Timeline for Can someone be compelled to prove they are complying with a contract? (If contract doesn't stipulate such proving)
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6 events
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| May 19, 2020 at 16:55 | comment | added | Charles E. Grant | @grovkin and if fact it probably does. I'm really only familiar with Washington HOA law, but I think this part of law is generally similar across states. In Washington, the law only states that the schedule of fines has to be established, and be reasonable, and that there must be notice, and a process for appearing before the board to contest the fine. I think the law grants wide leeway to the board in terms of procedure and standards of evidence. | |
| May 19, 2020 at 11:53 | comment | added | grovkin | @CharlesEGrant from my reading of the OP question, it seems to suggest that the bylaws have a prohibition without specifying any procedure to demonstrate compliance or any penalties for non-compliance. The OP seems to suggest that the HOA is making up rules on the fly and that someone on the board suggested that the mere existence of a prohibition allows them to do this. | |
| May 18, 2020 at 23:05 | comment | added | Charles E. Grant | This is incorrect, at least in the US. Laws regarding HOA vary across the states, but I think all of them allow HOA to charge reasonable fines for violations of the rules or covenants of the HOA. In Washington state this is covered by RCW 64.34.304(k). The process for assessing fines is laid out in the bylaws adopted by the HOA. | |
| May 18, 2020 at 21:29 | comment | added | Billy left SE for Codidact | So it comes down to preponderance of evidence because its civil not criminal. And iirc, in a civil case, a defandant who remains silent, looses. Really? That sucks. I guess in this case, we need to decide, why we believe it's inoperable, and how we would articulate that as evidence as such in a lawsuit. Right? | |
| May 18, 2020 at 21:24 | comment | added | grovkin | Can you, please, clarify the 1st sentence. Also, "partental"? Is that a typo? | |
| May 18, 2020 at 21:20 | history | answered | user6726 | CC BY-SA 4.0 |