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Wasn't there another thread almost just like this?
Sorry, OP. You owe the money. You knew you owed it. You obviously knew how to get in touch with the HOA and either had the address, or could have gotten the address. You don't need a coupon to mail a check.
My HOA wants me to pay $2165 Attorney fee for filing a lien on my property even though they caused the problem in the first place. After I bought my house I contacted the HoA to pay my monthly fee, they said they will send a coupon for payment . I did not get the coupon until four months later after several phone calls to the management company. A month later I got a mail demanding for the four months outstanding. I called the management company and had an agreement verbally with manager that I should spread the outstanding which I did finished paying after three months. Unfortunately during this period they changed management and the new one saw the outstanding sent it to collection and attorney threatened me with a lien, and 18 days later without waiting for me to respond , they did filed the lien. After going back and fourth , the HoA without acceptance of guilt wrote that they are ready to waive about $800 in collection cost , interest and cost of filing the lien, however I still have to pay the over $2000 attorney fee and attorney is ready to give me 10% of this. The question now is do you think I have a good case against my HOA because I am getting ready to file a lawsuit against them. The ledger they sent me showed clearly I am not owing any monthly dues or assessment fee.
You have nothing in writing rearding anything and they have documentation to prove that you did not pay the fee that was due. Without anything in writing regarding your telephone calls or agreement with the previous manager I seriously doubt you will get too far in court.
I am not an attorney though so any legal issues should be handled by an attorney who specializes in these type of issues.
In the future get absolutely everything in writing, do not make telephone calls regarding such issues, it always ends as a he said/she said and nothing is resolved the way you want it to be.
The other thing you can do is refrain from moving into an area that has a Home Owners Association then there are no issues, fees, liens or attorneys to deal with.
The HOA is going to send a lawyer to court if you sue. This will cost a good amount of money. When you lose, and you will, they will add this amount to what you owe. You could end up owing $10,000 or more. It's not an option to not pay. They will foreclose and a judge will take your house away from you. Just like a city will take your home away if you don't pay real estate taxes.
It likely didn't cost anything close to $1800 for the 'lawyer' to file the lien--if indeed they filed it at all, or just sent you a nasty letter. Agree to pay half, or their 'costs'.
IF it goes to court, you can, and should, get an affidavit from the previous manager stating what you told us here. Discovery...that is part of the legal process. He is obligated to respond to the order of the court.
As stated, it will cost you WAY more to fight than it will to just gag on the $2,000 and chalk it up to experience.
Just curious...why is the HOA being administered by a manager? Aren't these things usually just a bunch of the neighbors who run these things?
BTW, I am a big fan of well run HOA's. But there is a lot of 'slippage'.
It likely didn't cost anything close to $1800 for the 'lawyer' to file the lien--if indeed they filed it at all, or just sent you a nasty letter. Agree to pay half, or their 'costs'.
Typically HOA lawyers don't charge HOA's upfront. The lawyers know they will get their money from the homeowner. It probably did cost $1800 for the lawyer. At $400 hour, that's only 4.5 hours to review all the hundreds of pages of CCR/Bylaws to make sure it's legal to file the lien. Review the account of and procedures. Review all the late fees to see if they comply with the law. Come up with a figure. Write up the lien paperwork. File the lien with the courthouse.
The HOA doesn't have to settle for half. Because it is entitled to 100%, they rarely settle for less than 100%.
When is the last time you successfully negotiated with the town to knock a $1000 off your real estate taxes? LOL. Not going to happen.
> Just curious...why is the HOA being administered by a manager?
Many HOAs, especially larger ones, hire a management company. The management company takes direction from the board (or at least it SHOULD, some boards don't assert themselves).
The fact that there was a recent change in management company suggests that the previous one was considered deficient. Maybe because they weren't good at putting things down on paper?
> It likely didn't cost anything close to $1800 for the 'lawyer'
There may be some flexibility on this but it won't appear until checks start to appear.
HOAs don't want to fine or lien, they want performing properties.
Just curious...why is the HOA being administered by a manager? Aren't these things usually just a bunch of the neighbors who run these things?
I live in an HOA with about 50 homes and we use a management company. Most HOA's do not have the means to have an attorney on retainer, the accounting knowledge or resources to maintain the books or to keep the HOA in compliance with state and local ordinances/guidelines.
Community Association Managers are often used in large and medium sized communities. All communities can manage their own affairs if they are willing and able to do so while staying within compliance.
You waited 4 months to pay anything, then another 18 days to pay AFTER threat of lien and collection.
"Lack of coupon" is not an excuse for non-payment.
Yes, because there was no way for me to make the payment. I took a check to the management office the first month and the manager told me to hold on to it that they have not created an account for me. I kept calling for her to give me an account to make payment but she gives one excuse or the other. She waited until January when they issued coupon to the whole community. The treasurer confirmed knowing about the situation. My problem is that there wouldn't have been any arrears if they have given me the coupon in the first place and I don't think it is right for them to add interest to it.
The law says they must wait for 30 days for me to dispute or accept the debt befor filing a lien , they did not follow the procedure . Also there were so many mistakes on my ledger that they keep correcting their mistakes with one mail or the other.
First, they said it is the debt from the previous owner, then they said it is the arrear from not giving me the coupon and it goes on and on like that. They know they made a lot of mistakes in handling my case that is why they wrote off all debt they are claiming except for the attorney fee. Why should be the one to pay for their mistake?
You have nothing in writing rearding anything and they have documentation to prove that you did not pay the fee that was due. Without anything in writing regarding your telephone calls or agreement with the previous manager I seriously doubt you will get too far in court.
I am not an attorney though so any legal issues should be handled by an attorney who specializes in these type of issues.
In the future get absolutely everything in writing, do not make telephone calls regarding such issues, it always ends as a he said/she said and nothing is resolved the way you want it to be.
The other thing you can do is refrain from moving into an area that has a Home Owners Association then there are no issues, fees, liens or attorneys to deal with.
Yes, because there was no way for me to make the payment. I took a check to the management office the first month and the manager told me to hold on to it that they have not created an account for me. I kept calling for her to give me an account to make payment but she gives one excuse or the other. She waited until January when they issued coupon to the whole community. The treasurer confirmed knowing about the situation. My problem is that there wouldn't have been any arrears if they have given me the coupon in the first place and I don't think it is right for them to add interest to it.
The law says they must wait for 30 days for me to dispute or accept the debt befor filing a lien , they did not follow the procedure . Also there were so many mistakes on my ledger that they keep correcting their mistakes with one mail or the other.
First, they said it is the debt from the previous owner, then they said it is the arrear from not giving me the coupon and it goes on and on like that. They know they made a lot of mistakes in handling my case that is why they wrote off all debt they are claiming except for the attorney fee. Why should be the one to pay for their mistake?
That doesn't quite jive with what you said in your OP
Quote:
I did not get the coupon until four months later after several phone calls to the management company. A month later I got a mail demanding for the four months outstanding. I called the management company and had an agreement verbally with manager that I should spread the outstanding which I did finished paying after three months.
You should have been able to pay ALL FOUR MONTHS OUTSTANDING as soon as you received the coupon. Then you would never have had anything outstanding for the next management company to use to send you to collections. Instead, when they wouldn't take your payment without a coupon, you spent the money.
And verbal agreements are worth zero.
It's your responsibility to pay the fees, and if for whatever reason they wouldn't accept them, get it in writing that you tried. Then don't spend the money until they will accept them, and get a receipt or other valid proof of payment.
I'm sorry, but you're just wrong in this. I'd appeal to the HOA board and try to get a reduction in the attorney fees.
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