Need Advice Being Fined by the HOA

I bought a single family home in broadland southwalk which came with a great courtyard (the main selling point for me on the house) about 14 month ago, after being in the house for a month, I got a letter in the mail that I have an illegal patio, and must apply to the HOA for permission. Being new to the house, I figured it must be a mistake, as I have not made any exterior enhancements with the exception of plantting some trees. I called the HOA number, no one answered, so I left a message explaining that I just moved in to X, I haven't build anything, I don't even have a Patio on the house, please call me back at ###. a month goes by another letter came saying the same thing, I called up the number again, and asked for clarification again, this time noting that I have a courtyard which was build by the builder, that needed HOA permission? left my address and number again but no one called me back. another two month goes by, I get a $50 fine in the mail saying I build a patio w/o HOA permission, I called again and asked for clarification, and the person on the phone couldn't figure it out and said someone will get back to me. two month leter, my HOA account started showing late fees because of the $50 fine, I called again, the folks at the HOA said they would remove the late fees and check into the $50 fine. Repeated this twice until early summer. Went into the HOA, explained to the person there at the time, and she again said let us figure it out we'll get back to you. two month goes by, and no one called. I went into the office to get instructions on how to apply for permission to build a rear patio to my house, this time I demanded someone provide me with an answer as I been at this for over a year. Someone finally pulled my file and asked about the brick covered courtyard and who build it, and I replyed, it was here when I moved in, and given the brick matches the entire exterior of my house, I assumed the builder build it. two days later, I get a call from the HOA for the first time and told me that the Patio was added after the house and the courtyard was build, and because the previous owner didn't get permission it was your responsibility to file a request, since you didn't do so, and we followed procedures, you are fine of $50 needs to be paid.

Let me ask you this, is it reasonable for the HOA to fine me for something they couldn't explain to me what they were asking me to get permission for for over 13 month!

Does anyone know if I have any legal rights in this matter?

Thanks for reading.

Will

 

Call 703-729-9714 and ask for Maureen. She is the General Manager now and should be able to address all your questions/issues.

And yes, you have rights. The HOA is suppose to do due diligence and "clear" the house before it is sold (make sure it is is compliance with HOA guidelines). If they miss something then it is "suppose" to be grandfathered in.

Call Maureen.

 

Be civil & courtious. Getting great customer service comes from being a great customer. Our HOA is one of the best in the area and are VERY professional.

 

I had similar issue (not a patio), appealed to board and they insisted I had to fix the problem even though was done by prior owners and HOA signed off as no issues on the property at my closing. In my case the problem was small and easy to fix fortunately, but still irritates me that this occurred.

 

That is not exactly true. If you choose to purchase a house where either a resale package is not done (ie a lot of foreclosures) or you get a resale package done and it was noted but the current home owner refuses to correct it - when you decide to continue with the purchase of the house all issues are passed on to you as the new current homeowner to correct. We found this out from our Realtor when we purchased our foreclosure. Therefore we chose to spend own $$ and purchase the resale package so there could be no surprises.

All that said, knowing how the staff at the HOA office works I highly doubt he contacted the office on over 6 occasions and no one returned his call, pulled his file or told him how to complete the application form and yet they were quickly able to waive the late fee? It was not the construction of the patio that was the problem, (as Will noted) he just needed to fill out a form. Do you really want me to believe no one at the office could tell him how to do that? Plus I am confused - based on his time line he moved in Aug 09 (14 months ago) received a letter in Sept and Oct and then a fine (2 months later) in Dec 09 we are in Oct 2010 why is he just now bringing this up?

If something was really wrong with the way it was the process was handled, at this point 10 months later, he will need to go before the HOA Board or Directors as no one at the HOA office can waive any fees only the board can do that. I know for a fact that Will has already been told that.

Staci

 

Mr. Cui and I have been corresponding. I do not feel it is appropriate for management to respond to Mr. Cui's complaint on this forum, however, I do wish to point out that this was not a fine but rather an administrative fee for paperwork processed by staff. All proper protocols were followed and Mr. Cui has been advised that he is free to appeal management's decision to the Board of Directors and has been given detailed instructions on how to start that process.

 

I'm sure everyone at the HOA is really nice as I have met / exchanged emails or calls with everyone of them so far over the past 13 month, but I don't know how professional an organization can be when I called / visited almost monthly for over a year and no one can tell me or even bother to call me back about why I keep getting letters about a Patio i don't have Until 2 weeks ago. and after all my effort, they want to charge me $50 for a processing fee (Fine). I can see If I was ignorant or something and ignored the letters and I get fined, but I actually did everything I could to figure out what’s going on, and it took the HOA 13 month to get me a clear answer. I also offered to file the paper work my self as I’m actually in the process of filling paperwork to build a rear patio. I have no problem doing the right thing and follow the rules, but I expect the HOA to do its job and answer resident inquires in a timely matter with relevant information, not 13 month later. I'm still fairly sure the builder build the courtyard which is required for the elevation of my house and 5 - 6 other houses in my area has the exact same courtyard and front door! so I'm going to get to the bottom of this.

I don't know if anyone has performed or managed customer service reps in our HOA, this is just bad service... someone needs to remind the HOA that they are here to provide a service to the residents, not act as some kind of overlord. something needs to be done about it...

Again, I appreciate everyone's response and views. I just get very frustrated with people who can't understand common sense. This is just frustrating me to no end.

 

Staci,
My house was purchased through a retail package after it was foreclosed, nothing was noted when I closed on the house from the HOA except the HOA letters I had to sign to accept the terms. So should this have been grandfathered? when was the assessment done on my patio can you check?

 

I do not think you want private info on a public forum so I am going to send you a PM but I can not do anything to look at your records. You have to contact Armstrong personally for that info.

Staci

 

There's always two sides to a story.

 

First of all I find the bashing of the people that volunteer their time to the service of our community intolerable. The HOA is not employed by Broadlands it is Broadlands. Sir the people on the Board are your neighbors and are not here to "stick it to you" nor are they here to pad the coffers of the HOA. Why would anyone let one month go by with out following up on a unreturned phone call let alone two months is beyond me. If you have a issue GO TO A BOARD MEETING but don't come on the message board and start bashing the HOA by call them Overlords. It is just poor form!

Have a nice day.

 

When I was buying my house in Broadlands 2 years ago I noticed there was a flag in the packet I got from armstrong about the patio being illegal or not reported or something, When I checked with the previous owner they said it was builder built. The Realtor checked with HOA with pictures of the patio and I was told we need to submit a form to modification sub committee and they don't see any issue with approval.

The first month after I bought the house I sent in the form with pictures of my patio and few of my neighbors patio which were similar and that's it. I got a letter in mail in 2 weeks that it is approved.

 

I disagree; aren't you bashing cui by posting this?

People have lives that they need to do, and don't always have time to go to board meetings. Maybe cui (or other people with this same problem) have to work 3 jobs a day just to put food on the table, maybe they are a single parent and cannot afford to have a babysitter watch their kids during a meeting.

Why would someone wait a month after an unreturned phone call? Possibly he thought the HOA was "busy", and didn't want to be a pain?

I think it was a great idea for cui to post this openly on the forum; this way, everyone who has idea or tips for him can post them; and it seems like the HOA responds quicker and more thoroughly on the internet than they do on the phone, don't you agree?

 

NOPE, the HOA responds quite timely and professionally. Perhaps you could help Mr. Cui figure out his problems or run he errands for him.

 

Well, apparently not in all cases.

Mr. Cui, if you need any help, there are plenty of friendly Broadlands residents who would be happy to help! :dance::dance:Thanks for the suggestion, Chsalas!

 

WRONG sorry the HOA has been responding to him for weeks (at a minimum and from his own posts in the past as well to waive a late fee). I am sure they also responded to him on most if not all of his inquiries as well though he always thought they were incorrect and took that as a no answer.
PLEASE remember, this IS NOT a communication tool with the HOA and or the HOA board though you may be able to get some information. The HOA has no intent of airing anyone's private business on a public forum.

Staci

 

I'm not the poster, so I do not know if he was replied to or not; I made an assumption, sorry.

As for being a communication tool with the HOA, I think it is, which is great; an alternative for bring up issues or questions! I'm glad the forum is here; it is a great way to get other opinions on questions or issues you may have.

As for the private business, it isn't private anymore; the poster posted it publicly. If I posted a thread similar to this one, I would want the full story, both from me and the HOA, posted publicly so many opinions could view the story, offer solutions and supply some answers

 

Thank you all for the support and advice, I just don't understand why the HOA can't see that I have done nothing wrong, I haven't constructed anything on the exterior of my house w/o permission, I got two notices, which I tried very hard to get clarification on so I can actually fill it out if required, I even went as far as offer to put in for a request on my own now that I have clarificaton on what it is.
I just don't see how the HOA's insistance that I pay $50 is right. anyone?

Also, Staci was the first person after 13 month to actually give me a clear answer on the issue, and she was very good at calling me back with clarification and providing me information on how to escalate the issue and I do appreciate it.

 

What is the $50 charge for if it's not a fine?

 

It is a clerical fee since the HOA instead of the homeowner completed the application and presented it to the Modifications Sub committee for approval. This was a process that was put into effect a few years back so that a home owner who did not follow protocol but did build something that would have been approved had they filled out the paperwork would not be subjected to up to $900 in fines for non compliance. Seeing as now we have an employee of the association spending time filling out a form, taking pictures of said structures, pulling plats and preparing the package to go before the modifications sub committee the board did not feel this was time that the whole association should be paying for but the homeowner who failed comply should pay for.

Staci