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Hoa had wrong name on violation letters

hi, back in March we received a letter from a law office stating that we were in violation because we did not get approval for some pavers in our front and a skate ramp in the back yard. we filled out all the forms and submitted them. we heard nothing back for 7 months until another letter arrived from attorney stating since we haven’t responded to any of the letters from the Hoa we had been in violation and the attorney charged us $300. Called Hoa and found out that when I had called our Hoa in February to let them know we refinanced and the names on the property changed to ours, the guy I spoke with never changed the names even though he had said he would. so we never received any letters. what rights do we have since for 7 months we thought we had been approved? thanks for any and all help!

1 Response

  1. dennisl

    Tasha,
    It’s funny that the association did not a have a record of your correct address but the attorney got it right the first time. Do you have the records of when you submitted your request and the details of that request.? Most CC&R have. Provision that if you do not hear back from the association within 30 days that the requested is automatically approved. As long as you notified the community manager of the official change of address you cannot be held accountable to their incompetence. Check your CC&R for the approval clause. Ask for copies of all alleged communications from the association that were sent to the wrong address. Do you recall the exact day that you notified the association or management company and who you spoke to.? Did your application have your contact information on the application. I know I asked a lot of questions but they are all important to understand you response to the association. For right now file a certified letter to the association contesting the violation based on fact that you were just ow notified of the alleged violation based on the incompetence of the management company.
    Get me the information requested and send it to AZHOAtruth@gmail.com.
    Dennis

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