Question
I live in a four unit condo building with a self-managed HOA. Up until June 2021, the HOA had no formal rules and regulations, along with no violation processes of potential fine, etc. Earlier this week, I had an HVAC service come to service my AC units prior to the sale of my unit. The service required the worker to access the crawl space on the roof of the building and in doing so, two of the units indicated that there had been some minor damage done to the ceiling in the interior of their properties. Three of the board members created a quorum by communicating via email and then voting and assessing my unit a $500 fine to fix the damages without providing a receipt to justify that amount of money, as opposed to contacting the HVAC company to discuss fixing the damage. The Board also claimed that I damaged the front door during a separate incident and voted that I had to pay to get the door fixed. This “executive meeting” was not noticed to the other residents living in the building and there was no safety issue that necessitated having the meeting without going through the proper procedures. If the Board does not properly notice a meeting and then votes on violations and fines in this illegal meeting, am I still responsible to pay the fines? I have already spoke with the HVAC service about working with the HOA and individual owners to fix the interior damage, but I did not cause any damage to the front door and should not be responsible for that cost. Additionally, can the HOA retroactively find someone responsible for a violation of the CC&R’s and impose a fine for something that occurred prior to the approval of the new rules & regulations, violations and fine schedules?
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Nicole,
The board had a right to assess the cost to repair any damage to the common property caused by an individual. Assuming of course that you actually caused the damage. If a contractor working for you caused the damage, then you are also responsible for the cost to repair that property. If you deny causing the damage then you must contest this issue with the board and ask for any proof that they have to assume that you caused the damage that they say you caused. You also have the right to see the receipts of any expense that they incurred directly to affect the repair. if they have not accomplished the repair and you are responsible for the repair you have the right to contract separately, to affect that repair. The board does not have to contact your contractor they worked for you not them, but if they caused damage then you can ask them to have their insurance and bond cover the damage they caused, if they refuse you can go after then in small claims court or file a complaint with the registrar of contractors office.
You board actually the open meeting law but that fact does not invalidate anything decided in that illegal meeting under the current law. You may go after the board for violating the open meeting law but it will change nothing in your situation. The current law simply does nothing to protect for from this abuse of power by your board.
Dennis