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Hello , we are being sued for not paying our homeowners assoc fees and and all of the sudden we got served and our fees have gone from 400 to $5300.00 to pay attorney's fees. What can I do I need help should I settled and pay or get my attorney. We thought we could pay the following year .

2007-03-21 11:44:14 · 9 answers · asked by sux 2 in Politics & Government Law & Ethics

9 answers

You have to pay. They can and will foreclose on your house and sell it at auction.

2007-03-21 12:04:19 · answer #1 · answered by Yak Rider 7 · 1 1

Hoa is trying to foreclose on me I live in Florida. They started last year in June and I responded. I requested the mins from board meeting approving it, the itemized fees not to be in on Lump sum, A current registeration with the Secretary of State and a Copy of the Covenant that allows them to change the contract and adopt the new Law. They stop pushing forward. Check your Deed my was defective. The property address do not match the property description that makes the Deed defective . They had seven years to correct it. They time is up. I bought my house in 2003.

2014-04-18 02:47:37 · answer #2 · answered by Joyce Davidson 1 · 0 0

Sorry for you! Unfortunately, homeowners associations are the modern form of redlining and retaining ownership of property that they aren't paying for. What would solve this problem is if all American Citizens refused to buy properties wherein there is a homeowner's association. In lieu of that, why not just rent? When you have a homeowner's association, you'll never truly own the property and you will always have to pay dues that increase maybe even more than rent so why not just rent?

Everyone should research any property they wish to buy, especially if there are homeowner's association dues or if there is an involvement in a homeowner's association. Don't just pay lip service -- get a written copy of all covenants and restrictions and copies of the minutes for all the past homeowner's meetings. You would also have to see if the homeowner's association has a right of lien for non-payment of fees and if there is a contractual limit on those fees. If people start demanding everything in writing before they sign on the dotted line, these places won't be able to screw people up so easily.

I would attend a homeowner's association meeting or go knocking on doors and ask how many others are in similar situations? I would also have my contracts reviewed very carefully by an attorney. There may be some deficiencies in the contract that could eliminate your need to pay the fees or put you in a better position to negotiate. Additionally, you might be able to negotiate the lawsuit.

Read your contracts.

2007-03-21 11:57:09 · answer #3 · answered by MH/Citizens Protecting Rights! 5 · 0 0

I'm not sure what state you reside in but in the state of Florida the home owner's association (HOA) can NOT foreclose on your home. What they can do is get a judgment for monies owed and for attorney's fees. They can also prevent you from using in HOA facilities such as a community swimming pool or basketball court. My sister just went through this after being unemployed for a year due to injury. The end result (after loads of drama) was that the HOA was awarded a judgment of $3,000.00 which she has one year to pay in full plus interest of 8% per anum per year. In the event that she can not pay the amount in full, the HOA can file a secondary lien on the property. However since the HOA does not have priority status (only first. mortg. and IRS get this status) they can not foreclose without the permission of the priority. That is the bank that she has her home loan with must allow foreclosure for the secondary to proceed. If you have made all of your payments in full and on time, it is unlikely that the bank will foreclose (as in her case). However, if she sells her home before she pays off the judgment, the money owed to the HOA will be taken out of her proceeds at settlement. When you purchased your home you should have been given paperwork on the rules and regulations of your HOA. The procedures for placing a lien should be outlined within the document. Good luck. I hope all goes well. P.S. My husband and I buy foreclosed property all the time and I have yet to come across a property that was foreclosed on for non payment to HOA. P.S.S. At this point you can still negotiate. It would be to your advantage to contest the attorney's fees now.

2007-03-21 12:57:07 · answer #4 · answered by CHARITY G 7 · 1 0

What good would hiring an attorney do (other than cost you more money)?

If you owe the money, then you owe the money--and the homeowners association does have the right to add attorney fees, penalties, late charges, interest, etc, and it adds up FAST.

If it were me, I’d pay it before any more fees got added on to it.

2007-03-21 14:39:23 · answer #5 · answered by kp 7 · 0 0

Yes, the homeowner's association can foreclose for failure to pay your dues. You could lose a very nice house for lack of those $400. The last I heard, legislation was being drafted to protect homeowners in that situation so that the unpaid dues become a lien on the home, but not sufficient to foreclose. It will depend on your jurisdiction.
As for the suit, they have the right to do that as well. You will have to pay up or prepare to pay legal expenses as well. That is according to the terms of your contract.

2007-03-21 11:55:46 · answer #6 · answered by rac 7 · 1 0

Well, you'll need an attorney if you don't intend to pay for sure.

Those fees were part of a contract you signed. You can be held accountable for those fees and any legal fees incured. You might try mediation.

2007-03-21 11:50:12 · answer #7 · answered by Anonymous · 1 0

You better get an attorney and a copy of your association contract. The best things in life aren't free. You have to pay your dues. Then you have a lot less problems in life.

2007-03-21 11:50:42 · answer #8 · answered by Kenny Ray 3 · 1 2

Get your attorney!

2007-03-21 11:47:09 · answer #9 · answered by Anonymous · 0 0

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