Property Q&A in McKinney>Question Details

carolyndavi39, Home Owner in McKinney, TX

Just received a citation in the mail reqarding hoa fees, should I pay what is owed without other associated fees...

Asked by carolyndavi39, McKinney, TX Thu Jul 12, 2012

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Answers

4
1. Read HOA rules
2. If there are late fees due with fees that have not been paid.. .PAY them !
3. Can your HOA foreclose on your home
4. Any further questions consult with an attorney



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0 votes Thank Flag Link Thu Jul 12, 2012
Hi Carolyn,

You should remember that HOA dues support your property value and directly affect the services that your community provides. Fees & fines are only levied to pay for the cost of management and attorneys required to issue additional statements, notices, and eventually file liens and forclose on your property.

Fees are incurred by your HOA anytime the management company or their attorney takes action on an account. It is a hard cost of managing a community, not a punishment for being behind on your account. If you don't pay fines or fees, those cost must be absorbed by your neighbors through the HOA until legal action forces the account to be settled.

If you do not pay the additional fees, they just accumulate and multiply because additional legal work is required to process a delinquent account. The HOA can file a lien on your home which prevents you from selling the property without settling the account in full. It can also foreclose on your home and evict you. If you are hearing that laws governing HOAs changed this year, they did. But all the changes did was increase the work required by your HOA management company and their attorneys. This in turn increases the fees that are passed on to delinquent accounts. It will become very expensive for a homeowner to stop foreclosure.

Some HOAs will work with you by setting up a payment plan. Just don't ignore the notifications to pay and always follow up with the HOA's attorney or management company if you your account does not show payments made correctly. The account will only get bigger.

Patrick Jackson
REALTOR, ABR, E-Pro, GRI & McKinney HOA Board Member
0 votes Thank Flag Link Thu Jul 12, 2012
Review your rules and regulations outlined in the HOA documents. They are normally very specific and should provide basic requirements. You should have received a copy when the house was purchased. There are several good websites, including the Texas Attorney General's Office that provide general information. Ron
0 votes Thank Flag Link Thu Jul 12, 2012
This is a question you need to ask your lawyer.
Often they'll apply the the other fees first, before the HOA fees.

This is something you don't want to mess around with or you could get yourself in real trouble up to and including foreclosure. HOAs have the right to foreclose for unpaid fees, and your deed of trust also probably has a clause that HOA dues need to be keep current.
0 votes Thank Flag Link Thu Jul 12, 2012
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
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