San Diego, CA asked in Real Estate Law for California

Q: How can I speak on incapacitated homeowner's behalf to her HOA? (California)

I'm a caretaker for my mom(homeowner) and we're having problems our HOA. They've been ok with me speaking on her behalf in the past but today I was just told to leave the meeting as it was a homeowner's meeting. She suffers from a variety of illnesses and is unable to speak to them. Today's actions was to make a point to me and it doesn't sit well at all. They have been playing the part of bully and I'm shaking right now from the anger. In recent months, they have been charging me late letter processing fees at $16 each and they've done that 6 times this year and we have not received one of these letters. I assumed that the $16 was to cover the certified mail fee but I don't know for sure. On top of that, we're getting regular monthly late fees in addition to them trying to fine us for things that we haven't done. I am at a loss as to why all of this is going on. No late nights, noise, disturbances. Thanks for any information that you can provide.

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1 Lawyer Answer
Yelena Gurevich
Yelena Gurevich
  • Studio City, CA
  • Licensed in California

A: If you’re mom has the mental capacity she should sign a power of attorney that gives you the right to speak on her behalf. Your facts are a little confusing. It’s not clear if you are being charged the fees because you are late on payments or if there is some other reason. I recommend you ask for a full accounting from the HOA and review a copy of the cc&rs to see what they can charge. You may need to consult with an HOA attorney once you have all the information.

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