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Old 07-18-2013, 01:10 PM
 
7 posts, read 12,960 times
Reputation: 16

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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.
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Old 07-18-2013, 01:19 PM
 
Location: The Triad (NC)
26,859 posts, read 57,900,981 times
Reputation: 29278
Quote:
Originally Posted by Alittleskeptical View Post
My HOA wants me to pay $2165 Attorney fee for filing a lien on my property even though...
The question now is do you think I have a good case....
I think HOA's are the spawn of the devil, but if you want legal advice see a lawyer.
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Old 07-18-2013, 01:48 PM
 
Location: Brentwood, Tennessee
39,066 posts, read 37,716,477 times
Reputation: 73706
No.

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.
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Old 07-18-2013, 01:52 PM
 
Location: Ocala, FL
3,119 posts, read 5,751,064 times
Reputation: 2639
Sad part is that the HOA incurred the fee to pay the attorney already, not likely they are going to eat the entire cost voluntarily. You could speak with your own attorney at your own expense. You could go to small claims court, but I don't think you would win.
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Old 07-18-2013, 03:22 PM
 
Location: Phoenix, AZ > Raleigh, NC
14,301 posts, read 17,512,523 times
Reputation: 22132
Quote:
Originally Posted by Wmsn4Life View Post
No.

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.
Yep. And you knew you owed the money, so why didn't you just stash it instead of having to spread the payments over a 3 month period?

And remember - get it in writing. Phone calls about money, business, etc. should avoided. When they ARE necessary, end them with "I'll send you an email confirming what we just agreed to. Please reply to my email that you agree with these terms."

I would, however, appeal to the HOA board and try to get the amount reduced. Probably not gonna happen, but that won't cost you anything except some time.
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Old 07-18-2013, 03:47 PM
 
2,393 posts, read 4,862,876 times
Reputation: 4511
1. Pay up now and stop the bleeding.

2. Grovel and try to get the amount reduced.

3. Track down the previous manager and try to get an affidavit confirming what you say. THEN (if you have $ and time to spare) you can talk to a lawyer.
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Old 07-18-2013, 03:52 PM
 
2,091 posts, read 5,957,645 times
Reputation: 2145
What everyone else said, what Ford credit said when I missed a car payment when I moved to florida. Not getting the bill because my mail wasn't forwarded correctly is no excuse for not paying it.
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Old 07-18-2013, 08:07 PM
 
4,480 posts, read 7,942,875 times
Reputation: 6404
Just like taxes, the HOA can and will foreclose on your home if you don't pay. Legally, they can do this. Doesn't matter how much you owe on your mortgage.

Under a typical HOA, they cannot legally waive dues. While most can waive late fees, they don't have to. My guess as to what will happen, you will pay all back dues, attorney fees, and possible late fees. If you sue, you will also have to pay your attorney fees as well. You will loose.

Sounds like a big misunderstanding. I would take them up on the offer of back dues and attorney fees.
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Old 07-18-2013, 08:11 PM
 
Location: NJ
17,579 posts, read 38,313,006 times
Reputation: 16098
Quote:
Originally Posted by Alittleskeptical View Post
and 18 days later without waiting for me to respond
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Old 07-18-2013, 09:04 PM
 
998 posts, read 1,185,405 times
Reputation: 1701
You waited four months to pay your hoa's and that is your fault. Just because they didn't send you payment coupons doesn't mean you didn't have to pay. Pay the $2k and move on you will not win this battle because the HOA holds all the cards and the deck is stacked against you. Living in an HOA community is usually more trouble than it is worth. The whole reason there are HOA's is because cities don't want to pay to maintain roads and greenbelts so for the last 20 or 30 years a lot of cities have required any new development must have an HOA to maintain those things while the city still gets to collect your property taxes but not give you all the services you are paying for.
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