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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117460
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am wondering why I have to pay attorney I didn't hire.

Customer Question

I am wondering why I have to pay for an attorney I didn't hire. I fell in arrears with my hoa payments and the association board verbally agreed to my making two payments per month through a law firm. I completed paying the past due ammount last year so I stopped making the second payment. Now the law firm has placed a lien on my home for non payment of legal fees. I made no agreement, verbal nor written, to pay a lawyer. Why am I obligated to pay for the attorney?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You are paying attorney's fees because your HOA agreement/bylaws/CC&R provide that if a person is delinquent on dues then they are liable for any costs incurred in collection of those delinquent fees. You are paying for the HOA attorney because there is a contractual obligation to do so by virtue of being a member of the HOA and governed by their CC&R and Bylaws. Thus, if their bylaws and CC&R state you are liable, you did have a legal duty to pay them even though you made no other specific agreements verbal or written. You buying in the HOA and agreeing to be a member was your agreement to be bound by their terms and rules.

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