In March, my Homeowners Association (HOA) sent me a notice, forcing me
to remove the rocks I put into the flower bed in front yard, or to be
fined $25/day. I didn't remove the rock, but I did requested a dispute
hearing right away, to this day I still haven't had any hearing with
the board or arbitration committee. the property managing company that
HOA hired just keeps sending me violation notice without any mention
of dispute hearing.
Now in May, I got a letter from lawyer asking me to pay the total of
$1115 for violation fine accumulated through March and April, or
they're going to put lien, file suit, or even foreclose my home.
In the HOA bylaws. There're clauses:
" Dispite the foregoing (dispute), before any fine is imposed by the
Board, the Unit Owner involved shall be given at ten(10) days prior
written notice, and afforded an opportunity to be heard, with or
without counsel, with respect to the violation(s) asserted"
"The Board must establish an Arbitration Committee ... The Committee
is to conduct a hearing within 45 days of a written request by Unit
Owner."
So HOA is imposing a fine without granting me a hearing, and it's more
than 45 days since I requested such hearing. Is that $1115 fine still
legitimate or not? I intend to respond to the lawyer saying fine is
being disputed, and HOA imposing the fine is clearly violating 2
clauses mentioned above, what's the chance my argument will stand
ground?
btw, i did removed the rocks to prevent additional fines.
and also, where I can find N.J.S.A copy of laws regarding liens?
what's the penalty of filing false lien in NJ? |