Q: Can an HOA management group, when sending violation letters, add an administration fee to the notice letter?
Our HoA Management company is sending out violation notices with administrative fees tied to the letter. There is nothing about admin fees in our CCRs/Bylaws, nor could i find anything in Texas property code. When asked regarding this issue the management group stated " The administration fee is for the preparation of the violation letter, picture, and postage of the certified letter not for the violation itself. Unfortunately, a violation administration fee is not budgeted for in the community’s yearly budget given that these letters are only mailed when a home is out of compliance. Therefore, the HOA is not responsible for paying an administration fee for your property. "
Aside from the fact that they are not even sending the notices correctly according to our CCRs & texas property code, is the admin fee even Legal ?
A:
Any inquiry about a HOA and its power and authority starts with looking at the deed that created it. If it is clear that the HOA is not in compliance, then they should not be able to enforce rules that are unlawful or unreasonable.
Notice and an opportunity to be heard are necessary by any HOA if they wish to assess a fine or fee.
I hope this helps.
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