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Jean Connolly, Other/Just Looking in

can ho assoc wait for 30 mos to notify dues paid 1 day late and charge fees and costs plus late fee plus put a lien on property?

Asked by Jean Connolly, Wed Jun 6, 2012

help - my mother is 78 and is in hospital and scared by this.

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Sorry about your mother, she should only have to worry about getting well. However, with that said, the condo documents should have the terms spelled out on paying association and maintenance fees. If she is living alone, and had to go to hospital, I can see where this can get overlooked. As stated below get a hold of those documents and read what they state and speak to the management company who collects the dues. Hope all goes well.
0 votes Thank Flag Link Fri Mar 20, 2015
Short answer: Yes
Mom needs to pay an attorney to get to the bottom of this, or you do. Call or email, I have a few recommendations. I hope she's doing well. 1 day late could mean a lot of things.
0 votes Thank Flag Link Fri Aug 31, 2012

not sure if you have solved this already, but....there are laws governing the behavior of HOA’s, YET these associations can still have a powerful impact on your rights as homeowner.

Firstly: State laws establish what happens when homeowners do not pay their homeowners' association assessments or dues. And in Hawaii i believe that you can place a lien.

Secondly; there are written documents for you to read to help you mom. they may also have language which will govern how late fees are assessed etc. Please I highly recommend you get copies of these pdf'ed to youas soon as possible (OR just go on the home owners assoc website to download, i have provided a link to such an example association so you can get the idea of what your mom's might look like. ) Anyways learn your moms HOA’s Rules and Regulations and you may also find the HOA’s CC&R’s (covenants, conditions, and restrictions) online as well as information about what happens if you violate a rule. Moreover, they might publish minutes from meetings on line as well.

Thirdly and maybe most importantly, they are very helpful in the state of Hawaii govt offices. give them a call to get the right department. Sate of Hawaii's consumer resource center is 808 587 3222; and consumer protection office is 808 586 2630. These are good places to start.

good luck,
from another with a mom in hawaii...
0 votes Thank Flag Link Fri Aug 31, 2012
Yes, they can put a lien on the property if any of the dues are not current.
I would talk to the treasurer for the association, they should be able to correct this for you.
0 votes Thank Flag Link Wed Jun 6, 2012
I am sorry about your mom been scared over this mis-understanding. Based on the limited facts that you have provided it sounds to me that there is a mis-administration on the HOA side. You can call and provide verification and or proof that the HOA's were paid 1 day late and hopefully the whole ordeal would be closed and remedied.

Technically, the HOA do have the right to put a lien on the property, but in this case, they may have an error that you need to dig in further.

Good luck,

Marie Cruz, Keller Williams Jacksonville Realty
0 votes Thank Flag Link Wed Jun 6, 2012
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