If one has not been consistantly employeed but has made their best effort to keep up with their HOA fees, would they have grounds for & appeal of

Asked by Lilmamie, Springfield, Dayton, OH Wed Apr 20, 2011

fees My husband and I have not been consistantly working but have always made our best effort to pay pur HOA fees. They recently placed a lien on our property for 280.00 that is not including lien fees or lawyer fees. (btw they the Lien and the lawyer fees turned out to be more than the back dues that we owe) altogether they are asking us to pay $680.00 of which we do not have we are just now getting back on our feet. Their lawyer told us that we have to pay in full or write a letter to the board requesting that we make monthly payments until its pad off. Something about this does not seem right (just a gut feeling) is there anything my husband and I can do is there an appeal process or something we can do to bypass the lien and lawyer fees. What are our rights? How can we FIX this for a lack of better words?

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dave, Agent, Charlotte, NC
Wed Apr 20, 2011
being both a realtor and on a HOA board I can telly ou that there should have been a protocol they followed. You should have received a letter about your delquency first. Then they should have sent you a letter informing you that you have X days to either pay the balance or call to work out a payment plan. If you did not respond by that date they would have informed you that they are placing a lien on the property.

Since you received the lien letter...you are now responsible for the attorney fees, court costs and back HOA dues. I recommend you write a letter explaining your situation and a reasonable affordable payment plan you can make. the HOA board should accept it.

If you ignore it the HOA board will have the right to file a foreclosure against you on the house. Literally they can take your home for back HOA dues. You still would have time to work out a payment plan but then your costs will be triple what they are now; and they probably will want a more aggressive payment plan.
Web Reference:  http://www.davedicecco.com
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Scott Godzyk, Agent, Manchester, NH
Wed Apr 20, 2011
You should have received a notice with a warning that a lien was impending. That would have been the key time to write the board. Now that the lien is placed, you may not be able to dispute the cost of collection, attorney fees and lien fees. You will need to review your condo docs. You can write the board and ask to be heard. you can also search the OH bar association and see if there is a lawyer who works pro bono to help people like you out.. Either way you need to start a discussion with the board to resolve it. The problem is whether you are working or not, hoa fees have to be paid to cover the cost of running the hoa and cover services provided. Having conversation with them can save you money in collections and liens as then they will know you are havuing problems and just not a non payer. good luck working things out
Web Reference:  http://www.ScottSellsNH.com
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