|
08-12-2009, 10:43 PM
|
|
|
|
2 posts, read 6,221 times
Reputation: 10
|
|
|
I moved out of NC state due to work a year ago and I had a couple of address changes since then. Now I'm slapped with a lien on my house in Charlotte because my HOA claimed that I was behind on my dues. When I checked the address on the count paper, I realized that the clerk at HOA updated my new address incorrectly. She apparently only updated my apartment #, but not the building #. So I haven't been getting any bills from my HOA for the past 3 months. When I discovered this error via the count case paper, I contacted the HOA and tried to work it out, but they insisted on foreclosing my house anyway. What should I do ? I can hire an attoney and litigate, but given that the assessment amount is so small (< $300 even with all the interest and late fees) and that I currently work out of state, it hardly seemed worth it. On the other hand, it just seemed so unfair. This is clearly a screw-up on HOA's part and I end up being the one paying for their mistakes. Do I have any other options here ? The 'overdue notice' that was supposedly mailed to me via first class mail never did reach me due to the wrong address. Do I have a case here ?
|
|
08-12-2009, 10:57 PM
|
|
|
|
Location: east of my daughter-north of my son
1,928 posts, read 3,505,669 times
Reputation: 888
|
|
Quote:
Originally Posted by homeowner_Charlotte
I moved out of NC state due to work a year ago and I had a couple of address changes since then. Now I'm slapped with a lien on my house in Charlotte because my HOA claimed that I was behind on my dues. When I checked the address on the count paper, I realized that the clerk at HOA updated my new address incorrectly. She apparently only updated my apartment #, but not the building #. So I haven't been getting any bills from my HOA for the past 3 months. When I discovered this error via the count case paper, I contacted the HOA and tried to work it out, but they insisted on foreclosing my house anyway. What should I do ? I can hire an attoney and litigate, but given that the assessment amount is so small (< $300 even with all the interest and late fees) and that I currently work out of state, it hardly seemed worth it. On the other hand, it just seemed so unfair. This is clearly a screw-up on HOA's part and I end up being the one paying for their mistakes. Do I have any other options here ? The 'overdue notice' that was supposedly mailed to me via first class mail never did reach me due to the wrong address. Do I have a case here ?
|
Wow! That is unfair. I am sure others will have better input but I checked with my husband who is on our HOA board and they are allowed to put a lien on a home but in no way can foreclose. I do believe only a lender can do that for non-payment. Not an HOA. And here before a lien would be imposed the homeowner is given every chance to make the payments. No liens have yet been imposed in our development. |
|
08-12-2009, 11:21 PM
|
|
|
|
870 posts, read 3,406,176 times
Reputation: 673
|
|
|
Oh the joy of giving people with too much time on their hands, too much power. Goes right to their heads.
|
|
08-12-2009, 11:24 PM
|
|
|
|
Location: Indian Land
628 posts, read 1,997,856 times
Reputation: 475
|
|
|
I'm assuming you still own the house in Charlotte and you currently rent it out? If so, you should have known that you needed to pay your HOA dues and that something was wrong when you did not get a bill. The excuse that you did not get the notice wouldn't work on you credit card company or your mortgage company if you did not pay them....would it? I also do not know of any HOA that would foreclose on a unit after being behind only 3 months. An HOA can foreclose on a home however, they would prefer not to. Foreclosures look bad on a neighborhood and hurt resale values. Again, if it's true you are only behind by 3 months, I have no idea why they would even consider a foreclosure. I know in my developement we have several units who have not paid HOA dues in over 2 years and we are foreclosing on them. I cannot fathom an HOA foreclosing on you after only 3 months. Are we getting all the facts? If we are...pay the $300 and be done with it.
To blame the HOA?? You knew you had to pay them...how can you blame them for missed payments? And to answer your question..."NO", I don't think you have a case. It's a fixed cost and you should have known it had to be paid.
|
|
08-13-2009, 06:02 AM
|
|
|
|
Location: Charlotte, NC
7,041 posts, read 14,345,901 times
Reputation: 2333
|
|
Quote:
Originally Posted by Catrick
Wow! That is unfair. I am sure others will have better input but I checked with my husband who is on our HOA board and they are allowed to put a lien on a home but in no way can foreclose. I do believe only a lender can do that for non-payment. Not an HOA. And here before a lien would be imposed the homeowner is given every chance to make the payments. No liens have yet been imposed in our development.
|
Yes, they can foreclose, but, in this market, that is plain stupid.
I would agree with the other poster that said that you knew the dues were there, not having received the bill is not an excuse not to pay them.
Pay the dues. That will stop the foreclosure. Simple. 
NOTE: I am not a fan of HOA's overall. Really think that they should be banned. But, this case is really not the fault of the HOA. The dues exist. They need to be paid. Unless something else is in place, that is the way that it is.  |
|
08-13-2009, 07:44 AM
|
|
|
|
Location: East Lansing, MI
25,194 posts, read 13,497,900 times
Reputation: 9259
|
|
|
So the total is less than $300? Pay it, then go have a drink.
I don't see what the problem is?
|
|
08-13-2009, 07:46 AM
|
|
|
|
Location: North Carolina
6,776 posts, read 13,019,317 times
Reputation: 6574
|
|
|
To everyone who is telling her to pay the dues, if you read the original post she stated she has tried to and they will not accept them.
|
|
08-13-2009, 08:18 AM
|
|
|
|
Location: Ayrsley
4,714 posts, read 9,318,967 times
Reputation: 3822
|
|
Quote:
Originally Posted by sophialee
To everyone who is telling her to pay the dues, if you read the original post she stated she has tried to and they will not accept them.
|
The OP stated that they called and tried to "work it out". So not sure if they tried to pay dues and they were not accepted. I'd just send a check via certified mail to them. If they cash it - case closed. If they refuse payment, the OP can show documentation that they tried to correct the situation.
I'd just send them a check and then tell them to take a hike. |
|
08-13-2009, 08:19 AM
|
|
|
|
27 posts, read 78,567 times
Reputation: 20
|
|
|
This happened to my friend in a subdivision sort of. She didn't pay her dues for almost a year before they imposed a lien though. She owns her house outright- no mortgage. She was within 2 months of foreclosure over $400 dollars in back dues plus interest and penalties. She had to pay a lawyer's office since the HOA wouldn't take the money at that point. I am quite sure the OP has received a lawyer's office address to pay the backed money along with the lien notice. My friend ended up paying like $1200 bucks or something crazy for those $400 in backed dues, but it did stop the foreclosure proceedings. I would have killed her if she lost a $130,000 house that was PAID for over HOA dues.
Get on the phone. Find out who to pay. Don't make excuses. Pay the bill and move on.
|
|
08-13-2009, 08:28 AM
|
|
|
|
Location: North Carolina
6,776 posts, read 13,019,317 times
Reputation: 6574
|
|
Quote:
Originally Posted by Tober138
The OP stated that they called and tried to "work it out". So not sure if they tried to pay dues and they were not accepted. I'd just send a check via certified mail to them. If they cash it - case closed. If they refuse payment, the OP can show documentation that they tried to correct the situation.
I'd just send them a check and then tell them to take a hike.
|
Yeah that's true. I just assumed that's what she meant
I cannot believe a HOA can really foreclose on your home?!?! WTH? |
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
|
|
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
