HOA, what bs!
Posted by:
Kiki
()
Date: February 18, 2016 04:09PM
I live in Belmont Country Club, Ashburn (outside of the gates). The community is known for discriminating against the homeowners who reside outside 'The Almighty Black Iron Gates', as we pay lower monthly HOA fees, (to the tune of $270), which in turn, gets us less attention with our community's concerns, and more scrutiny on our properties.
I have lived in this community for over 10 years, and have faithfully paid my monthly dues, without fail, never missing a payment.
Back in the summer of 2014, I was using a lawn service, to treat my flower beds for weeds. As a result, there was an adverse effect with the treatment in eliminating the weeds in one of my beds.
The flower bed developed very thick, very stubborn thistle weeds, which became painstakingly difficult to remove. I tried numerous times to remedy the situation, which eventually got out of hand. Several notices were received by me from my HOA to resolve my weed issue. Unfortunately, my endless attempts at removing those pests were unsuccessful. That Fall 2014, I received a nasty gram regarding the weeds, and was assessed a covenants violation fee of $500!
I found this fee to be outrageously exorbitant, and atrocious. And, was certainly not planning on paying such a ridiculous covenants violation assessment. Also, around the time of this notice, I suffered a great personal loss. My mother passed suddenly of a heart attack. Her passing was emotionally devastating and crippling. Frankly, the HOA violation covenants issue pertaining to my weeds was the last thing on my mind. In addition, my Father (at that very time), needed my assistance 24/7 with his Parkinson's Disease. I was living two weeks out of the month, going to and from Ashburn to Fairfax, to give my Father around the clock care.
Time quickly passed while caring for my Father, and winter then set in. Eventually the weeds had died. There was no longer a weed issue. . While caring for my Father around the clock, I completely overlooked the covenants violation, but never forgot the issue. My intentions were to eventually address the astronomically high assessment with Belmont Country Club's Board of Executives.
Once I was able to catch my breath in getting assistance with care for my Father, I planned to address the situation with the HOA board during one of their evening meetings in February 2015. I attended the meeting, presented my case, apologized for the delay in addressing the situation, and assured The Board this would not be an issue in the future.
I also explained to The Board my living situation. Being absent for two weeks per month from my property, to care for my Father with Parkinson's at his home in Fairfax, made it difficult to rectify and resolve the issue, as I was at my home half the time. In addition, during the meeting, I addressed to The Board, my initial negligence for the lack of remedying the situation, due to my Mother's devastating sudden passing. I explained to The Board that I was highly distracted over my Mother's sudden loss, and was in a deep, and long grieving process.
To my surprise, The Board did not dismiss the case and showed not one ounce of sympathy. Also, because the violation fee was not paid back in September 2014, upon receipt of their notification, I was assessed an addition $400 in late fees. Thus making the total violation fee of having weeds in one of my flower beds $900+!
From there, I requested The Board revisit their decision, and asked that they show a little mercy towards my situation.
I was blatantly ignored, and dismissed. I requested to meet with the board again, and was denied my request.
A month later I received a certified letter from the HOA's attorney, suing me for $900, plus another $375 in legal fees!
At that point, I contacted their attorney's office, and explained my situation to the law firm's Paralegal. She seemed a bit understanding, and sympathetic to my situation. She suggested I submit a letter with the chain of events leading up to this point. I did as she instructed, and sent the letter certified. The letter included documentation of several lawn service visits to remedy the weed situation (but in this case made it worse), and in addition, brought up my own several attempts at removing these stubborn weeds.
As mentioned, the letter was sent certified. I called & confirmed the firm had received my letter.
I was told by the Paralegal my case would be further reviewed, and that I would be hearing back from the attorney in charge of my case shortly.
I never received a return call. And, thought no news is good news.
I figured the firm concluded the case to be absurd, and believed it was dismissed, based on my several attempts to remedy the issue.
More importantly, the issue was no longer an issue.
Just recently, I received a notice from the law office stating I owe $1800 due by the end of February 2016, and that there is a lien on my property!
I'm shocked, disappointed to say the least, and very disgruntled.
Thank you for reading this entire story up to this point. Any feedback, whether good, (or maybe not what I want hear), would be greatly appreciated!
Thank you!