Living in condo without formal HOA rules; charged for unknown violations

Question

I have lived in a family-owned condo in Utah for about 7 years, initially placed here by my brother, who covered my living and medical expenses. After his passing, his daughter, who now handles my expenses, told me a few months back that I need to take over the overdue power and gas bills. Recently, I was informed by a property management company that I must start paying rent and additional fees, including HOA violations. I've never received any HOA rules in these 7 years and I’m being charged for violations not enforced on others. I suspect the agreement may be discriminatory and potentially illegal. Being 74 with a monthly income of $478, I'm concerned since my brother had assured that my housing and medical needs would be taken care of. There were no formal agreements, only verbal, and my niece does not communicate with me. I've received copies of two HOA violation letters meant for the owner, my niece, but had no prior notice of these. Am I responsible for these fines, and what legal options do I have?

James L. Arrasmith · Answer

You're facing a challenging situation that touches on several legal areas including property law, contract law, and possibly elder law.  
 
Based on what you've shared, you likely aren't personally responsible for HOA fines since you aren't the property owner - these violations should be directed to your niece as the owner. The sudden requirement to pay rent without proper notice is concerning, especially given your brother's verbal assurances about your housing. While verbal agreements can sometimes be legally binding, they're more difficult to enforce than written ones. You might want to look into whether your long-term residency establishes tenant rights under Utah law, which could give you protection against sudden changes. 
 
I suggest contacting Utah Legal Services or your local Area Agency on Aging for free or low-cost legal help - both organizations assist seniors with housing issues. You could also request all HOA rules and regulations in writing from the property management company, as they must provide these before enforcing violations. Document everything, including your brother's verbal promises if possible through witnesses or past communications. Given your fixed income, you might qualify for additional assistance programs that could help with this situation.

Q: Living in condo without formal HOA rules; charged for unknown violations