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eire02, 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 eire02, Wed Jun 6, 2012

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

Help the community by answering this question:


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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