I bought a condo 18 months agos rented ti same tenants that lived there the last 15 years. Las month the HOA sent me a notice of a violation due to exesive noise (the unit is occupied just by a 70 years old retired lady), I asked the tenant and she refused the charges and I informed the HOA. Last week they repited the violation and charged me with a fine of 25. I know there was some history with the neighbors below. Any advice on how to proceed? I am concerned about how to manage if this keep growing (do I need an attorney?)
The law (likely) should have guidelines for issuing fines. If not the law, 100% the CCRs, R&Rs, or By-Laws will. It's going to be area specific, but usually you are allowed a certain amount of time to contest the fines. Some must issue warnings before a fine. They may need to inform you of this.
Contest the fines with the Board. Who heard the noise? Only the downstairs neighbor? He said / she said. They have no proof. Is there a record of what time the noise occurred? Not Saturday afternoon, but Saturday at 11:03 AM. Where was it coming from? What caused it? Could it have been from another unit or coming from outside? Was it during "quiet hours"? How long did it last? Basically, push back at the Board. Prove there was a noise, prove it was unreasonable, prove it lasted long enough to cause a disturbance, prove it was during quiet hours, and most importantly, prove it came from my unit.
If they don't back off, a letter from an attorney would likely work. You can also pay the fine and sue in small claims court.
@Fernando Villasol Hey Fernando - this is something we have dealt with a few times before. Happy to talk it through, but I agree that if you continue to grow your portfolio issues like this will come up more and more.