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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3618
Experience:  Experienced real estate lawyer and real estate broker.
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I was the President of the Duncan Court 2 HOA months

Customer Question

I was the President of the Duncan Court 2 HOA for 2 months in 2013, before an illegal election took place while I was out of town and repaled me with the former President who was arrear in due fees of about $ 3 K...
Another Management firm was hired to replace AMS and they have currently imposed assesment fees of $ 90 a month without proper foundation to last 12 months. I am on a fixed income and Disabled. Now since I haven't paid these assesmant fees they have sent it to collection and I have heard thru separate parties that I now owe about $ 4000.00 in fees and penalties and they want to foreclose on my property which the mortgage is under Wells Fargo... There are only 44 units in our HOA.. These people are out of control. We live in a 4 unit condo building. The unit upstairs has been unoccupied and in serious disrepair so serious the pipes leaked in Dec. 2014 and caused $ 8200.00 worth of damage to my residence which I have not been able to complete repairs because the HOA will not institute any action against that owner. These people are corrupt . I need help and fast.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.
You should sue the HOA to put you back into office so that you can control the situation. Under Nevada law, the election that took place was invalid, so technically you are still the president of the HOA and any action that occurred subsequent to your ouster is illegal and does not have any legal effect under Nevada law. The HOA must repair the upstairs unit and cannot assess the monthly charges that you are unable to afford to pay. Please rate the answer 4 or 5 and close out the question. Good luck to you. I wish you all the best.

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