My HOA Served Me a Violation Code Letter but Gave it to My Thirteen Year Old. Is This Proper?

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‘My satellite dish can be seen from the road which is a code violation in our neighborhood. I have scheduled Directv to correct the problem. The HOA President hand delivered a code violation letter, not in an envelop, to my 13 year old son. Is this a violation of the law or just bad etiquette? Needless to say I wasn’t thrilled with the delivery method. Thanks.’

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Interesting question, and the answer is . . . it depends. Notices are generally something you serve as a first step to something more drastic, and without seeing your HOA documents, I can’t say what the next step would be if you don’t comply with the notice.

If it’s a purely internal action within the HOA, then most likely the HOA documents would be controlling, but your state’s laws could override the HOA documents. However, if the next step is some legal action, like
potentially liening your property, then the law in your state would necessarily come into play.

The requirements for proper service vary from state to state, so I couldn’t say whether service on a 13-year-old member of the household is effective. If it’s not, then that might be a defense against whatever
action the HOA attempts to take next. Or not. Your state may make an exception where you receive actual notice, as you did in this case, regardless of any technical defects in the service.

When you politely complain about this, I’d certainly emphasize the rudeness aspect.



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Author: House Attorney

A house attorney has answered this question.