Originally posted by: Mill
June 28, 2005
?Serene Ridge Homeowner?s Association?
Thank you for your letter and documents dated June 20th, even though they were not delivered until June 27th. Being that I travel a great deal, I was unable to receive your letters regarding HOA?s fees, and/or meeting(s) from earlier this month (I was informed these were distributed around the neighborhood by other neighbors). I was in Mexico and Oklahoma, and had no way of retrieving mail or other items. Regardless of this, please do not threaten liens on homes of owners who were NOT given sufficient notice as to the HOA?s plan or their request of dues. Notes dropped in mailboxes, or on the doors of a home do not constitute the proper legal serving of a document, especially if you are trying to enforce under Article V which requires written notice. Registered Mail with return receipt would be the only proper way to inform all Homeowners ? given that not all are on their property 365 days a year ? and that the HOA has no way of verifying that documents were actually RECEIVED.
I am concerned, quite frankly, with legal threats being made against my property without adequate notice. Section B states unequivocally: ?An Appropriate Entity will be formed at a time to be determined by the DEVELOPER. Upon formation of said association, the Developer will convey title of common areas to the association.? Has this occurred yet? As I mentioned, I was out of town, and thus received no notice that the Developer had formed the HOA, the duties of the HOA, nor the schedule for collection of dues. Specifically, did the Developer convey the title of common areas yet, and was the Developer the one who set the time of the meeting? If not, then why wasn?t this procedure followed? I wasn?t at the meeting, nor was I privy to what exactly ?formed? the HOA, other than the notice I received the other day that threatened a lien against my property. I was informed, however, that there was discussion about preventing property owners from renting out their property. If this discussion took place, then I would like to see the meeting minutes relating to this discussion, and what was proposed. This gravely concerns me, as it would abridge my personal property rights if I chose to rent out my dwelling while on an extended absence.
If I were sent a communiqué in an amicable fashion, I would be more likely to respond with friendly words. Since the tone of your letter is threatening (liens), the dating is off by 7 days (which would abridge your sufficient notice clause), and I did not receive it until four days before you ?claim? you will sanction me, I am not currently prepared to pay my dues until this matter is discussed before the complete HOA as to how future collections will be handled and communications will be delivered.
I would have no problem paying my dues if given sufficient notice and explanation, but a note in my mailbox that is misdated with legal threats ? does not make me wish to make every effort to dispose of this matter amicably. If you proceed with filing a lien on my property on July 1st, then please realize that I will hold you (Serene Ridge HOA and those personally responsible) liable for any damage or loss I might incur as a result of any false statement that you may make, or for improperly following the Covenant of Serene Ridge, 1st Sector. My wish is not to be further embroiled in a dispute, so I would ask that you rescind your threats to all Homeowner?s who received these letters and documents, until you can verify by Registered US Mail that all Homeowners have been apprised of what you demand and your deadline for such demands. Anything less is a precarious legal breech of the Serene Ridge Covenant, and may entitle any property owner to recover damages if a lien is filed.
Please understand that my response is predicated solely on the manner in which this matter was handled, and not based on my acceptance of the Serene Ridge Covenant. If the Serene Ridge HOA seeks to use the Covenant as a legal means to collect dues, then it must be prepared to follow the rule of the law itself, and all the guidelines and rules of the State of Alabama, as well as fully complying with the terms of the Covenant. If you wish to rescind your threats of liens, then my dues will be paid no later than 24 hours after receiving such notice.
I require a response by Thursday, June 30, 2005 (Alabama time), otherwise this offer is automatically withdrawn and of no further effect. Any further legal threats may be sent to my counsel, (My Attorney and his Firm are listed here). If you wish to resolve this matter in an amicable fashion (I would hope we all would) then let?s be neighbors and politely ask for dues instead of demanding them. Especially considering that some people did not receive proper notice or were at the meeting due to their schedule. Demanding payment of dues and threatening legal action without proper legal notice, could allow a Jefferson County Probate Judge to sanction the Serene Ridge HOA and prevent them from carrying out their duties, as well as allow threatened parties to recover damages. Since we?ve decided Registered Mail isn?t the proper way to communicate, I won?t bother mailing this Certified, but will instead send it in the manner in which I received my documents. You may contact me via telephone if deemed necessary.
Additionally, I am quite bothered by how the HOA has decided to turn this neighborhood from a friendly, caring, volunteering atmosphere, into a neighborhood in which people are given legal threats, as well as, highlighted segments from the Code of Alabama 1975. Such pretentious, self-serving rhetoric is not what enamored me to this community or this area of Jefferson County. Instead of worrying about the color of a house or the height of someone?s grass, perhaps we should be worried about how ?friendly? we are with each other or how we communicate. However, if the HOA wants to persist with such rhetoric and games, then I will be forced to act in kind especially considering the improper and illicit way in which the collection of dues were handled.
In short:
1) The tone of your letter runs counter to that of this neighborhood (liens and legal threats over 75.00 $ dues in which homeowner was not informed via proper procedure)
2) The process used to distribute the letter violated Covenant rules, Federal Laws (placing of private letters/documents on Federal Property without permission of Postmaster) and Local Laws. (Written notice requires receipt by individual to whom letter/documents were addressed and proof of such service)
2a) I?ve been given no information or documents proving that subsection B of the Homeowner?s Association segment of the Covenant was followed by the developer and the Homeowner?s Association.
2b) The process actually poses liability to the HOA.
2c) The process makes the fee/levy unenforceable.
2d) The process represents mismanagement of the HOA
I realize I might be responding in a petty fashion, but I feel the threat of a lien over Seventy-Five dollars in dues (of which I was not informed) is as equally petty.
I hope on reflection that you are prepared to settle this matter as I have proposed.
I look forward to hearing from you.
Kind Regards.
Yours Sincerely,
Evan C. Hyde
My Address
My Telephone Numbers
CC: My Attorney
