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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.