a**5
发帖数: 483 | 1 【 以下文字转载自 Living 讨论区 】
发信人: aa35 (嗯), 信区: Living
标 题: 晚交了HOA，被罚$130
发信站: BBS 未名空间站 (Thu Jun 13 01:31:55 2013, 美东)
我在中国无法付账，回来收到律师信催款，这律师信的fee是$130，但是bylaws里没有
规定这种罚款啊，HOA一共才250啊，太气人了，怎么办？ | a**5
发帖数: 483 | 2 P.S.
bylaws里没有规定这种fee。另外，写信的律师是board president's 亲戚。
help! | c**d
发帖数: 3888 | 3 Everyone will tell you that you should've made arrangements before you went
to China.
If you feel 气人, you can punch a pillow.
Pay the $130. It's nothing personal against you.
【在 a**5 的大作中提到】
: P.S.
: bylaws里没有规定这种fee。另外，写信的律师是board president's 亲戚。
: help!
| a**5
发帖数: 483 | 4 the president of the board hired his son as the attorney and he bill us for
the attorney fees which is never stated on the ByLaws. I'm thinking of
hiring an attorney and bring them to the court to get the justice. My
question is, if we win, will the court let them pay the court fee and my
attorney fee?
went
【在 c**d 的大作中提到】
: Everyone will tell you that you should've made arrangements before you went
: to China.
: If you feel 气人, you can punch a pillow.
: Pay the $130. It's nothing personal against you.
| c**d
发帖数: 3888 | 5 Extremely unlikely. And no lawyer wants to take on a client like you.
If you like to insist on spending your life fighting over trifle matter,
you can take them to small claim court.
But first, have you talked to them and tried to reach an understanding? | a**5
发帖数: 483 | 6 yes, I tried to reach an understanding but they said based on the bylaws,
the board can adapt a collection policy which is suitable for the
association. I never see such collection policy before. It's not published
on HOA website either. I can't let them charge me something I don't know. It
's not about money. I'm not a 忍气吞声的Chinese. I just want to do it right.
The following is the bylaws. I appreciated all your reply.
7.5. IMPOSITION OF FINE. Within 30 days after levying the fine or
authorizing the abatement,
the board must give the owner notice of the levied fine or abatement action.
If the fine or action is
announced at the hearing at which the owner is actually present, the notice
requirement will be
satisfied. Otherwise, the notice must be in writing.
7.5.1. Amount. The board may set fine amounts on a case by case basis,
provided the
fine is reasonable in light of the nature, frequency, and effects of the
violation. The board may
establish a schedule of fines for certain types of violations. The amount
and cumulative total of
a fine must be reasonable in comparison to the violation. If the board
allows fines to accumulate,
it may establish a maximum amount for a particular fine, at which point the
total fine will be
capped.
7.5.2. Type of Fine. If the violation is ongoing or continuous, the fine may
be levied on
a periodic basis (such as daily, weekly, or monthly). If the violation is
not ongoing, but is instead
sporadic or periodic, the fine may be levied on a per occurrence basis.
7.5.3. Other Fine-Related. The Association is not entitled to collect a fine
from an owner
to whom it has not given notice and an opportunity to be heard. The
Association may not charge
interest on unpaid fines. The Association may not foreclose its assessment
lien on a debt
consisting solely of fines. The board may adopt a collection policy that
applies owners‘ payments
to unpaid fines before retiring other types of assessments.
7.6. REIMBURSEMENT OF EXPENSES AND LEGAL FEES. In addition to any other
rights set forth
in the Governing Documents for violation of a provision of the Governing
Documents, the board may
levy and collect individual assessments for reimbursement of reasonable fees
and expenses, including
without limitation legal fees, incurred by the Association to enforce the
Governing Documents, including
the collection of delinquent assessments, subject to the following
conditions:
7.6.1. Notice. The Association must give the owner written notice that the
owner will be
liable for reimbursement of any such fees and expenses incurred by the
Association if the
delinquency or violation continues after a date certain that is stated in
the notice. This notice
requirement does not apply to legal fees incurred by the Association in
connection with the
Association's counterclaim in a lawsuit to which an owner is a plaintiff.
7.6.2. Hearing. If legal fees are incurred by the Association for an action
requiring notice
and hearing, the owner is not liable for reimbursement of legal fees
incurred (1) before the date
by which the owner must request a hearing, if the owner does not request a
hearing, or (2)
before conclusion of the hearing, if the owner does request a hearing.
7.6.3. Records. By written request, an owner may obtain from the Association
copies of
any invoices for charges, including legal fees, for which the Association
seeks reimbursement.
During the Development & Dec/arant Control Periods, Appendix C of the
Declaration has priority over these Bylaws.
7.6.4. Forecloure. In connection with a nonjudicial foreclosure of the
Association's assessment lien, applicable law, such as Chapter 209 of the
Texas Property Code, may establish a limit for the amount of attorneys fees
that the Association may include in its lien.
【在 c**d 的大作中提到】
: Extremely unlikely. And no lawyer wants to take on a client like you.
: If you like to insist on spending your life fighting over trifle matter,
: you can take them to small claim court.
: But first, have you talked to them and tried to reach an understanding?
| a**5
发帖数: 483 | | c**d
发帖数: 3888 | 8 So you feel you're being targeted because you're Chinese...
Do you attend the HOA meetings? How many people do you know on your HOA
board?
【在 a**5 的大作中提到】
: 有人帮我打官司么？我可以用别的方式交换服务
| a**5
发帖数: 483 | 9 我的意思是说一般而言老中就认了，多一事不如少一事。但我认为不能做无原则的退让
。 这个区老中有20%，但board里都是白人，我都不认识
【在 c**d 的大作中提到】
: So you feel you're being targeted because you're Chinese...
: Do you attend the HOA meetings? How many people do you know on your HOA
: board?
| h*****a
发帖数: 301 | 10 American rule = each side pays his/her own fees, including attorney fees,
UNLESS the other side's fraud, etc. or provided by law
【在 a**5 的大作中提到】
: 我的意思是说一般而言老中就认了，多一事不如少一事。但我认为不能做无原则的退让
: 。 这个区老中有20%，但board里都是白人，我都不认识
| a**5
发帖数: 483 | 11 The HOA claims the Bylaws give them the power to choose a collection policy
but there is no such description in the Bylaws. If they lose, will it be
considered as HOA side's fraud？
【在 h*****a 的大作中提到】
: American rule = each side pays his/her own fees, including attorney fees,
: UNLESS the other side's fraud, etc. or provided by law
| h*****a
发帖数: 301 | 12 I don't think misstating the law is equivalent to fraud.
policy
【在 a**5 的大作中提到】
: The HOA claims the Bylaws give them the power to choose a collection policy
: but there is no such description in the Bylaws. If they lose, will it be
: considered as HOA side's fraud？
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