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WiseOwl58
WiseOwl58, Attorney
Category: Business Law
Satisfied Customers: 2654
Experience:  Experienced business lawyer.
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Liens for assessments past due: For over 1+ years now our

Resolved Question:

Liens for assessments past due:

For over 1+ years now our Unit Owners Association ..4 Unit building ... Has done everything possible to stop me from seeing any financial information, our master insurance policy, or reserve balance etc. They've decided I'll assume that it's 3 against 1 so they can do what they want. I was discovered over a year ago about 30K was missing from the books ...

Because the other members all on the board .. they realized giving me the books would substantiate what I already knew. To make things more ridiculous, they hired a management company for 10K ... which is 1/3 of our overall budget .. He has been the ringleader for the last 7 months in breaking law after law ... He has been unwilling to give me any information, even when I've been trying to list my unit for sale.

I'm not exaggerating when I say documentation has been requested over 200+ time in every way imaginable fedex , certified, emails,

This is my problem right now ...Being unable to sell my place because data was hidden from me, the property manager for the last 6 months will not respond to me ... Email after email is read ( readverify ) and no response.

The only response was a notice to place lien to collect past assessment letter from the lawyer they found.

The letter had some major issues .. the notice has the wrong property listed ... it says 101 intead of unit 1, it has the dates wrong ,, using 2011 instead of 2012, it even has me as the III .. so its not my correct name.

More importantly .... Unless I'm reading DC law incorrectly .. I have the right to ask for a breakout of supposed fees I owed and they have 10 days to provide me the detail or the amount is viewed unenforceable .. These have gone ignored by the property manager and president for over a year.

What surprised me it that their lawyer's letter said I needed to respond in regard to the validity of the assessments within 30 days or the fee's were consider correct.

I sent him a fedex overnight letter requesting the detail on like day 27 .. it's now been 25 days and I've gotten no response. The letter to their lawyer as mentioned was FedEx'd , and emailed ... No response.

Well I caught wind that they plan on using these past due assessments to try and do a Unit Owners Association/HOA foreclosure.

What would be your suggestion, besides hiring a lawyer next week, in regard to this lien ...Am I correct that it's unenforceable is filing by the HOA president into the City Records.

I'm almost positive the lien date issue makes it unenforceable, but I'd think the letter with the wrong unit wrong name and wrong year .. would at least make them issue a new letter and dates to respond.

The letter is used by the President to fill the form out for the deeds record .. He most likely will make me the third, but I'll assume he'd get the address right and the years

If I could get an opinion on the lien being enforceable due to the time and errors, as well
as should I just let them file the lien knowing of the time issue and errors ... the time issue they know about, at least I've hinted at it .. if they file isn't this major Property Fraud ... a charge that could help me remedy all of the other issues in regards XXXXX XXXXX accounting and other nonsense.

thank you -

Optional Information:
State/Country relating to question: Washington DC

Already Tried:
everything
Submitted: 2 years ago.
Category: Business Law
Expert:  WiseOwl58 replied 2 years ago.
I suggest that you file.a.lawsuit against all 3 of them individually and.against the association for.breach of.fiduciary duty and negligent concealment.

You can file the lawsuit yourself.or.call a.lawyer to help you draft the complaint.

Good.luck.to.you.
WiseOwl58, Attorney
Category: Business Law
Satisfied Customers: 2654
Experience: Experienced business lawyer.
WiseOwl58 and 10 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.
Ok ... what about the lien issues? the lack of disclosure that should make them unenforceable? the member seem to say and do whatever they want ... the first thing is to stop this "lien" from being used for a judgement for foreclosure. Should I sit back and just wait to see what they do and then respond? I expect this attempt at foreclosure to be on July 17th ... yes they are that transparent.

BTW: How would I file a lawsuit by myself? maybe small claims, but this is much higher dollar
Expert:  WiseOwl58 replied 2 years ago.
The liens will be removed when you get a recovery. If.you file.the.suit, you can petition the court.to.order the association to pay them off and have the liens removed or to pay you the money in trust with a directive that.you pay the money to.have the liens.removed.

Yes, you can file in the trial court pro se, meaning you don't need a.lawyer to file.the.suit, you can do it yourself even if the amount is over the small claims limit and you're in the full trial court.

I hope I have satisfied.you and you will improve the poor rating you gave previously. Thank you for your consideration.
Expert:  WiseOwl58 replied 2 years ago.
Please review the answer that I have given you and rate it a 3, 4 or 5 so that we can close out this question and I can get credit for the answer I have given you.

It has been a pleasure working with you. Please feel free to call on me again and let me know if anything else comes up.

Thanks, XXXXX XXXXX the best to you.

WiseOwl58


--------------------------------------------------------------------------------
Customer: replied 2 years ago.
thanks for your help
Customer: replied 2 years ago.
ive tried to hit the four stars ..... but it won't take it
Expert:  WiseOwl58 replied 2 years ago.
Thanks. Please try again.
Expert:  WiseOwl58 replied 2 years ago.
Please review the answer that I have given you and rate it a 3, 4 or 5 so that we can close out this question and I can get credit for the answer I have given you.

It has been a pleasure working with you. Please feel free to call on me again and let me know if anything else comes up.

Thanks, and all the best to you.

WiseOwl58


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