Q: Can an HOA force a change in mailbox/post?
My HOA is forcing homeowners to remove their good mailbox/post and replace it with one chosen by the BOD which is to be paid for by the homeowner. Threaten fines/legal fees/liens. I am already at $1700 which I cannot afford.
A:
There are many unanswered questions: Do the CC&Rs say anything about mailboxes? Is it in common area, or is it on your property? What are the homeowner's responsibilities regarding common area, or, specifically, where the mailbox is located? How much are you being billed? Is it a lump sum or just added to your dues bill? Who paid for the mailbox that is there now? Has the Board provided reasons for the substitution?
You can protest the billing in a letter and also at a board meeting. Check the rules regarding speaking at a board meeting. If you really want to fight it, you can, after they turn down your protests, refuse to pay. In that case they would probably have to go to small claims court. Then a judge will decide. But you have a lot of research to do and to prepare your presentation to the judge. If you lose, you will be assessed the HOA's filing fee and the cost (if any) of serving you with their answer.
A: I can't answer your question on the minimal facts you have given. The answer provided by Attorney Merrick is a good start.
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