Can I be forced to pay an assessment?
Full Question:
Answer:
The answer will depend in part on the language on the HOA rules. Often, there are terms in the rules governing when notices will be given for infractions of the rules and the time frame in which a homeowner may repsond or appeal before a fine is assessed.
If the HOA rules don't specify any time in which the homeowner may respond before a fine is assessed, general principles of law may apply. Laches is an equitable legal concept derived from notions of fairness, in which the court will prevent a party from collecting damages if the party waited too long to assert its rights, and the defendant was harned due to the delay.
Laches is defined as an unreasonable delay that causes prejudice to the other party. There is no "bright line" rule to determine whether laches will apply, the court must evaluate each case on its own set of facts. To succeed with a laches defense, both of the following factors must be proved: (1) unreasonable delay, and (2) undue prejudice. Therefore, it must not only be shown that there was an unjustified delay, but that the delay caused a disadvantage. Often, this is applicable when the delay has caused it to become more difficult for a party to obtain witness testimony, or the party aserting the laches defense has changed their position in a way that can't be restored to the state it was in if the rights were asserted in a timely manner. For example, it is possible that if the notice was given timely, the repair would have been less costly than the repair would be given further deterioration over time. However, the court may also find that there was a duty to repair, regardless of the timing of the notice.
It will be a matter of subjective determination for the court, based on all the facts and circumstances involved. Some of the factors the court may examine, among others, might include the extent of the deterioration of the driveway during the period of time involved and the length of time between giving the notice and assessing the fine.
Please see the information at the following links:
http://definitions.uslegal.com/c/contract-law/
http://definitions.uslegal.com/l/laches/
http://definitions.uslegal.com/e/estoppel/
http://lawdigest.uslegal.com/real-estate-laws/homeowners-associations/
