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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26346
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I live in a condo that I own (as long as I pay the mortgage,

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I live in a condo that I own (as long as I pay the mortgage, of course0, and I just got home and found a notice on my door that says, 15 day notice for unlawful detainer. I don't know what this means. The note says I'm being evictied in 15 days!! I am in an agreement with the association for past due association fees which I have been paying. I never recieved any notice before this. HELP!!!
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

 

You can't be evicted from property that you own, so unlawful detainer is not the appropriate measure. However, the HOA does have the right to sue or even begin foreclosure proceedings against you for the debt owed to it by non-payment of association fees.

 

The good news is that you will not be ordered out of your home in 15 days. Instead, if you don't pay the money demanded within the time frame, the HOA can start legal proceedings against you for the money owed. Thus, the next thing you would get is a notice of foreclosure or some other action to recover the money owed.

 

You have the right to remain in the property until the court date, and possibly even a month or two after if this matter goes all the way to court without getting resolved.

 

The best thing you can do is contact the HOA's attorney or whoever sent the letter and try to work out some type of pay arrangement to resolve this debt,

Customer: replied 2 years ago.
I have been in a payment plan with this association for over 3 years. I make my monthly association payments plus an extra $100 for the arrears. I have already been to court when they treid to foreclose on my unit while I was in a payment plan with them that was agreed on by the prior president of the association. I have the emails to prove that this is true. Fortunately, the judge saw that what I was saying was true and didn't allow the foreclosure to go through. Meanwhile, I'm stuck with over $3,000 in attorneys fees from the association because they continued with foreclosure proceedings regardless of the agreement that was made!
Expert:  Roger replied 2 years ago.

If there is a written agreement in place where the HOA has agreed to a repayment schedule, and now they're trying to abandon the agreement, you could actually sue the HOA for abuse of process, malicious prosecution in trying to institute these legal proceedings and also for breaching the agreement by pursuing you legally when you haven't violated the terms of the agreement.

 

 

Customer: replied 2 years ago.
Are the emails enough proof that there was an agreement, because this is all I have. When the management office finally got back to me, they agreed it was there mistake to post this notice on my door, and they also agreed that I was still making my payments and apologized. I'm sick of the harassment and I asked him again to send me an invoice showing what I've paid and how it's being applied to what I owe because they have never sent me a detailed invoice no matter how many times I've called and asked and I've lost count of the times I've left messages with the management office. I'm a single parent and I'm doing the best I can and they harass me every chance they get. I had to reassure my daughter that we were not going to get evicted because she saw the note when we got home. They know I can't do anything about it because I can't afford an attorney. Thank you so much for your help.
Expert:  Roger replied 2 years ago.

If the emails acknowledge that there is an agreement, and that the HOA agrees to the repayments, that should be sufficient proof. You don't have to have a formal document in order to have a valid contract. As long as there's an offer to pay and an acceptance of the offer, you have a contract.

Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26346
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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