Q: Hi, Is my HOA by Texas law allowed to fine me without a prior notice or hearing? Please help me understand.
I have 2nd floor condo with a porch, I’m recently working with a contractor to remodel my bathroom with the HOAs knowledge. The work started on Saturday and the contractor left trash bags on my porch, they don’t work Sunday so they remove it Monday morning. I got an email from my HOA Monday morning that I’ve been fined 100 dollars for not abiding by rules and regulations( for having left construction waste on my porch) the email mentions having having given me notice which is untrue for this case. I have however previously gotten a warning notice to remove string lights from my porch, I did not know this was a rule break since I’ve seen multiple units porches boast string lights. I did however go ahead and remove the light but I think they are using that as my first offense and now charging me without notice for the second. I have no information of a hearing so don’t think there is one. I feel denied the chance to defend or understand future fines. Help me!
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A: If you bought a condominium then your ownership is subject to all kinds of rules. You should have at least read them before purchase. HOA issue fines and liens all the time, and rarely do you have an opportunity for a hearing. Nonpayment will result in foreclosure. You can hire a lawyer and sometime demand a hearing. But usually you have to pay the fines or sell your condo.
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