What Type of Notice of Violation Does a Homeowner Association Need to Provide?

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: 04/07/2025
• State: California

Answer:

The answer will be a matter of subjective determination for the court, based on all the facts and circumstances involved. Typically, in such cases, the judge will apply the standard of how a "reasonable person" would act under similar circumstances. One of the factors that may be considered by the court is whether the HOA knew that you had vacated the premises for an extended period. If the court finds that the HOA acted in bad faith by purposely providing notice that it knew you would not receive, it may be possible to get relief. However, it is often difficult to prove another's awareness or intent. Considerations, among others, may include whether you had previously informed the HOA of your absence, and whether the rules regarding alarm systems and parking of vehicles had been provided to you. Because of the potentially serious nature of gas leaks, a court will likely find that an absence for an extended time before repair is unreasonable. If you had been provided with notice of the parking and alarm regulations and were in violation, the court may find that the notices were a matter of courtesy and not required in order to find you in violation. I suggest you read the governing documents and bylaws of the HOA to determine your rights and obligations in regard to rules for alarms and parking, as well as providing notices of violations.

By application of reasonable care or diligence if a person should have known a fact, he or she is deemed to have constructive knowledge of that fact. Generally, a person is presumed by law to have constructive knowledge about specific fact or condition. Constructive notice is a legal fiction that attributes notice of something to a person or entity, even though actual notice did not exist. For example, a court may allow a person who is unable to be served personally with notice of a lawsuit to be served by publication in a newspaper, especially when a person has left the state to avoid service (legal delivery of a legal notice).