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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116707
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have been harassed by my HOA for over a year. They won't

Customer Question

Good morning. I have been harassed by my HOA for over a year. They won't accept my HOA dues, which I paid in cash for the years 2014-2016 until I pay there $4k attorneys fees. I have emails from the HOA but I have never received one letter regarding my fees. Instead they will leave court papers on my screen door, take pictures of my house with one weed in the yard. They aren't enforcing the HOA rules and have even sent doctored court papers. My son and I lost his father to brain cancer, my son is terminal and suffers from PTSD. I also have a terminal illness and have been disabled since 1996. I paid cash for my home, keep my yard clean but this is putting a tremendous amount of stress on me, and my Lupus is really bad. They mailed a paper saying I didn't show up to court on October 15, because I was never notified . And now they say there is another court date to take my home. If there is any advice or help you can offer I would really appreciate it. Thank you. Stacy Iniguez
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 8 months 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.
I am sorry, but what is your question for us about this issue?
Customer: replied 8 months ago.
Can they refuse my HOA fees then go to court without sending me any paperwork and take my home I paid cash for
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
If you do not pay what is due to them in full, including any delinquent fees and attorney's fees, they can refuse payments from you. What you need to do in the meantime is put that payment in a separate account. You also need to show up in court and file a motion to vacate, since you never received proper service of the suit and if you are not able to represent yourself and get to court then you need to get to legal aid to get a local attorney to represent you. You MUST get to court and file a motion to vacate whatever they filed without serving you because if you do not do so, then you can face them foreclosing on your home and trying to take it.
I would strongly urge you to use a local attorney because most times they can indeed get to court and stop any pending legal action and will negotiate a resolution of this debt and get it over with so you can move on with your life.
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