Asked in Estate Planning, Real Estate Law and Military Law for Alaska

Q: HOA is fining me for having a damaged vehicle and bins out for less than 2 weeks, I'm deployed and can't do anything.

A friend of mine is watching my house, and was waiting on a new tire to fix their truck. I had mentioned to her that I had gotten an email from HOA to fix these issues, I had reached back out to the HOA after the fact to let them know what was going on. 10 days later, they fined me for both the vehicle out and the bins out, and they're requesting a written rebuttal to have the fee's dropped. Their intention was to fine me $25 every day until the vehicle was moved and the garbage bins were out. Are there any laws or things preventing them from doing this to someone who's deployed?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Alaska

A: As you may know, the Servicemembers Civil Relief Act may be applicable. See: https://www.law.cornell.edu/uscode/text/50/chapter-50

50 U.S. Code § 3952 may very well apply to your situation.

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