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Question

HI!I JUST HAVE A QUESTION RE OUR HOA.OUR HOA MONTLY DUES SUPPOSED TO BE $190 PER MONTH AS REFLECTED IN OUR SCROW WHICH WE SIGNED OCT 2005 BUT WHEN WE MOVED HERE IN NOV 2005,OUR HOA ALREADY CHARGING US $255 W/O INFORMING US.WE ASKED OUR NEIGHBORS HERE,THEY'RE SAYING THAT THEY ARE ALL ONLY PAYING $210.SO WE ONLY PAYING $210.BUT EVERYTIME WE RECEIVED OUR HOA MONTHLY BILLS,THEY'RE CHARGING US $45 FOR THE LATE PAYMENT UNTIL WE OWED THEM MORE THAN $2,000 ALREADY AND SEND US TO THE DEBT COLLECTOR.WHAT IS THE BEST FOR US TO DO NOW?WHAT ARE OUR RIGHS AS HOME OWNERS?THANKS!

Submitted: 38 days and 11 hours ago.
Category: Real Estate Law
Value: $18
Status: CLOSED
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Posted by Mary Meaden Esq 38 days and 10 hours ago.

Answer

Hello. The first thing you need to do is check the HOA documents to see if there is anything in those documents which gives the HOA the right to change the amount of the association dues on a homeowner without notice (or you need to find out what the procedure is to determine how the HOA CAN raise the association dues -- for example, do the HOA documents state that notice must be given to an owner prior to setting the current rate and how is that notice supposed to be delivered?). The HOA documents should have been provided to you in the title materials prior to closing (the documents creating the HOA and setting forth property restrictions should be recorded with the registry of deeds and are of public record). If there is nothing in these HOA documents, then you should send the HOA a certified letter, return receipt requested and inform them that at closing, you were informed that the dues would be $190 per month (enclose a copy of the escrow materials from your closing). Ask them for justification regarding why you are paying so much more than is set forth in the escrow documents and more even than the CURRENT tenants are paying. If they do not give you a reasonable explanation (such as pointing out to you where in the HOA docs the right to increase the fees comes from) OR, if they ignore your letter completely, then you will have to sign the matter up in small claims court to request any additional monies that you may have paid and to seek an order from the court exactly what your payment should be every month. You should do this before they try to put a lien on your property for past due amounts. GOOD LUCK. Please press the GREEN ACCEPT BUTTON so I will receive credit for my time. THANK YOU!

Posted by Mary Meaden Esq 38 days and 10 hours ago.

Answer

Hello. Please see my answer above.

38 days and 9 hours ago.

Reply

SINCE THEY'RE ALREADY REFERRED US TO THE DEBT COLLECTOR NOW,DO I NEED TO GET THE LAWYER FOR THAT?DO YOU HAVE ANY LAWYER WHO CAN HELP US AND WILL NOT CHARGE US TO MUCH?THANKS!

Accepted Answer

You may be premature in getting an attorney -- just let the collections agency know that you have written to the HOA to find out what the basis of the charges are (send copies of the letters) and see what the outcome of that is first. We do not represent individual clients here at Just Answer (this is a Q & A site only), however, if you are looking for a lowcost or free legal aid attorney you should ask at your local district court -- clerk's office -- and they usually can make referrals or at least give you some direction regarding finding an affordable attorney for you if this thing gets ugly. The Bar ASsociation for your state can also help with low cost referrals (that is the state arm that licenses attorneys) -- you can do a web search for their head office. GOOD LUCK. Please press the GREEN ACCEPT BUTTON so I will receive credit for my time. THANK YOU!

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Expert: Mary Meaden Esq
Pos. Feedback: 98.2 %
Accepts: 
Answered: 10/15/2009

Lawyer

12 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues

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