OLD TOWN VILLAGE HOA OLD TOWN VILLAGE HOMEOWNER'S ASSOCIATION CHARGES BASELESS HOA FINES; WON'T COMMUNICATE OR WORK TO RESOLVE DISPUTE Leander/Austin, Texas

On January 14th and April 25th 2010, I sent the email below to all members of the Old Town Village Homeowners Association for their HOA at the subdivision in Leander, Texas, to appeal the fine for removal of trash in front of the home where I reside, at in Leander TX.

My understanding is that appeals should be discussed within 30 days. It has NOW been more than SIX months, and I have not heard any response from anyone, with only the exception that one among the four listed email addresses on the HOA board to whom I sent the request one replied and said they are no longer a member of the HOA board, and replied only replied to tell me that. Beyond that, NO MEMBER OF THE HOA has even acknowledged receipt or that they read my original email.

All I want is for them to send me answers to the appeals request below so I may understand based on the facts as I understand them, why the fine has been imposed, especially when I received no friendly warning as delineated in the homeowners association rules, and as to the various other details as listed below.

My present belief is that this board is either somehow inept or deliberate in levying fines as described below; and possibly does so for profit motives (perhaps not personal).  I am very frustrated that they will not communicate with me at all.  I am hoping this public posting as accurately as I am able based on my understanding, will somehow help spur further action, or possibly warn others.

On Thu, 14 Jan 2010 15:20:22 -0500, I wrote:

REQUEST TO APPEAL FINE FOR TRASH CONTAINER FINE AS DETAILED BELOW PROPERTY ADDRESS: xxxxxxxxxxxxxxxx, LEANDER TX 78641 

I am sending to all board members, as I am not certain to which I should send such requests.  I received today notice from my landlord that the home above that I rent through his management company has been assessed fines totalling $207.50 for trash can violations at the property above where I reside. I would like to dispute and appeal these fines on a few bases as detailed below, and request that they be rescinded.

1. In accordance with the OTVHOA published "Policy on Warnings and Fines" the following are applicable sections to my request 

"...Violations will receive a Friendly Reminder first, followed by a Warning and then a Fine." 

and 

"...Fines will continue to be assessed every 10 days in > incremental amounts of $50.00 until corrective action has been taken to the satisfaction of the board and management. (i.e. 1st fine-$50.00, 2nd fine-$100.00, 3rd fine-$150.00) These fines are cumulative in nature."

and

"...Three warnings for the same violation in a six-month period > will constitute a fine of $50.00."

Based on the above details, the only communication I have received was notification of an initial fine in December which I take responsibility for my ignorance that I did not realize I needed to keep the dumpster in the garage or back yard. I won't make excuses for that.

However, I never received a friendly reminder or warning, only that first fine notification; followed by notice that I now must pay the sum above of  $207.50.  I am unaware of any friendly reminder or of any of the three warnings being issued. Additionally, the policy states that three warnings in a six- month period will constitute a fine of $50 (per above quote from the published policy).

If any such friendly reminder or warning was issued, it was not communicated to  myself or any member of my household. Additionally, this all took place over a period  of weeks rather than the prescribed six months.

2. Since receiving notification of that initial fine (in lieu of the prescribed warnings in the policy on fines and warnings document above), we have been diligent in keeping the dumpster in the garage continuously. There was a recent windstorm (around the time of the fine) which left a neighbors dumpster lying in the street in front of my house (which it sounds like is not the case), and a day or so while my son was assembling his fitness equipment in the garage. I received no warnings or friendly reminder regarding either of them (even though the dumpster on its side in the street belongs to a neighbor). I am frustrated that I have not received any communication other than to let me know that I owe $207.50 fine for this.

3. Even if the prescribed "friendly reminder" and "three warning" over the six month period had both been issued (which to me or my household, they were not), I do not understand how the prescribed first fine of $50 (after the reminder and warnings) adds up to $207.50.  I strongly request that on the basis of the above combined  considerations, and based on the published "OTV Policy on Fines and Warnings", that this fine be rescinded for the above reasons. In return, I am willing to consider these two incidents (the only communications I have received in this matter indirectly from the HOA - via my landlord) as both the "friendly reminder" and first "Warning" of the three in a six month period as prescribed by the published policy noted above. From the prescribed policy in the HOA document detailed above, combined with other details above, the amount fined does not appear to be in accordance with the above OTVHOA policy, nor does the number of notifications of violation correspond with what fine should or should not be levied.

Thank you very much for your consideration in this appeal request.