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How does one contest a fine given by an HOA? New York State
The backstory of this is that the HOA claims I am violating the guest parking rules (everyone with a second vehicle uses guest parking). When I ask for clarification on which rule I am violating and how, every time they give me the run around and tell me 'the guest parking rules'.
I finally received a fine in the mail, they state that I have been fined (it has been deducted from my account), and the 'rule' was a letter from about a year ago asking everyone to temporarily move their cars so they could clean the garage (not guest parking, which is outside). This 'rule' is not in the bylaws/house rules, it was not added as an amendment, and I do not believe it to be valid.
It's only $100. I don't care. I would like fight this on principal. What options do I have? Small claims court? Letter to the HOA?
Don't let it go, fight it or they will continue to find things to fine people for. Also find out where the money is going, Demand to see the rule you violated. Make them prove to you that others who did the same were also fined and get together and fight back, also find out what they do with that money.
Your remedy depends somewhat on what state you are in.
In some states you can file a "fraudulent lien/claim" cause of action, conversion claim, etc.
Also, you referenced that "it has been deducted from my account". Had you given monies above and beyond current assessments to the HOA corp? If so, the manner in which you paid such fees may give rise to another cause of action (check law is state based, various forms of electronic payment are based on federal law/treasury regulation and they don't get to "re-designate" funds from the manner in which you designated them at time of payment). Is there a management company involved? If so that will be the source of problems for years to come.
Spot on. There is a new management company.
Yes, they immediately deducted the fine from my checking account used to pay the monthly fees.
Don't let it go, fight it or they will continue to find things to fine people for. Also find out where the money is going, Demand to see the rule you violated. Make them prove to you that others who did the same were also fined and get together and fight back, also find out what they do with that money.
The question is how? Who can I talk to to find these things? The management company? What if they refuse? The HOA?
I've been getting a runaround about the rule that I've violated, and they can't produce anything from the bylaws.
We use a visitor's pass for our guests. We have to limit guest parking for 48 hours. Our problem is there are many households with 4 cars, so the same few chronically ruin it for the rest. We have a tow company that tracks all the cars, their location and and tag #. They find it, they document with photos and tow it away. No fines. Problem solved.
You might put notes on the windshields of everyone who parks in the guest spots asking if they were fined, too. Get a group together and go to the next board meeting. If there is no board meeting, try to force one through a petition.
It's hard to believe that your docs don't have a section dedicated to rules, violations, and procedures for those violations. Unless you are dramatically understating the nature of your warning letters, it sure sounds like they jumped a few steps (violation notice, fining committee, appeal, judgment) and I would also check your docs to see if you authorized them to deduct fines directly from your checking account. You also might look to see if NY has any agencies tasked with protecting residents against overzealous management companies.
You might put notes on the windshields of everyone who parks in the guest spots asking if they were fined, too. Get a group together and go to the next board meeting. If there is no board meeting, try to force one through a petition.
It's hard to believe that your docs don't have a section dedicated to rules, violations, and procedures for those violations. Unless you are dramatically understating the nature of your warning letters, it sure sounds like they jumped a few steps (violation notice, fining committee, appeal, judgment) and I would also check your docs to see if you authorized them to deduct fines directly from your checking account. You also might look to see if NY has any agencies tasked with protecting residents against overzealous management companies.
Ok, for some more details, I have a motorcycle parked there. Management agency doesn't like the fact that there is a motorcycle. The bylaws don't have anything against it, they just don't like it.
There have been a few letters regarding this that the management agency has sent. It always refers to a violation of parking rules. No specifics. I call and ask for a rule, not a generic 'parking violation'. They send the same letter. This time they went ahead and fined me (along with the irrelevant garage cleanup letter).
Yes, but everything I've ever read says to pay the fine first, which makes sense since if I don't pay there will be liens and what not that will cause even more headache
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