I just enacted a stop payment on my checking account to my Home Owner's Association. I did this because my sprinkler system (maintained by the HOA) hasn't been working for over a year. I have an email string a year old, in which correspondence between myself and the HOA property manager has shown this to be a problem. In my last email, I informed her (the HOA manager) that I will be placing a stop payment on my HOA dues in an attempt to recoupe a service I've been paying for, but am not getting any benefit from.
Can someone tell me whether or not I'm likely to deal with legal problems due to my action? How easy it for them to place a lien on my property? I'm hoping the emails, which document the problem, will give me a leg to stand on should the issue go to court.
Thank you!
2007-07-27 07:07:30 · 4 answers · asked by JustMe 1 in Business & Finance ➔ Renting & Real Estate
You could be in Big Trouble. Your governing documents will allow them to charge late fees and interest, deny you the use of the common areas, and charge you attorney's fees for the costs of collections. Some states have Contract Lien Acts, which allow the HOA to give you a 30 day notice to pay up or sue them. If you don't pay or sue in 30 days, they can place a lien on your property without going to court. Once they have a lien, they can foreclose.
To make matters worse (sorry!) there is a rule the courts use called the Doctrine of Independent Covenants. Under this rule, you can't use the HOA's breach of its rules (not fixing the sprinkler system) as an excuse for your breach (not paying the dues). The only valid excuse for nonpayment of dues is that the dues weren't properly adopted under your rules, or that there is an error in how they were calculated.
If you have a complaint against the HOA, and you don't live in Florida or certain counties in Maryland, which have agencies that regulate HOA's, then you have to sue the HOA in court (Small Claims, maybe) for breach of contract and damages.
Hope this helps.
2007-07-27 07:34:58 · answer #1 · answered by AnOrdinaryGuy 5 · 0⤊ 0⤋
Placing a stop payment on a check has the same legal effect as never having sent the check in the first place. Your HOA may put a lien on your property, or they may not. It's their call.
However, you are bound to get some attention from the HOA one way or the other.
2007-07-27 07:15:27 · answer #2 · answered by acermill 7 · 0⤊ 0⤋
By the time the attorneys are done sending you letters, placing the lien on your house, etc...you are probably going to wish you had just paid for the repair out-of-pocket, because I have seen HOA does of only $150 that in one year, turn into $1,000 to $2,000 worth of legal expenses.
There is a procedure, for filing for maintenance, and you need to follow it. If your HOA is not following it, then you need to sue them in court.
They can not only place a lien on your property, they can actually foreclose on your home in order to collect the lien.
The e-mails don't give you a leg to stand on. Your HOA dues do not go for maintaining JUST the sprinkler in front of your house, it goes to maintain common areas and maintenance for the entire community and you cannot resort to self-help measures.
Read your agreement.
2007-07-27 07:15:21 · answer #3 · answered by Expert8675309 7 · 0⤊ 0⤋
They will definitely slap a lien on your property. It's very simple for them. I'm sure they do it all the time.
Instead of stopping payment, you should sue them in small claims court. It's probably worth consulting with a lawyer about this before you act.
2007-07-27 07:16:42 · answer #4 · answered by gcason 6 · 1⤊ 0⤋