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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I am a owner of a condo. Just recently my HOA MGMT company

Customer Question

I am a owner of a condo. Just recently my HOA MGMT company charged me for force placed insurance on my personal condo unit (h06). I contacted them to dispute the charges which was over one thousand dollars. Since then my condo board has elected to have another condo mgmt company as they were not responsive and did not provide the services that a reasonable mgmt company should provide. Now i have received a summons to court stating that i owe them over 3,000. I pay my assessments every month ad i have been an owner here for 9years. Also i have a lender. Should i contact my Bank and let them know what is going on?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Your lender is not going to intervene in the matter.You will want to ensure that you file an answer to the summons and complaint (failure to do so will result in a "default judgment" against you - meaning the HOA will get a judgment for the full amount they are asking for, and you will lose the opportunity to contest the matter on its merits).These HOA disputes are really just "breach of contract" actions involving very lengthy contracts (your CC&Rs or governing documents). You can best analyze your case by starting with the reviewing the documents to find the specific clause or terms that the HOA is claiming you violated (for example, if they are saying you failed to maintain insurance on your individual unit - check to see if there really is such a requirement - if there is, you are responsible for maintaining this insurance, if not, the HOA board (or management company) cannot decide to impose such a requirement without following the HOA's rule making procedure).