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 ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (631) 339-6228
- View Profile
- Answered
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.
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.
