HOA charging unjust late fees, what rights do I have (Welcome: sale, 2015)

[rx7se]

Hello all,

My wife and I closed on a home in a HOA community in December 2015 and part of the closing costs included a prorated payment to the HOA for that month. January, February, March all the way until June of this year rolled around without receiving a welcome letter or any introduction to the HOA in the community. The only thing that came in July was the HOA fees with attached late fees and taxes for being over 90 days late! Upon receiving that I called repeatedly with no answer and ultimately messaged someone on the Nextdoor app and told them the situation. Conveniently I got a call back after that in which they told me they sent out the HOA fees in November of the previous year (obviously did not live there at the time) and said they don't have a way of knowing when someone moves in or out. I don't see how that's our problem. They can't pickup a phone or send an email?

I immediately sent them the yearly HOA payment minus the late fee with my explanation on it being unjust and received a letter from them yesterday saying that my "request to defer the late fees has been declined by the board committee".

Granted the late fees are relatively small, I'm just insulted that the first thing I receive from our HOA is a late fee, threats on collection accounts, etc. and the assumption that I'm lieing about never receiving anything in the mail. Being a first time home owner and obviously first time in a HOA community, are they a group that frequently give home owners trouble?

What rights do I have in this situation and how do I address it?


Thank you for your time,

~Anthony

[Proud Father]

Just pay the late fees. Your attorney should have went over this when you reviewed documents at the closing.

[chb119]

Originally Posted by rx7se

Hello all,

My wife and I closed on a home in a HOA community in December 2015 and part of the closing costs included a prorated payment to the HOA for that month. January, February, March all the way until June of this year rolled around without receiving a welcome letter or any introduction to the HOA in the community. The only thing that came in July was the HOA fees with attached late fees and taxes for being over 90 days late! Upon receiving that I called repeatedly with no answer and ultimately messaged someone on the Nextdoor app and told them the situation. Conveniently I got a call back after that in which they told me they sent out the HOA fees in November of the previous year (obviously did not live there at the time) and said they don't have a way of knowing when someone moves in or out. I don't see how that's our problem. They can't pickup a phone or send an email?

I immediately sent them the yearly HOA payment minus the late fee with my explanation on it being unjust and received a letter from them yesterday saying that my "request to defer the late fees has been declined by the board committee".

Granted the late fees are relatively small, I'm just insulted that the first thing I receive from our HOA is a late fee, threats on collection accounts, etc. and the assumption that I'm lieing about never receiving anything in the mail. Being a first time home owner and obviously first time in a HOA community, are they a group that frequently give home owners trouble?

What rights do I have in this situation and how do I address it?


Thank you for your time,

~Anthony

Welcome to an HOA,

You have a couple of options, hire a lawyer, go to meetings and argue, just not pay and see if they file a lien then fight in court. Best option pay the small fee and reconsider if you want to live in that community with that type of HOA.

[rx7se]

Originally Posted by chb119

Welcome to an HOA,

You have a couple of options, hire a lawyer, go to meetings and argue, just not pay and see if they file a lien then fight in court. Best option pay the small fee and reconsider if you want to live in that community with that type of HOA.

I suppose the last option would be the best since time is money. It's just a shame to pay a late fee on a payment we had been waiting for.

[getatag]

Your attorney at the closing was probably in error. The attorney is hired to perform research of the title and any current or late fees associated with the property. There should have been a disclosure statement of all fees and your part in payment of those fees. If something was amiss after the sale that wasn't documented the attorney of record or more probably the title search firm is responsible for payment.

I was just involved in a similar scenario. The association eventually agreed to waive the late fees. At that point the Attorney (either through the previous owner or the title firm) had the payments brought up to date.

[TheEmissary]

Originally Posted by getatag

Your attorney at the closing was probably in error. The attorney is hired to perform research of the title and any current or late fees associated with the property. There should have been a disclosure statement of all fees and your part in payment of those fees. If something was amiss after the sale that wasn't documented the attorney of record or more probably the title search firm is responsible for payment.

I was just involved in a similar scenario. The association eventually agreed to waive the late fees. At that point the Attorney (either through the previous owner or the title firm) had the payments brought up to date.

As secretary of my HOA, I'd waive the late fees entirely for something like this. When I moved into my development, I lived there for more than a year and never got a bill for dues. I went to the annual HOA meeting and found from the management company, that I wasn't in their homeowner list. They didn't even know me or my house existed. They waived the late fee for the second year because they found year one had been paid at closing. I got on the HOA board and have been on it for the last 9 years. That's one way to ensure you're not missing anything!

[getatag]

Originally Posted by TheEmissary

As secretary of my HOA, I'd waive the late fees entirely for something like this. When I moved into my development, I lived there for more than a year and never got a bill for dues. I went to the annual HOA meeting and found from the management company, that I wasn't in their homeowner list. They didn't even know me or my house existed. They waived the late fee for the second year because they found year one had been paid at closing. I got on the HOA board and have been on it for the last 9 years. That's one way to ensure you're not missing anything!

As a member of your HOA board you have a right to do this. I have done it also as a member of my HOA board.

BUT

If you are purchasing a house/condo and hired a closing attorney he will negotiate with the HOA up to a point. Our condo HOA has a management company that makes all the decisions regarding waiver of late fees. My attorney had to deal directly with the management company, not the HOA.

[Lassielad]

Originally Posted by rx7se

Hello all,

My wife and I closed on a home in a HOA community in December 2015 and part of the closing costs included a prorated payment to the HOA for that month. January, February, March all the way until June of this year rolled around without receiving a welcome letter or any introduction to the HOA in the community. The only thing that came in July was the HOA fees with attached late fees and taxes for being over 90 days late! Upon receiving that I called repeatedly with no answer and ultimately messaged someone on the Nextdoor app and told them the situation. Conveniently I got a call back after that in which they told me they sent out the HOA fees in November of the previous year (obviously did not live there at the time) and said they don't have a way of knowing when someone moves in or out. I don't see how that's our problem. They can't pickup a phone or send an email?

I immediately sent them the yearly HOA payment minus the late fee with my explanation on it being unjust and received a letter from them yesterday saying that my "request to defer the late fees has been declined by the board committee".

Granted the late fees are relatively small, I'm just insulted that the first thing I receive from our HOA is a late fee, threats on collection accounts, etc. and the assumption that I'm lieing about never receiving anything in the mail. Being a first time home owner and obviously first time in a HOA community, are they a group that frequently give home owners trouble?

What rights do I have in this situation and how do I address it?


Thank you for your time,

~Anthony

The HOA should have a copy of the registered or certified letter sent to you. Ask for it. And, it is normal to let the HOA know when you sell a house as you have to pay HOA dues as long as you own it. The previous owner owes HOA dues until the day you signed for the house. If you have a dispute, you can ask for a HOA meeting to resolve the issue. They have to do that and they will.

[hooligan]

Originally Posted by rx7se

Hello all,

My wife and I closed on a home in a HOA community in December 2015 and part of the closing costs included a prorated payment to the HOA for that month. January, February, March all the way until June of this year rolled around without receiving a welcome letter or any introduction to the HOA in the community. The only thing that came in July was the HOA fees with attached late fees and taxes for being over 90 days late! Upon receiving that I called repeatedly with no answer and ultimately messaged someone on the Nextdoor app and told them the situation. Conveniently I got a call back after that in which they told me they sent out the HOA fees in November of the previous year (obviously did not live there at the time) and said they don't have a way of knowing when someone moves in or out. I don't see how that's our problem. They can't pickup a phone or send an email?

I immediately sent them the yearly HOA payment minus the late fee with my explanation on it being unjust and received a letter from them yesterday saying that my "request to defer the late fees has been declined by the board committee".

Granted the late fees are relatively small, I'm just insulted that the first thing I receive from our HOA is a late fee, threats on collection accounts, etc. and the assumption that I'm lieing about never receiving anything in the mail. Being a first time home owner and obviously first time in a HOA community, are they a group that frequently give home owners trouble?

What rights do I have in this situation and how do I address it?


Thank you for your time,

~Anthony

I'm betting there's language in your HOA contract that says you're responsible for the monthly payment whether you receive a payment book/invoice/whatever or not.


So, you knew you lived in an HOA, knew there were monthly fees, knew you weren't paying them for 6+ mos and you feel YOU'VE been wronged somehow?


Did you ever reach out the management company or HOA board and inquire about how you were supposed to remit your monthly dues?

[cully]

States I'm familiar with require the closing agent (attorney, title company, whoever) to call or write the HOA to determine if all HOA fees are up to date with the owner at that time. If not, they are taken out at closing from the seller and paid to the HOA.