Full question:
does a hoa that puts important information at my door when they know I will not be home to get it have the wright to get away with 1) I left my home due to gas leak in my home. I was ill and had to leave quickly. The next day they left notice on two of my cars would be towed. The cars were towed and sold due to me not claiming them. I left my my house again they claimed my fire alarms which are sprinkler system had not passed inspection(I never knew they were tested) and they left a notice if I did not provide notice of me resolving the problem I would be charged $50.per day until I proved the alarm was working.
- Category: Real Property
- Subcategory: Homeowner's Association
- Date:
- State: California
Answer:
The resolution of this issue will depend on various factors and may ultimately require a court's judgment. Generally, a court will assess how a "reasonable person" would act in similar circumstances. One key factor is whether the HOA was aware that you had vacated your home for an extended period. If the court finds that the HOA acted in bad faith by leaving notices they knew you wouldn’t receive, you might have grounds for relief. However, proving the HOA's awareness or intent can be challenging.
Other considerations include whether you had previously notified the HOA of your absence and whether you were informed about the rules regarding parking and alarm systems. Given the serious nature of gas leaks, a court may view an extended absence without repairs as unreasonable. If you were aware of the parking and alarm regulations and were in violation, the court might consider the notices as a courtesy rather than a requirement for enforcement.
I recommend reviewing the governing documents and bylaws of the HOA to understand your rights and obligations regarding alarm systems and parking rules, as well as the notice requirements for violations. Remember, if a person should have known about a fact through reasonable diligence, they may be deemed to have constructive knowledge of that fact.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.