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My HOA is threatening to put a lien on my property. I have paid my fees every year for the 9 years I've owned my home. The previous management did not keep accurate records and was subsequently fired. In reviewing the previous records, the current management company claims that I did not pay for 2007. I know that I paid by credit card for 2006 and 2007. I closed the account shortly after that and the bank told me that they cannot provide any info on that account. I always shred my credit card receipts after a year. We do not get receipts for HOA fees and I never thought that I would need one until this year. The new management company insists that the burden of proof rests with me. One neighbor told me that her attorney called the HOA and the issue went away. I've just lost my job and cannot afford to retain an attorney. I need to refinance as soon as I get a new job and so I cannot have a lien. What can I do?
State/Country relating to Question: Maryland
If you cannot obtain records from your credit card issuer, then you can obtain records from your association. You are entitled to review all of the association records under Maryland Code 11B-112. If the records are poorly kept, you should be able to show that the association cannot ascertain whether or not you are in arrears, precisely because the records are faulty.
At which point, you would have to sue the association for breach of contract and an injunction ordering the association to release the lien. But, if you can show via an accounting that the association records cannot prove your arrears, then that may be sufficient to cause the association to voluntarily release the lien.
BotXXXXX XXXXXne, if you can't afford to have professional accountants and lawyers reconcile the association records, then your only alternative is to "do-it-yourself."
Hope this helps.
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