Have Legal Questions? Ask a Lawyer Now.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
What an HOA can and cannot do is limited by both the law and their documents of formation.
There is no law that supports what they are doing so their ability to "put a lien" and assess damages to you will depend on whether their documents allow them to do so and will set forth the process.
Regardless of what the documents say you can always sue and challenge their assessment of the damages. They will be hard pressed to prove that your worker caused the damage.
Would I find this information in the by laws of our subdivision?
Yes, it should be in the HOA by laws.
You may want to consider getting a local lawyer to send them a letter stating that you will sue if they place a lien.
Would you recommend that we have a lawyer put together this type of letter rather than ourselves? How costly is it to do this? We are trying to weigh our options. He wants $1200.00, we know we did not cause the damage but getting an hiring a lawyer may cost more than the $1200.00 We are fearful he will come after us later and ask for more.
can you recommend a lawyer in the st. louis, Mo area. Jefferson County, MO area?
Yes, get a lawyer to do it. Just the letter shouldn't be much, if anything.
No, we can't give specific referrals but just look for someone local that has a general practice.
Many lawyers will write letters like this for just goodwill.
But it should be under $100 even if the charge you.
And if you have to sue you can recover your attorney's fees from the HOA.
Ok, thank you.
You're very welcome. Anything else I can assist with before I exit to help others?
should we send him a letter in the mean time to say we will have someone contact him soon to prevent him from going forward with the lien?
No, it would be better just to have the lawyer do it. If he files the lien then it will be an act of bad faith on their part.
ok thank you. that is all. Have a good evening.
Best wishes to you and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
I'll exit now to help someone else.