOA policies before I bought the place? (keep in mind, these are condos, and I own mine flat out)

3) okay smoking is a gross habit to people that don't. But the country and state I live in, claim I have the to smoke cigarettes so long as it is accordance with federal and state laws. There is no law stating it is up to the discretion of a party whom governs upkeep of co-op useable land. (again, I own the the condo I live in.).

[jabarl]

If you signed bought the property you accepted the deed restrictions attached and they have 100% power to enforce them.
I hate HOA and POA committees

[blaisdell]

When you attended the closing on your condo, you signed more than a few documents. One was an acknowledgement of the HOA. And if it wasn't there (highly unlikely), it is the buyer's responsibility to find out whether or not it exists, and what the rules are.

If you don't want to pay the fines, it's time to get back together with the woman who visited you and ask for a copy of the by-laws. Plead ignorance and ask for a waiver on the current fines. You may not succeed, but at least you'll know what they by-laws are for future reference.

[hob97]

If you buy or rent a condo then you have to comply with the HOA rules and regulations. It is your responsibility to be aware of them and to follow them. You do not have to sign anything at the time of closing to be held responsible for knowing and following them. Most people are aware that when purchasing a condo there are HOA rules that must be followed and you should have checked them out before buying.

The bicycle offense should not be one that you are held liable for and they should have to prove that it was your bike that was involved. The other two offenses it sounds like you broke the rules and there are consequences involved - in this case fines.

Normally you can request a hearing and contest fines that are assessed and that is what I would do. Ignorance is no excuse but maybe they will have some compassion.