HOA Property Lien?
I was notified by an Attorney of my HOA for past due pool dues. I had already made a payment towards the dues which was cashed and I notified my HOA of financial difficulity. They are seeking pool dues + interest + atty fees. I was shocked because I was not previously notified from the HOA except for bills I do not have a problem paying the pool dues (which includes late fees), but I do have a problem with them forcing me to pay anything in addition to. The lien is for $532.50...I only owe $240.00 for the pool. Do I have any choices here?? help...
Answers:
My experience with HOAs is they can pretty much do what they want because when you were first in love with the house and went to closing, you signed away your rights! Work out a pay plan and get EVERYTHING in writing. There may be a financial hardship form you can fill out but it doesn't matter unless it was filled out before you needed to pay your dues.
I have a feeling that if you read the CCR for your HOA, you'll find that they can indeed seek interest and attorney's fees for failure to pay. But take a look -- it that is not authorized in the CCR, you can fight it.
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