Challenging HOA imposed fee .... (Atlanta: sale, 2013, leasing)

[ATL Golfer]

An HOA where I'm a condo owner feels I owe them $550 for adding someone to title.

There is a paragraph in the HOA docs that says transfers trigger the new owner to come up with a capital contribution that is 2x monthly dues.

This clause is not for my situation in my opinion. The spirit of the document/clause is to collect this at a true sale/transfer of the property. They are simply trying to double dip because they suspect unauthorized leasing and that is beyond the point.

I guess my question is, how do I legally go about them removing the fee from my ledger? It will take legal action and I don't want to hire an attorney. I feel if I just file an action in court, they will drop it as they won't want to pay an attorney to squabble over $550 as their legal fees will surely surpass that ...my hope is that business sense hits one of the board members upside the head.

[cully]

Right about the attorney. As a corporation, they'll have to have one for one thing.

The easiest, most effective thing imo would be to get an attorney who can write a good letter. Sometimes that does the trick.

You did not transfer title. You added to it but it never transferred out of your name.

[KittyAtlanta]

Half of the title was transferred, therefore a transfer occurred. Although not an absolute change of ownership, it is a change of ownership. I'd just pay it. It's $550, for goodness sake.

[cully]

You might start with a nice email saying you are in receipt of their letter about such and such and asking them to kindly define "transfer of title". They may actually say when there is a sale or something.

Come up with some more facts and that might make them see the point.

Definitely a vehile name change or adding someone to the vehicle title is listed as a transfer of vehicle title which requires a fee to DMV. You home is not a vehicle.

Can you say, for example, it was not a transfer of title since you did not pay a transfer fee? Is this so?

Did no mortgage due on sale clause kick in as it will for some transfers of title?

Was it more a gift so that now it's joint tenants with no transfer? Anyone paying gift taxes?

If any of these apply you could perhaps argue it was then not a true transfer.

[samiwas1]

Originally Posted by KittyAtlanta

It's $550, for goodness sake.

Yeah, pocket change! Or, you know...not.

[cully]

Your state did try to do away with this altogether but it did not work and there's a new law in 2013 that there can be a transfer fee. Let us know if you establish the parameters for it.

[ATL Golfer]

As a follow-up. I know they are just trying to double dip because they suspect unauthorized leasing.

I had my title examiner pull all quite claim deeds and the like that added someone to title within the community...where the original owner is still an owner of record. I then emailed them to the HOA board and asked if they can prove these residents were charged. If not, they have set precedence on how they interpret the docs. Should they wish to pursue this matter, they are bullying me, interrupting my right to quiet enjoyment and will be sued accordingly if they keep it up.

That was a while ago. They have not replied. However, I assume the charge is still on my ledger.

As far as this ONLY being $550, I have HOAs and Mmgt Co's hitting me up for all kinds of fees that a typical owner is not charged. I don't see how I'm any different. It's time to take a stand and stop the bleeding. I've been paying them for too long.

[10 feet tall]

Taking them to court will cost more than $550.

[IC_deLight]

Originally Posted by ATL Golfer

As a follow-up. I know they are just trying to double dip because they suspect unauthorized leasing.

I had my title examiner pull all quite claim deeds and the like that added someone to title within the community...where the original owner is still an owner of record. I then emailed them to the HOA board and asked if they can prove these residents were charged. If not, they have set precedence on how they interpret the docs. Should they wish to pursue this matter, they are bullying me, interrupting my right to quiet enjoyment and will be sued accordingly if they keep it up.

That was a while ago. They have not replied. However, I assume the charge is still on my ledger.

As far as this ONLY being $550, I have HOAs and Mmgt Co's hitting me up for all kinds of fees that a typical owner is not charged. I don't see how I'm any different. It's time to take a stand and stop the bleeding. I've been paying them for too long.

The "transfer fee" was probably a windfall fee for the management company anyway - never actually going to the condo corporation. There is no basis for these junk fees. Standard operating procedure.

[ATL Golfer]

Originally Posted by 10 feet tall

Taking them to court will cost more than $550.

Showing up in court to challenge me will also cost them more than $550...the amt they are trying to cover. Not a good use of HOA funds to spend $X dollars on attorneys to recover an amt that is less than the attorney. The goal is to have this settled and cleared before court.