QUESTION

What can I do if my homeowner's association is fining me $100 because I didn't have my dryer vent cleaned in the year?

Asked on Aug 22nd, 2013 on Landlord and Tenant Law - Utah
More details to this question:
My homeowners association is fining me 100.00 for not having my dryer vent cleaned this year. I had it cleaned last year. It's supposed to be every two years starting in 2009. They will not count this cleaning. I am furious because I had to get it done again costing me money and then they fine me on top of that for not having done by the deadline. The association manager said he would ask the board if they would accept it. They didn't get back to me until 3 days before the deadline. I then had someone come out immediately on July 3 (deadline July 1) and complete it. I opened my bill and they fine me. I'm really mad.
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3 ANSWERS

You can tell the Board orally why you are upset, but they will likely not change their minds and their is nothing worthwhile doing. I have to presume they had some valid reason, even if out weighed by other factors, for rejecting the prior cleaning.
Answered on Aug 26th, 2013 at 9:42 AM

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Lisa Hurtado McDonnell
Generally you can appeal fines from the homeowner association and request a hearing before the board.
Answered on Aug 23rd, 2013 at 1:18 PM

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Estate Planning Attorney serving Spanish Fork, UT at Prigmore Law
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Home Owners associations do have the right to make rules regarding the maintenance of property located in the HOA. That said, you don't have to accept the HOA's failure to enforce the rules against you properly. Unfortunately, your options are limited if you are concerned about the cost of the fine. For example, if you have paid the fine, but do not think you owed the money, you can sue in small claims court to get the fee back. This takes time and a filing fee of almost $100. (The last time I looked a few years ago, it was $75. It may be more now.) Sometimes the defendant in small claims will hire an attorney, whose fees would be paid out of your HOA's budget, which affects you and your neighbors personally. If you refuse to pay, the association may make your life difficult in accordance with the HOA rules. Sometimes this includes taking away your right to vote, cutting off non-essential utilities, and withholding other privileges until you pay the fine. If you still have a right to vote, you can vote and campaign to get the current HOA leadership out of office. Politics may come into play here and you may need to make a friend or two on the governing board to get someone to advocate on your behalf at board meetings. When the fine is relatively small, it is often more trouble than it is worth to fight it. This is not fair, but is a common problem in many HOA's.
Answered on Aug 23rd, 2013 at 11:22 AM

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