My HOA is trying to put a lien on my property. They have an LLC working in the same management office who sent me a letter for late payments. I was billed attorney fees. Since then, I have paid up my late HOA dues but the attorney fees and late fees continue to add up even though I have not been late again. I requested for a dispute settlement with the board but I don't know what I am up to or will be facing at the dispute meeting which is in two days. What should I know going in and how prepared should I be? Thank you.
State/Country relating to question: California
I spoke with a person at the HOA not knowing he was the proprietor of the LLC about why I was late with payment which is basically about illness. i hinted about getting an attorney and he told me no attorney can help me with this problem.
It depends on what is stated in the bylaws regarding attorney fees. With most HOA's until the late assessments and all fees are paid the account is still delinquent. What do the bylaws state about a settlement? Did you pay the account in full with all fees and the additional fees were added after payment in full? Of course an attorney can help you, he is just bullying you. Please let me know if you can provide me with the answer to the above questions.-Could you explain your situation a little more?
i do not know what the bylaws state about settlement. I was diagnosed with frozen shoulder and was out for between two to three months. I was late with two months of $373 each month plus the late fees of $15 each month. Then attorney fees for giving me notice was added. Soon as I could, I paid the two month HOA dues plus two months $15 late fees. The $15 fees has continued to be recurrent due to all charges have not been paid. so the account has not been paid in full and I am asking that they waive the fees. I fear that if I show my pay stub, they may use my information to garnish my little wage I have left after my mortgage payments.
I am sorry to hear that. However they may be well within their rights to file a lien. There are not usually any exceptions made for non payment of all amounts due and payable. It may be best to hire an attorney to negotiate a settlement as the HOA has already shown an unwillingness to work with you. Please let me know if you have any further questions.
25 Years in General Practice, Real Estate Law and Estate Law
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