Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘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.’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.
Question: 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.
Answer:
When you politely complain about this, I’d certainly emphasize the rudeness aspect.
