Q: Was I denied my procedural due process and am I being blackmailed by my HOA?
I showed up for Hearing as demanded by my HOA to give my defense and review the evidence against me for 4 alleged violations. The HOA rep. that came out to help me said I wasn’t on the schedule and she couldn’t find any records for the violations except for one and asked if I took care of it. I told her yes and she said that was it and I could go. I never spoke to any member of the Board and left. Apparently, the Board then held the Hearing without me present, found me in violation of the remaining three issues, and imposed fines on me that have grown to $18,000. Was I denied procedural due process in violation of CA Civil Code §5855 and are the results of the hearing and any resulting fines invalid? Is the HOAs refusal to present this to the Board for dismal of the fines until I first provide them photo evidence I’m not in violation despite my contention that they have no evidence of one violation and the demanded photo is an invasion of my privacy considered extortion or blackmail?
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.