When they went to review the HOA’s own Covenants, Conditions, and Restrictions, they found that the HOA had not folllowed the proper notice procedures either. They had only received a letter 12 days before the fine instead of the required 30-day-notice period that was outlined.
Armed with this information, they sent a concisely worded letter to the HOA informing them why they would not be paying the fine. The fine was quickly removed, with the HOA quoting “courtesy.”
Really, what the homeowner needs to do from here is proceed to go after the HOA and the board member involved for overstepping and violating not only federal law but also their own rules. They need to make sure that they set the record straight that it was not a “courtesy” to overturn the fine but a misuse of power. Otherwise, there is nothing stopping the HOA from doing the same thing again in the future.



