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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33791
Experience:  15 years real estate, Realtor. Landlord 26 years
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How long does HOA have the right to collect on assessment fees

Customer Question

How long does HOA have the right to collect on assessment fees and dues. Is the statue of limitation applies to this situation. I have been served with small claims order to provide late assessment/dilinquent assessment and fees on property I previously owned. I have records that this property was sold on a trustee sale to a private investor four(4) years ago and the public records indicate this to be true and the facts. Can I counter sue the Plaintiff for agreevated law suit due to ignorance and failure to review their records of tenantcy for proper collection of monthly HOA dues. Additionally, this court order cause interruption of my family vacation by having to return early. to prepare for this appearance.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will do what I can to help...Can you tell me what state you are in?..thanksBarrister
Customer: replied 1 year ago.
CALIFORNIA
Expert:  Barrister replied 1 year ago.
Ok, the statute of limitations for a debt like HOA dues is 4 years so the HOA would have the right to go back and sue for HOA dues that were no older than that. (CA Civil Code 337) HOA dues are considered both a lien on the actual property as well as a personal obligation of the owner at the time that they were incurred..So if this debt is older than 4 years, then you can defend against any suit by claiming that they are beyond the statute of limitations for collection in your Answer to their Summons and Complaint..As for countersuing them, if they have been negligent in maintaining their records and are pursuing a debt that is beyond the statute of limitations, you can countersue them for "malicious prosecution" and ask that the judge award punitive damages for their actions...thanksBarrister
Customer: replied 1 year ago.
ACCORDING TO THE PLAINTIFFS CLAIM ON RECORD THE DUES BEING CLAIMED APPLIES TO THE PERIODS OF NEW OWNERSHIP. RECORDED ON PUBLIC RECORD IN THE COUNTY CLERK RECORDS WHICH I HAVE OBTAINED.
Expert:  Barrister replied 1 year ago.
Ok, then you have an even stronger defense because they are suing the wrong person....thanksBarrister