HOA Nightmare (Scottsdale: real estate, loan, lawyer)

[shadow10]

My son bought a house in Scottsdale, AZ which was owned by GMAC and it has been vacant for couple of months. The previous owner had violations concerning garage conversion into living area and some others. Initially I wanted to buy the house and HOA sent me a certified letter before closing date stating that the Association is willing to give me 30 days after closing to have the modifications to the garage removed. Otherwise the Association may proceed to file a lawsuit seeking to compel with compliance without further notice after the close of escrow. The escrow was closed on July 1st on my son name. We hired a certified constructor to do the garage conversion and we left for Europe. My son came back at the beginning of August and work for about a month to obtain City permits and City inspections. On September 10 we got two bills stating that we owe HOA almost $1,500, for e-mails, phone calls, researches and strategies for the case. The Association wants to make an inspection and I made the garage available for their inspection. I called the Association to invite them for an inspection and they told me that it is too late they will serve summons to my son.
My son never received any letter from the HOA except for the bills and he never had any phone conversation with the Association the lawyer and the bills are on his name as well as the summons. Despite of the fact that the contractor is still working on the house I called the Association to schedule the garage inspection and I am still waiting for their answer. They want us in court and pay also the legal fees incurred in enforcing the compliance.
I would appreciate your advice in this matter.

[Home_Kid]

if HOA has no signed return receipt for the USPS mail the HOA sent, then i would proceed to inform the HOA that they should drop their charges for the following reasons:

if in fact you have complied with original requests to fix the garage violations.....

1) they have no proof such mail was sent and/or received, then the mailing claims are not valid.
2) tell the HOA if they dont drop their charges to go ahead and file a lawsuit against you, just make sure they are aware that you will counter their lawsuit to recoup all of your lawyer fees.
3) if HOA tries to get a lien on the home (which is the most they could ever do anyways), be sure the HOA is aware that you have a lawyer waiting to put a injunction on the lien and that you will file a counter suit for all lawyer costs incurred by you.

just make sure you have all your facts correct.

Originally Posted by shadow10

My son bought a house in Scottsdale, AZ which was owned by GMAC and it has been vacant for couple of months. The previous owner had violations concerning garage conversion into living area and some others. Initially I wanted to buy the house and HOA sent me a certified letter before closing date stating that the Association is willing to give me 30 days after closing to have the modifications to the garage removed. Otherwise the Association may proceed to file a lawsuit seeking to compel with compliance without further notice after the close of escrow. The escrow was closed on July 1st on my son name. We hired a certified constructor to do the garage conversion and we left for Europe. My son came back at the beginning of August and work for about a month to obtain City permits and City inspections. On September 10 we got two bills stating that we owe HOA almost $1,500, for e-mails, phone calls, researches and strategies for the case. The Association wants to make an inspection and I made the garage available for their inspection. I called the Association to invite them for an inspection and they told me that it is too late they will serve summons to my son.
My son never received any letter from the HOA except for the bills and he never had any phone conversation with the Association the lawyer and the bills are on his name as well as the summons. Despite of the fact that the contractor is still working on the house I called the Association to schedule the garage inspection and I am still waiting for their answer. They want us in court and pay also the legal fees incurred in enforcing the compliance.
I would appreciate your advice in this matter.

[wit-nit]

You need a lawyer who specializes in HOA complaints. This is ridiculous, especially if what you say is correct and since your son is not the responsible party for the violation. And if it were me I would counter sue the HOA for it's gestapo tactics. You'll win in the long run. This is the USA not Russia.

[shadow10]

Actually I am from Europe and I lived under the communism but this is worse. The violations on the property occurred since 2006 and the HOA did not take any action neither against the previous owner nor the GMAC.

[Mt-7]

Did I read correctly that you have a summons to appear? And is it in the matter of the modifications? You must have agreed to the terms of the HOA for your home to close.

[vette-dude]

Originally Posted by seven of nine

Did I read correctly that you have a summons to appear? And is it in the matter of the modifications? You must have agreed to the terms of the HOA for your home to close.

Yes let's hope the realtor was not in too big of a hurry and not disclose the HOA documents to you before signing...This almost happened to me, and really got me upset....some HOA's are awsome and helpful with homes I have owned and some are "well" got their nose in your business too much...even telling me where to put my trash can...like where to toss my tp...

[Mt-7]

Yes they may have not began action against the previous so they could get their "I" s dotted to go forward on the new owners. Otherwise I would think that there would have been some notice in the documents at closing.

[shadow10]

They sent out a certified letter to me not to my son and they have my signature but my son is the owner. They also sent out another letter via electronic mail to my real estate agent and they asked me to sign it because initially I wanted to buy the house but I have not qualify for the loan. My son never got any letter on his name except that he sign a paper with First American Title that he will need to correct violations and he will not hold First American Title responsible foer any future liens or penalties.

[Mt-7]

Originally Posted by shadow10

They sent out a certified letter to me not to my son and they have my signature but my son is the owner. They also sent out another letter via electronic mail to my real estate agent and they asked me to sign it because initially I wanted to buy the house but I have not qualify for the loan. My son never got any letter on his name except that he sign a paper with First American Title that he will need to correct violations and he will not hold First American Title responsible foer any future liens or penalties.

ok you need a lawyer quick, do not wait. Have everything ready for before your summons. Good Luck, delay will only increase fees and money owed.

[Home_Kid]

Originally Posted by seven of nine

ok you need a lawyer quick, do not wait. Have everything ready for before your summons. Good Luck, delay will only increase fees and money owed.

a summons??? HOA has no legal authority to collect on anything. the most they can do is have a lien placed upon the home for failure to pay such stupid summons. like i said, if a lien is placed have a court place a injunction against that lien. its that simple.

but to avoid the hassle, just let the HOA know you have complied with their requests and that the whole thing is kinda silly at this point.