the hoa is trying to fine me for a shed i put up two years ago and nobody said nothing til now, can they even do that th

Depends on what your HOA Bylaws state, but most likely yes. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

Remi, delay helps you more than most people expect, but it does not automatically end the HOA's right to fine you. Whether two years of silence blocks enforcement depends on your state's law and on your own governing documents, and in many states a long, known lapse gives you real arguments (waiver, estoppel, or laches) even though some CC&Rs say late enforcement is never a waiver. Here is what I would do this week. First, pull your CC&Rs, rules, and the fine notice and read exactly what they say about sheds and about architectural approval. Second, check whether you ever submitted a request or got any approval, even by email, because a written approval or a board member signing off at the time is your strongest fact. Third, look at the fine process itself. Many states require written notice and a chance to be heard by the board before a fine can be imposed, and a fine that skipped that step is often invalid on its own. Ask the HOA in writing for the notice, the hearing date, and the specific rule they say you violated. Do not ignore the notice or stop responding, since unpaid fines can turn into liens in some states. Respond in writing, request a hearing, and keep copies of everything. If the shed could actually be approved after the fact, applying for retroactive approval is often the cheapest way out. If they refuse and the amount is real, an hour with an HOA attorney in your state is money well spent. I am a real estate professional, not an attorney, so treat this as a map and not legal advice. If you tell me your state I can point you to what to look for, and if a move or a sale is part of the picture, I am happy to help or connect you with a strong local agent. This is Zoltan Peresztegi, and I hope it helps. Zoltan

In Indiana if its in the covenant and restrictions that there are to be no sheds, etc., then they can have you take it down. It's always good to look over them before purchasing a home. Also, always ask before doing anything to the property if there are covenants and restrictions!

The two-year delay alone doesn't tell you whether the HOA can enforce the rule. Start with the exact restriction they're citing and whether you received written approval for the shed. Request the violation notice, the fine calculation, and the procedure and deadlines for disputing it. North Carolina law provides a notice and hearing process for HOA fines, with the declaration also affecting the procedure. Don't ignore a response deadline while you're gathering records. If you have approval emails, meeting notes or earlier correspondence about the shed, keep those together. An attorney who handles North Carolina HOA disputes can assess what the delay and those records mean under your documents. A late complaint isn't automatically invalid, but a fine isn't automatically valid just because the HOA sent it. Austin Moore Broker/Owner, Austin Moore & Company Real Estate Realtor in Longview, Texas